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Some Life Events Can Force a Couple to Consider Divorce
Have you ever had an experience with another person after which you felt closer than ever? Whether it was a magical vacation, witnessing a historic event, or any other occasion, you may have known immediately that your relationship with that person would never be the same. While many certainly have had such an experience, for many others, certain events may have the exact opposite effect. Somewhat surprisingly, some of the very same experiences that pull some people closer together may, in fact, plant a seed of division that ultimately drives others apart. Between friends and family members, the relationship may simply cool off, but for a married couple, such life events may push the spouses toward divorce.
In Sickness and in Health…
A happy, productive marriage takes a great deal of work from both spouses. When one spouse develops a serious health condition or chronic illness, however, the relationship can change quickly. An illness or disability often means that one partner is expected to shoulder more of the responsibility for maintaining the marriage, which some individuals are just not able to handle. Health concerns can also create significant financial challenges as well. Interestingly, though, the likelihood of divorce due to a spouse’s illness seems to be directly affected by which spouse gets sick, as divorce rates go up when it is the wife who falls ill, but remain about the same when it is the husband.
Yours, Mine, and Ours: Classifying Marital Property
When you are single, anything and everything you buy belongs solely to you. Any shopping trip or purchase decision impacts only you and the people with whom you choose to share that purchase. When you are married, on the other hand, the property you acquire is, in most cases, no longer just yours. Instead, it is part of what is known as the marital estate, meaning that both spouses claim equitable ownership of the asset, regardless of which spouse bought or earned it. During the marriage, of course, most couples are generally happy to share their property in this way. In divorce, however, the situation may get a little more complicated.
What is Marital Property?
Under the law regarding divorce in Illinois, only marital property is subject to division between divorcing spouses. Therefore, the law also contains provisions defining marital property. Any property acquired by either spouse during the marriage is a marital asset with a couple of very limited exceptions. Acquired property can be physical items, such a car or piece of furniture, real estate, or an amount of money, such as employment-related wages or investments. As far as the law is concerned, it makes no difference which spouse earned or purchased the asset, for what reason, or even whose name is on the loan or title; if it occurred during the marriage, it is part of the marital estate.
DUI While High: How Drugs Are Affecting DUIs
Many people think a DUI only means drunk driving. But, DUI is more than just driving drunk. It is a crime in Illinois to operate a motor vehicle when impaired because of alcohol or drugs. The drugs can be illegal drugs or prescription drugs. The National Highway Transportation Safety Administration has reported an increase in accidents caused by drugged drivers, even as the number of drunk driving accidents continues to fall.
How Does Law Enforcement Know You Are High?
The police cannot pull your over without reasonable suspicion that you are committing a crime or traffic infraction. This means that if a police officer notices that your car is swerving, going at an unsafe speed, or violating any law, the officer can pull you over. Law enforcement has been trained to observe signs of impairment in drivers.
If the police officer believes you are impaired, you may be asked to get out of the car and take some tests. The officer may even ask you directly if you had anything to drunk or taken any drugs.
Jury: Wrongfully Convicted Man Was Framed by D.C. Police
A man who spent more than 27 years in prison for crimes he did not commit has agreed to a $16.9 million settlement with the District of Columbia. The settlement was announced a federal jury was preparing to determine damages in the case. Earlier this week, the same jury found that two D.C. homicide detectives fabricated at least part, if not all, of the confession the man allegedly made to a police informant, leading to the man’s conviction in the 1981 rape and murder of a Georgetown University student. The detectives were also found to have withheld evidence in the cause, prompting many to call for an investigation into their handling of other criminal cases.
In 2009, the man’s original conviction had been overturned, when DNA evidence exonerated him of the crimes. The exoneration has already prompted internal reviews by the Justice Department, the Federal Bureau of Investigation and the U.S. attorney’s office. The case marks the first federal civil rights ruling over a wrongful conviction in D.C., but is similar to a 2012 Illinois verdict that held the city of Chicago liable for $25 million in damages as the result of a wrongful murder conviction.
Knowing What is Best for the Children
In today’s modern world, divorce has become a simple fact of life. Pundits and religious leaders can debate forever over the perceived cultural and moral changes that have led to the widespread acceptance of divorce, but the reality remains unchanged. Sometimes, marriages fail, and sometimes, before they fail, those marriages produce children. A parent going through a divorce is often faced with a number of difficult decisions, each one driven by the same thought: “Is this the best thing for my child?” While such an approach is certainly understandable, there are some things that any parent should keep in mind when the end of his or her marriage becomes a possibility.
Getting Out May Be Necessary
“Staying together for the kids” is a long-held mantra for many parents who feel trapped in a bad marital relationship. However, the maxim may be starting to lose its strength, as parenting and family experts are beginning to realize that doing so may be counterproductive. The idea of remaining in an unhealthy marriage evolved as the result of parents believing that their children “deserved” a traditional, two-parent household, almost no matter what. Research is now showing that while the two-parent part is important, the single household part is not a requirement. It is often better for a child to have two happy, divorced parents than two miserable, married parents who fight constantly and make the home a much less healthy environment.
Separation Period to be Considered Proof of Irreconcilable Differences
When the current laws regarding divorce in Illinois were drafted, the focus seemed to be on making sure that a couple was certain about their decision to end the marriage. Even a divorce on the grounds of irreconcilable differences required a period of at least six months during which the spouses lived separate and apart before a divorce would be granted—and that was assuming both parties agreed to the divorce. As time has gone on, however, cultural views regarding marriage and divorce have begun to change significantly and, this past summer, amendments to the state’s divorce laws were passed that bring the statutes more in line with the needs of modern families.
Required Separations
Among the major changes to the existing divorce law approved by the Illinois legislature and signed by the Governor this year is the elimination of the mandatory separation period. Under the existing law, a person filing for divorce could be forced to wait up to two years if his or her spouse will not agree to the dissolution sooner. In the most amicable, uncontested situations, the required period of separation can be no less than six months.
Medical Marijuana Dispensaries Set to Open Within Two Weeks
After almost two years of bureaucratic delays, the wait for medical marijuana in Illinois may be coming to an end. According to regulatory officials, the first legal crop has been harvested, processed, and is ready to be tested. Growers and industry leaders expect that the state’s legal outlets for marijuana distribution, known as dispensaries, are expected to open their doors in the next two weeks, and qualified patients are optimistic that it will finally be happening.
Smaller-Scale Operation
When the medical marijuana pilot program gets off the ground, it will do so on a scale well below that of original estimates. So far, only six dispensaries have been granted license to begin operating in the state, far below the 60 companies which sought approval. The number of qualifying patients, as well, is much lower than initially anticipated. With expectations of around 100,000 registered medical marijuana patients, the actual number is currently at about 3,300. Efforts to expand the list of qualifying conditions have been blocked by Illinois Governor Bruce Rauner, who has expressed reluctance to make any changes to the program before it actually gets started.
Can I Seek Spousal Maintenance after a Short Marriage?
Eight years. That is the average length of a marriage that ends in divorce in the United States and it is among the lowest of any country in the world. Following a divorce, state laws around the country provide that, in some cases, one spouse may need financial assistance from the other for a period of time to allow the disadvantaged party the opportunity to be self-sufficient. While spousal maintenance may seem like a reasonable option for situations involving marriages that lasted a long time, many individuals considering divorce often wonder if the same type of support may be available for shorter marriages. As with most aspects of divorce, the answer is a resounding “maybe.”
Deciding on Spousal Maintenance
No matter how long your marriage may have been, you have the right to request spousal maintenance in your divorce. Of course, it may not be granted, but there is nothing stopping you from seeking it. While the length of your marriage is a factor that the court will consider when making a decision, it is only one of many considerations. Others include the income and resources of each party, how your earning capacity was affected by your role in the marriage, how you contributed to your spouse’s career or earning capacity, your needs, those of your spouse, arrangements for your children, if any, and the likelihood and time needed for you to become self-sufficient. The court will also look at the standard of living created by the marriage and determine if you should be entitled to a maintenance award.
What You Need to Know About Illinois Search Warrants
You have probably
seen or heard about search warrants in movies or on television, but the way they are used in real life can be quite different. Search warrants give law enforcement permission from a court to search your property. Warrants can be issued that allow law enforcement to search your home, business, computers, car, cell phone, or any other property you may have.
When Are They Needed?
The U.S. Constitution and Illinois law protect you from unreasonable searches. This means that the police, or other law enforcement agency, must usually have your permission or a search warrant before entering your property to look for evidence of a crime.
If the police ask to come into your house to look around and you give them permission, they do not need a warrant. Anything they find can be used against you in court. However, if the police ask to search your house and you tell them they need a warrant, they cannot then search your house without first obtaining a search warrant from a judge, based on probable cause.
Stay-at-Home Dads: A Departure from Generations Past
According to Professor Karen Kramer of the University of Illinois at Urbana-Champaign, in the 1970’s, less than ten American men identified as stay-at-home dads. Not less than ten percent. Less than ten men. In fact, according to Kramer’s research, the number may have been closer to six. In 2014, the number of stay-at-home dads was estimated to be around 1.9 million, not only a staggering difference from 40 years ago, but as much as 16 percent of all stay-at-home parents in the country. There are, of course, a number of factors that contribute to the evolution of stay-at-home parenting for men, including unemployment and disability, but many simply have the choice to be home with the children and seize the opportunity.
Defining a SAHD
The U.S. Census Bureau is normally responsible for gathering demographic information on stay-at-home caregivers, including stay-at-home moms, or SAHMs, and stay-at-home dads, or SAHDs. However, the Census Bureau does not include dads in same-sex relationships, single dads, or dads of children older than 15 as eligible for consideration as SAHD. The Pew Research Center, on the other hand, reviewed the census data while looking differently at the information. When considering any father at home with children 18 or younger in the same household, Pew found that nearly 2 million men are now stay-at-home dads, down slightly from the all-time high of 2.2 million men in 2010, at the end of the last recession.
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