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Recent Blog Posts
Social Media Explodes with Blended Family Bliss
In today’s world of viral photos, many images are shared and quickly forgotten. Some, however, leave a lasting impression, especially when that impression is one of love and caring. Such was the case with a series of candid wedding photos that made the rounds on social media outlets last month, which many have found to be a source of inspiration for children of divorced and remarried parents.
A Loving Surprise
One of the major challenges facing remarried couples and blended families is determining the roles that are appropriate for each parent and stepparent. This can be especially difficult when preparing for a major family event like a wedding. Even in the best of situations, stepparents may not be sure how to act or what to expect, and, due to their devotion to their stepchildren, are often willing to step aside and remain relatively unobtrusive.
Prostitution and Entrapment
Every few weeks, local headlines celebrate the success of another prostitution sting. Inevitably, the stories are similar: law enforcement officials went undercover, posing as prostitutes or “johns” to help clear the streets of sex-for-hire activities. While the average citizen may not think twice about such police action, if you have been arrested for prostitution or soliciting a prostitute, the manner in which the sting was conducted can have a drastic impact on outcome of your case. Many stings border on entrapment, and it important to understand exactly what that means.
What is Entrapment?
Under Illinois law, a person is not guilty of criminal activity if he or she was “incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person.” Such inducement is called entrapment, and the law is meant to prevent law enforcement from convincing a person to commit a crime they would not have committed otherwise. Providing an opportunity to commit the crime, however, is not considered entrapment, and the part of law upon which prostitution stings typically rely.
Understanding the Limits of Prenuptial Agreements
When many people think about a prenuptial agreement, the first thought that comes to mind is a wealthy, celebrity couple looking to protect their individual assets and property. Prenuptial agreements, sometimes called premarital agreements, are certainly useful in providing financial security in the event of a possible divorce, they do not have unlimited contractual powers. Before signing a prenuptial agreement, it is important to recognize some of things they cannot do.
They Cannot Be Too One-Sided
Provisions regarding the powers and limitations of prenuptial agreements are contained in the Illinois Uniform Premarital Agreement Act. While there are several possible reasons that an agreement could be found to be unenforceable, including coercion or deception, only one concerns the terms of the agreement itself. A prenuptial agreement will not be enforced if it is shown to be unconscionable. So what does that mean?
National Hockey League Acknowledges Serious Drug Problem
As the Chicago Blackhawks get set to open the 2015-2016 season this week, concern over illicit drug use around the National Hockey League is growing. The NHL, like most professional leagues, has strict testing and disciplinary guidelines in place regarding the use of steroids and other performance enhancing drugs (PEDs), but the rules are less defined in relationship to street and party drugs like cocaine and ecstasy.
Results of Random Testing
As part of the program to eliminate the use of PEDs, NHL players are subject to team-wide testing during training camp and once more during the season. Individuals may also be tested at random under the terms of the league's existing labor agreement. Some 2,400 test are collected each year, of which, about 800 are analyzed more closely for other illegal drugs. Over the last several years, these tests show that cocaine use among NHL players is again on the rise. While the NHL is certainly no stranger to drug issues, including cocaine, the league has made assurances that the situation is a point of focus going forward.
The Impact of Divorce on Your Will
The effects of you divorce are likely to be felt throughout many aspects of your life, often for years into the future. But did you know that that your divorce could continue to affect you and your loved ones even after your death? It could if you are not careful, anyway. Following your divorce, it is important to understand how ending your marriage may impact your plans for dividing your estate.
Enduring Contracts
In certain cases, the terms of your divorce agreement may require you to keep your ex-spouse as beneficiary for certain accounts or investments as a form of security for spousal maintenance or property division purposes. More often, however, you will be free to choose new beneficiaries so that your ex-spouse does not stand to collect money or assets that should be going to another family member. It is extremely important to make such changes directly with the investment company or life insurance carrier or else the contract you signed when you opened the account or began the policy may remain in effect, and could possibly take precedence over your divorce decree.
Sign and Drive Law for Traffic Violations
Consider the contents of your wallet. If it was stolen, what would be the most challenging thing to do without for a few days? Chances are, you could get by without your credit or debit card and insurance identification cards for a little while until you receive new ones. Your driver’s license, however, is a whole different story. Without it, you would probably struggle to board an airplane, purchase alcohol, or even cash a check. However, for many years, the state of Illinois allowed law enforcement officers to take a person’s driver’s license as bail when citing him or her for a traffic violation. Thanks to a law that went into effect earlier this year, though, the practice has come to an end, and it is important to know your rights and responsibilities.
Implementing Sign and Drive
Just over a year ago, the Illinois legislature and then-Governor Pat Quinn recognized the challenges presented to citizens by having their licenses confiscated as bail. They realized that affecting the way that a person goes about his or her daily life was not appropriate based on relative minor severity of most traffic violations. Thus, in August of 2014, the so-called Sign and Drive was officially signed by the governor, taking effect on January 1, 2015.
Am I Entitled to Spousal Support after My Divorce?
Under the law in Illinois, children have to right to expect financial support from both parents, regardless of the adults’ marital situation. The same is not true, however, for divorcing spouses. While there may be situations in which spousal maintenance is appropriate, there is no inherent assumption that it will be granted. Instead, in the absence of an agreement either at the time of divorce or prior, such as a prenuptial agreement, the court will examine the applicable circumstances and decide if an order for spousal support is necessary.
Negotiated Maintenance and Prenuptial Agreements
Most aspects of divorce can be settled fairly amicably through the process of negotiation. You and your spouse may be able to reach an agreement regarding spousal support with an arrangement that works for your particular situation. Spousal maintenance provisions can also be included in a prenuptial agreement, created prior to your marriage. As long as such agreements are workable and relatively fair, they are likely to be accepted by the court.
Was the Police Search of My Car Illegal?
Every year, a surprising number of people are arrested after having their cars searched. Often, the police find drugs, weapons, or other contraband in the car and then arrest all of the occupants. But, police are not allowed to randomly search vehicles. Everyone in the United States has a Constitutional right to be free from unreasonable searches and seizures.
If you have had you car searched by police, it is important to know if the search was legal or not.
Search and Seizure Law Basics
The Fourth Amendment to the U.S. Constitution gives you the right to not have your property searched or taken unreasonably. This means that the police must either have your permission, a warrant, or there must exist some special circumstance, before they can search your property, including your car.
If a search is found by a court to have been illegal, all evidence gathered from that search will be inadmissible in court. This is sometimes called “fruit of the poisonous tree”. If you give the police permission to search you vehicle, however, the search will almost certainly be legal.
Marital Property Includes Retirement Accounts
According to the law in Illinois, nearly all property acquired by either spouse during the course of marriage is considered part of the marital estate and is subject to division in the event of divorce. This generally includes all wages derived from employment, even if those funds have been invested into a retirement account set up in the name of just one spouse. The same is true for a pension, as its value is attributable to the working effort of a spouse, which, in the context of a marriage, causes the asset to become marital property.
All, Some, or None?
If you have been actively saving for retirement for many years, it is very possible that your retirement account, including a 401(k) or an IRA, existed long before your marriage was even a consideration. The contributions and the resulting increase in value of the investment made during the marriage are part of the estate. The contributions and value increases prior to the marriage or after your divorce are not included in the division of property process.
Illinois DUI Evaluations
When you have been arrested on suspicion of driving under the influence (DUI), your life is likely to change dramatically. In addition to potential criminal penalties, your ability to drive legally may be severely hampered by administrative suspensions and revocations. Prior to sentencing, in most cases, and certainly before driving relief will be considered, Illinois law requires an individual arrested for DUI to undergo an alcohol and drug evaluation.
Purpose of the Evaluation
The state of Illinois has a vested interest in maintaining public safety and identifying potential risks created by drivers with substance abuse issues. Therefore, by requiring the evaluation, the state receives an objective overview from licensed professional regarding the extent of a driver’s drug and alcohol use, and the likelihood of future occurrences of driving under the influence. The results of the evaluation may also be used to recommend intervention treatment as part of the court-ordered conditions included in the disposition of the case.
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