Posted on May 26,2015 in Divorce

Like many things in life, marriage and divorce are not necessarily defined in “black and white” terms. While there is obviously a level of certainty to getting married and the finalization of a divorce decree, most couples probably find that their relationship exists somewhere in the so-called “gray area.” This may be particularly true for a couple experiencing a degree of trouble in their marriage but are not ready or able to simply put an end to the relationship. For such couples, legal separation may be an option that helps them through a challenging period.

Trial Separation and Legal Separation

Although impossible to truly count, many couples will experience, at some point, a level of doubt about the future of their marriage, and often consider a trial separation. Creating physical space between spouses in a troubled relationship can sometimes improve perspectives for the partners while living separately. While such a decision is common, it must not be made lightly, as experts indicate that trial separations have a mixed track-record when it comes to saving the marriage.

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 Posted on May 21,2015 in Texting and Driving

Most Americans are old enough to remember a time when the fastest way to reach someone was to call them on the telephone at their home or work. If that person was out or on another call, the caller would likely need to try again later. Obviously, the innovation of cellular technology has changed the social mindset on communication completely. Today, virtually anyone can be reached in a matter of seconds, either by phone or text message. However, such convenience has brought with it a new level of danger, especially for those who use mobile technology behind the wheel, leading many states, including Illinois, to place limits on cell phone use while driving.

Cell Phone Restrictions

In 2014, restrictions on the use of cell phones went into effect for Illinois drivers, at the time making Illinois the 12^th state to prohibit the use of hand-held phones. According to the law, the hand-held use of a cell phone for voice conversations is prohibited for all drivers throughout the state, with possible exceptions for emergencies. The proper use of GPS devices and other uses of cell phones, including as a music player, are permitted.

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 Posted on May 19,2015 in Child Custody

The education of your child is likely among your most important priorities. You want your child to learn and obtain the skills necessary for success in today’s world. Like most high-priority issues, however, a child’s education is not without its share of complications. This is especially true if you are not married to your child’s other parent and, together, you are subject to a child custody order. You may wonder, like many parents, what role your child’s school is expected to play in enforcing your custody order.

Custody Basics

In Illinois, child custody may be granted in two basic ways, based on the consideration of the entire situation and the child’s best interest. In some cases, a court may determine that the child would be best suited by the granting of sole legal custody to one parent, while the other parent retains visitation rights. In other cases, joint legal custody may be more appropriate, requiring the parents to each take responsibility in decision-making for the child. Typically, both types of custody arrangements will establish some sort of schedule for the child to spend time with each parent.

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 Posted on May 14,2015 in Assault and Battery

Facing criminal charges can be frightening for anyone. Being charged with a crime that you are not sure you understand can be virtually overwhelming. For many people, their only exposure to the criminal justice system is what they see on the news or read in the newspaper, which can lead to confusion over the definition of particular offenses and crimes. This is particularly true of charges that are frequently related and brought in conjunction with one another, such as assault and battery. If you have been charged with either or both of these offenses, it is critical that you learn the difference between them.

Assault

While many may think they know what the charge of assault encompasses, they are often surprised to learn the actual legal definition. Under Illinois law, assault is any conduct that places another person “in reasonable apprehension of receiving a battery.” Assault could be as simple as throwing a punch or as aggravated as brandishing or discharging a firearm. It is important to keep in mind that there no requirement of injury to justify assault charges, as charges are based on the victim’s reasonable apprehension.

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 Posted on May 12,2015 in Divorce

A successful marriage requires the full investment and cooperation of both partners. Conversely, a marriage will deteriorate quickly if one partner is no longer interested in preserving the relationship. While the marriage may be falling apart, divorce can be even more difficult if one spouse is reluctant to accept the end of the marriage. However, if you have decided that you wish to pursue a divorce and your spouse refuses to consider the idea, there a few things that you can do.

Be Respectful of the Process

When you decide you are ready for divorce, you probably did not arrive at that conclusion without a great deal of thought and consideration. It is important to recognize that your spouse deserves the opportunity to think and consider the situation in the same way. By telling him or her that you want out of the marriage, the resulting emotional turbulence can make it very difficult for your spouse to objectively look at the future of the marriage. Give him or her the space necessary to process the reality of the relationship, and, over time, it is possible that the necessary solution will become evident.

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 Posted on May 07,2015 in Underage DUI

As the school year draws to a close, young people across the country look forward to spring and summer seasons. Graduation parties, holiday picnics, and simply spending time with friends offer many teens a well-deserved break from the stress of school. Many teens, however, will choose to celebrate with alcohol, which can not only be dangerous, but is also illegal in Illinois. Some, after drinking, will get behind the wheel of a car, putting them at increased risk of injury and prosecution under the state’s Zero Tolerance Law.

Zero Tolerance and DUI

The Illinois Zero Tolerance Law makes it illegal for an individual under the age 21 to operate a motor vehicle with any trace of alcohol in his or her system. A person caught driving with a blood-alcohol content (BAC) of greater than 0.00 percent may be charged under the state's Zero Tolerance provisions. A first offense will result in a three month suspension of driving privileges, and a subsequent offense carries a one-year suspension. Refusal to submit to BAC testing can result in the penalties and suspensions being doubled.

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 Posted on May 05,2015 in Illinois Family Law Attorney

The impact of soda and other sugary drinks on a person’s health is fairly well-known, at least among adults. Most realize that if consumed in excess, such beverages can contribute to obesity, diabetes, and a wide array of other health-related issues. However, children have seemingly always been drawn to soft drinks, either as a treat or, in some cases, a regular part of their daily routine. According to recent research, children of divorce may be even more inclined to drink soda and similar beverages, leading to an increased risk for health problems.

A study conducted at San Francisco State University and published online in the journal Childhood Obesity examined factors that contributed to pre-adolescent obesity. Researchers, led by psychology professor and department chair Jeff Cookston, interviewed parents and children in both intact and divorced families, asking them to track their eating habits. When the results were compiled, the findings showed that children of parents who had recently separated or divorced were far more likely to drink soda or sugar-sweetened beverages than children of currently married parents.

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 Posted on April 28,2015 in Child Custody

As a parent, you will always want what is best for your child. In a difficult situation, however, figuring out what is best may be extremely challenging. Negotiating arrangements for child custody can be among the most difficult situations a parent will ever face. However, for parents wishing to maintain shared or joint custody of their child must approach the situation with a sense of cooperation and dedication to the child, regardless of anything else.

Joint Custody

Parents who are divorced or unmarried may seek a joint custody arrangement for their child, which grants them both the legally recognized right to make decisions regarding the raising of the child. They will be expected to work together in creating an environment in which the child will thrive and enjoy a healthy relationship with each parent. While Illinois law does not require a court to work from a “default” position regarding joint or sole custody, it is generally accepted that active, positive participation in the child’s life by both parents is always in the child’s best interest.

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 Posted on April 23,2015 in Illinois Criminal Defense Attorney

Over the last several weeks, this blog discussed some of the characteristics of different types of property crime in Illinois. The first post looked at burglary offenses, which include breaking and entering, criminal trespass, and residential burglary. Last week’s post examined charges related to theft in more detail, a classification which encompasses shoplifting, retail theft, and the taking of unattended property. Today, for the last post in the property crime series, this blog will consider offenses related to robbery.

Definition of Robbery

Illinois statutorily defines robbery as the taking of property, not including a vehicle, “from the person or presence of another by the use of force or by threatening the imminent use of force.” Under this definition, robbery would include a mugging on the street, purse-snatching, and the hold-up of a convenience store or bank.

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 Posted on April 21,2015 in Child Support

The state of Illinois, like every state, recognizes the right of every child to receive support from both parents. While support can take many forms, it is impossible for any law to control the emotions of a parent, requiring them to show love, care, and compassion for the child. While such intangible forms of support should innate in most parents, the law can and often does mandate financial child support be provided and may require contribution from either or both parents.

Which Parent Pays Child Support?

Under Illinois law, a child’s present situation dictates which parent is required to pay child support. While the law does permit the court to require payments from both parents, the provision is usually invoked only in rare cases in which the child is not living with either parent. In most cases, contributions for child support are required from the parent without primary physical custody of the child or children.

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