Posted on November 24, 2014 in Alimony

Divorce…it’s a word that is typically associated with pain and duress. However, this view has become a common misconception. With divorce becoming more and more common, many couples are deciding to take a more amicable approach. This is only one common misconception out of many.

Divorce is harmful to children. While it is true that no divorce or break-up is easy, divorce does not have to be harmful to anyone, especially the children. It is key, however, in order for this to remain true, both parents must maintain respect and communication, as well as support for each other and their children.

Divorce is the only answer. Many couples think that divorce is the only answer. While this may be true in certain situations, divorce may not be the right answer for all. If there is any chance of a reconciliation, it always best to consider a less permanent resolution, such as legal separation.

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 Posted on November 14, 2014 in Alimony

When it comes to needing to make a change in your marriage, many couples consider divorce their only option. However, there are other options out there, such as legal separation.

Since divorce results in the finality of a marriage, it is critical to ensure that a couple wishes to end their marriage. Often times, legal separation may be the better option, especially if there may be a chance for reconciliation in the future.

There are several other reasons a couple may wish to pursue a legal separation versus a divorce, such as:

•  The opposition of divorce due to religious reasons.
• The eligibility of a spouse’s benefits, including Social Security and other government benefits.
• The eligibility of health insurance or other benefits from spouse’s employer.
• The eligibility of tax benefits if stating legally married.
• There is less stress related to filing a separation agreement versus a divorce agreement.

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 Posted on November 07, 2014 in Commercial Drivers License

Traffic tickets can be an expensive, and occasionally, serious issues. Whether you were speeding, performed illegal lane usage, forgetting to use your turn signal, texting while driving, or speeding in a construction zone, it is important to consider the benefits of fighting your traffic citation.

The benefits of contesting your traffic ticket:

• The potential for the charges to be dropped, which will prevent you from having to pay hefty fines, instead allowing you the ability to keep your driving record clean.
• In the event that you reach a plea bargain agreement, the likeliness of reduced charges increases.
• The possibility of maintaining your driving privileges. In repeat offender cases, by contesting your charges, you are more likely to keep your driver’s license.
• By contesting your traffic tickets, you may also be able to save yourself from potentially harmful consequences when it comes to things such as your job and schooling. This will especially ring true for commercial drivers with a CDL.

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 Posted on November 03, 2014 in Criminal Defense

Since driving under the influence (DUI) charges are very serious, it is critical that you take it them seriously as well. Even with first time offenders, hiring a DUI attorney can play a critical role in your case. Not only are DUI attorneys knowledgeable in the process, but they will defend your rights as well.

What Is A DUI?

A DUI is defined by the operation of a vehicle after consuming alcoholic beverages, consuming more than the legal limit, which is .08% blood alcohol content (BAC) in the state of Illinois. While it is not required, many first time offenders may not require the assistance of a DUI attorney in their case.

However, often times, DUI’s may also include other offenses such as a repeat offender, reckless driving, DUI while driving with a minor in the vehicle, or DUI with a high blood alcohol content of .12% or greater. These offenses are much more serious, and should always be brought to a DUI attorney immediately.

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 Posted on October 23, 2014 in Child Custody

Contrary to what many people believe, there are many different types of child custodies. While a judge awards all custody determinations, not every situation is the same.

The following information will help you to understand the different types of child custody, as well as help you to determine which may be the best for your specific situation:

Physical Custody

With this type of child custody, a parent has the right for his or her child to live primarily with them. When a sole parent, or custodial parent, has physical custody, the other parent, or noncustodial parent, will typically have visitation rights or parenting time awarded to them.

Legal Custody

With this type of child custody, the parent with legal custody has the right to make all the decisions in regards to the child’s upbringing, such as with the child’s schooling, religious beliefs, and medical care.

Sole Custody

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 Posted on October 17, 2014 in Alimony

When making the decision to file for a divorce, there are certain factors that need to be considered before taking that first step, especially since divorce is an emotional and trying time.

Whether you are filing for divorce, or your spouse has made the decision to file, these tips will help you to ensure the smoothest transition possible while preparing for your divorce:

Seek the assistance of a divorce attorney. Hiring a divorce attorney is ideal for both parties. An attorney can ensure that you fully understand the laws and your rights, as well as prepare you for the possible outcome. Be sure that you seek representation from an attorney who listens to you, your concerns, will answer all of your questions, and is reliable.

Secure your finances. Not only is this important in order to determine your assets, but this is also critical in ensuring that both parties will be able to financially support themselves, as well as the costs related to the divorce itself. It is not necessary for marital funds to be dissipated, but it may be a good idea to equally divide your accounts.

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 Posted on October 02, 2014 in Commercial Drivers License

When it comes to Commercial Driver’s License (CDL), the laws are stricter and hold drivers at a higher standard than other types of drivers. With a larger vehicle comes a larger responsibility to ensuring the safety and well being of pedestrians and drivers. For this reason, this is why commercial drivers have greater repercussions when a traffic violation occurs.

By understanding traffic violations and the repercussions for violating them, you will prevent receiving a ticket, being fined, possible jail time, as well as ensure that you will keep your CDL.

Serious Traffic Violations:

• Speeding (15 mph or above the posted speed limit)
• Wreckless driving
• Improper lane use or changes
• Driving without a current CDL
• Driving without the proper endorsements

Major Traffic Violations For CDL Drivers:

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 Posted on September 24, 2014 in Criminal Defense

Traffic offenses, or infractions, are typically issued due to non-dangerous moving violations, and other mechanical violations. These violations are less offensive and carry lesser penalties, however, there are other traffic-related violations that can carry more offensive violations: traffic misdemeanors and traffic felonies.

Here is the difference between these two more serious traffic offenses:

Traffic Misdemeanors- This violation often involves an injury to an individual, destruction to property, or poses a threat to either an individual or property. Even though these violations are less serious crimes than felonies, the typical punishment consists of a hefty fine, or even incarceration. These violations vary by state, but usually include the following:

• Driving while under the influence of drugs or alcohol
• Failure to stop at the scene of an accident
• Driving recklessly

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 Posted on September 22, 2014 in Divorce

Those who are regular Internet users or have social media accounts including Facebook Instagram and Twitter should take caution if they are in the middle of a divorce or child custody battle. Any networking websites that you are a part of should be avoided at all costs and living in today’s society, it can be easier said than done. The reason why the lawyers at Law Offices of Donald J. Cosley strongly encourage this to their clients is because any social media activity can hurt your case if used improperly.

If you do decide to continue the use of social media during a divorce, it is important to remember not to post or update your account as often as you normally would and to always keep your personal information private. If these social media sites are used incorrectly and inappropriate words are posted and the opposing party finds it online, it is hard evidence that they could use against you in court. As said before, this is easier said than done. We sometimes post things or update our profiles without even thinking through the consequences it could bring.

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 Posted on September 04, 2014 in Criminal Defense

Starting this year, Illinois banned the use of all hand-held devices while driving, only permitting the use of hands-free devices such as speakerphones, Bluetooth, and headsets. In addition to this ban, the state of Illinois implemented other rules pertaining to cell phone use, including the prohibition of using a cell phone while driving in a school zone, in a construction zone, as well as prohibiting cell phone use if you are a novice driver.

In addition to Illinois’ ban on cell phone use, they have also placed a ban on texting while driving. According to Illinois’ anti-texting law 625 ILCS 5/12-610.2, it states that, “a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.”

While this law includes electronic devices such as cell phones, personal digital assistant, or a portable computer, there is a list of electronic devices that are permitted, such as GPS and navigation devices, as well as electronic devices that are integrated into the vehicle.

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