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How to Prepare for a Contested Divorce in Illinois
There are two types of divorce in Illinois: contested and uncontested. A couple is undergoing an uncontested divorce when they are able to come to an agreement about major divorce issues such as property and debt division, spousal support, and the allocation of parental responsibilities. When divorcing couples are not able to effectively discuss these issues and come to an agreement either on their own or through mediation, they may require court intervention. Divorces such as these are referred to as contested divorces. If you have a feeling that your divorce will not be amicable or cooperative, there are several things you can do now to help yourself prepare for the contested divorce process.
Educate Yourself About the Illinois Divorce Process
Human nature often makes us afraid of things that we do not understand. If you are planning to end your marriage through divorce, one way you can help prepare yourself is to start learning about the divorce process in Illinois and what to expect. Reducing the number of surprises you will encounter is one way to make the divorce process less intimidating. In Illinois, most contested divorces involve some or all of the following steps:
Penalties for Leaving the Scene of an Accident in Illinois
In early May, a Berwyn woman was taking an Uber home after celebrating her 23rd birthday in Chicago. On her way home, a drunk driver crashed into the vehicle she was in, killing her and injuring three others. The driver fled the scene and was caught shortly after. Now, he faces many charges, including leaving the scene of an accident.
In Illinois, it is law that all drivers stop at the scene of any accident they are involved in. When they do not, they face serious penalties.
Leaving the Scene of an Accident Involving Property Damage
Even when there is only property damage and no real injury to anyone involved, all drivers must still stop and report the accident to the police. Failing to do this is considered a Class A misdemeanor. Although these are some of the least severe charges a person could face after leaving the scene of an accident, the consequences are still serious. This crime is punishable by up to one year in jail, a $2,500 fine, and a probation period of up to 24 months.
Issues That Can Invalidate a Prenuptial Agreement
Prenuptial agreements, or "prenups" for short, have long been misunderstood. Some people incorrectly believe that signing a prenuptial agreement with your fiancé means that you are destined to get divorced. This is no truer than saying that buying car insurance destines you to a car accident. Prenuptial agreements not only protect each spouse’s property rights in the event of divorce but they can also help engaged couples effectively communicate about property and debt before getting married. This can be tremendously beneficial to the relationship and help prevent unexpected financial issues during the marriage.
There are certain things that can invalidate a prenuptial or premarital agreement. If you plan to create a prenup, make sure to follow Illinois state guidelines so that your prenuptial agreement is not set aside by the court in the future.
What Should Be Included in an Illinois Prenuptial Agreement
Why Resisting Arrest Is a Bad Idea
Whether it is for a traffic violation, a possession charge, or an accusation of any other crime, being arrested is a very scary thing. It is natural for the body’s fight or flight response to kick in, and for people to try and resist the arrest. However, this is a very bad idea. Resisting arrest will only lead to additional charges and, if an officer becomes injured, it is charged as a felony. Instead, those charged should comply with the arresting officer and then call a Rolling Meadows criminal defense attorney that can help them beat the charges.
Resisting Arrest in Illinois
In Illinois, resisting arrest is defined as knowingly interfering with, or obstructing an officer’s attempt to make a legal arrest. It is most often charged as a misdemeanor, but this charge still holds serious consequences for those accused. If the offender injures a police officer while resisting arrest though, it is charged as a Class 4 felony. The extent of the injury is not considered, meaning even a minor injury to an officer is enough to result in felony charges.
Differentiating Between Marital Property and Separate Property During an Illinois Divorce
One of the most contentious issues during many divorces is the division of marital assets. In Illinois, marital property and debt is divided though a method called equitable distribution. Some states simply split the marital estate in half during divorce, but Illinois takes a more fine-tuned approach. Illinois courts will consider many factors when determining how property will be divided during divorce including each spouse’s financial circumstances, employability, health, and more. Before the marital estate can be divided, however, courts must determine what property is marital and subject to division and what property is separate property not subject to division.
Marital Property is Property Acquired During the Marriage
According to equitable distribution laws, only shared property or marital property is divided during a divorce. Separate property is not divided and is instead assigned to the owner of that property. Determining which property is marital and which is separate can become quite complex.
What Turns a DUI Into an Aggravated DUI?
It was in February of 2019 that a woman was convicted of an aggravated DUI after crashing into a stalled vehicle on the Murray Baker Bridge in 2017, killing another woman. She faced up to 14 years in prison, but recently was sentenced to three years. Under her no contest plea, she is eligible for appeal and probation, but must serve at least 85 percent of her sentence.
Any DUI is considered a serious offense in the state of Illinois. An aggravated DUI however, involves certain factors that upgrade the crime to something more serious.
Misdemeanor DUI vs. Aggravated DUI
Most DUIs in Illinois are considered Class A misdemeanors that carry a maximum sentence of one year in prison. Many first offense misdemeanor DUIs do not involve any jail time. When there are certain other factors involved in the crime, known as aggravating factors, the charge of DUI is upgraded to a felony or an aggravated DUI.
How to Make the Most of Your Illinois Parenting Agreement
Many parents who get divorced choose to co-parent their child. If you plan on sharing custody-formally called the allocation of parental responsibilities-with your child’s other parent, you will be required to create a parenting agreement. This agreement is used by the courts as a way of establishing how parental responsibility of a child is shared between two unmarried parents.
There are certain elements of the parenting agreement which you must include, but you are free to include as much additional information as you want. A parenting agreement can become more than just another piece of paperwork which you must fill out; it can form the foundation of a healthy, productive, and cooperative co-parenting relationship.
What Must Be Included in an Illinois Parenting Agreement
Certain information is required to be entered into an Illinois parenting agreement. These items include but are not limited to:
Can Your License be Suspended for Texting and Driving in Illinois?
The last week of April was Distracted Driving Awareness Week in Illinois, and troopers all across the state participated. Over the seven-day span, they issued a total of 566 distracted driving tickets. The campaign could not have come at a better time, as drivers in Illinois are about to face much steeper penalties if they regularly text and drive.
Current Illinois Law on Texting and Driving
Currently in Illinois, it is illegal for any driver to use a handheld device while driving. This is covered under the statute 625 ILCS 5/12-610.2. This law, which is one of the stricter distracted driving laws in the country, states that no driver shall hold a cellphone or electronic device, including tablets, while they are behind the wheel of a car that is moving.
Under this law, there are only a few instances in which the use of an electronic device is legal. These include:
- If the device is built into the car, such as a GPS;
Scott’s Law: Move Over or Possibly Lose Your License
In the first two and a half months of the year, 13 State Troopers have been hit by vehicles while working on the side of the road. In early January, one was fatally struck and killed while working the scene of an accident. The number is too high in the state, and Illinois State Police are trying to change that. With a blitz on social media, they are reminding all drivers about Scott’s Law, and what can happen if they fail to comply and reduce speed to avoid an accident.
Scott’s Law
According to 625 ILCS 5/11-709, Scott’s Law requires all motorists to move to another lane when approaching an emergency vehicle on the side of the road. The law was named after Lieutenant Scott Gillen, a firefighter with the Chicago Fire Department that lost his life after being struck by a passing vehicle while he was working the scene of an emergency. It is also sometimes called simply the “Move Over Law.”
The law applies to any vehicle that has flashing lights, a siren, or both. Police vehicles are the most common emergency vehicles seen along the side of the road, but the law also applies to ambulances, firefighters, and even tow trucks in some cases. Construction vehicles could also fall under the definition of emergency vehicle according to Scott’s Law. Motorists wishing to keep safe and avoid penalties should simply move over when approaching flashing lights ahead.
Non-Physical Abuse is Domestic Violence
When you hear the words "domestic violence" do you imagine a bruised and battered spouse? While domestic abuse does often involve overt acts of physical violence, not all abusive relationships are obvious to others. In fact, many people who are in an abusive relationship may not even realize it. They incorrectly assume that because their abusive partner is not literally punching and kicking them that the spouse’s demeaning, frightening, or threatening behavior is not abuse. Nothing can be further from the truth. Read on to learn about the more subtle signs of domestic violence and what you can do if you are currently in an abusive relationship.
Humiliation, Threats, and Isolation Are Signs of Abuse
The laws regarding domestic violence are listed in section 750 of the Illinois Compiled Statutes and are collectively called the Illinois Domestic Violence Act of 1986. In the act, the word "abuse" is defined as "physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation…" This means that according to the law, abuse does not have to be physical to be considered domestic violence.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100