Recent Blog Posts
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.
Accused of a Crime: Should I Turn Myself In?
You should never seek to hide from the police or try and avoid getting arrested when you know you have a warrant for your arrest. Evading arrest, revisiting arrest, and obstruction of justice are all serious crimes in Illinois. Turning yourself into the police when you have been charged with a crime is often a wise move, if done properly.
Difference between Being Accused and Being Charged
You may want to do the right thing, but you are not sure if you are required to turn yourself in or not. If you have been accused of a crime, that is, someone has said that you committed a crime, but you have not been charged with a crime, you do not have to turn yourself in.
You have the right to not incriminate yourself. This means even if the police wish to question you, you can remain silent instead of admitting you broke the law. You should still seek the advice of a criminal defense attorney, but you are a free man or woman.
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.
Traffic Offenses: Tickets for Failing to Stop
In Illinois, there are a number of different traffic offenses that involve a failure of the driver to stop when stopping is appropriate or required. Some of the most commonly cited traffic offenses of this nature include failure to stop at a railroad crossing, failure to stop for a school bus and failure to stop for pedestrians. If you receive a citation for any of these offenses, an experienced traffic offense lawyer can help you fight these alleged violations.
Failure to Stop at a Railroad Crossing
Failure to stop at a railroad crossing is governed by 625 ILCS 5/11-1201. Under the law, a driver must stop at least 15 feet from a railroad track crossing when:
- A railroad crossing gate is lowered;
- Electric or mechanical signage at a railroad crossing indicates that a train is coming;
- A train sounds its horn, signaling that it is approaching the crossing;
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.
False Accusations of Domestic Violence: False Claims of Stalking and Harassment
Some instances of domestic violence are actually based on fact. One person in the relationship is overly jealous, jilted or has other issues that make them a violent person, and they act out against their spouse, significant other or partner in a physically abusive, controlling, or manipulative way. But there are many cases where allegations of domestic violence are false, and when false allegations of domestic violence are made, it can have serious impacts on the life of the person who stands accused.
When presented with the idea of domestic violence, many people automatically think of domestic battery, where one spouse, significant other or partner physically abuses the the other person in the relationship. But domestic violence can also include stalking and harassment.
Stalking
For example, stalking is considered a form of domestic violence because stalking occurs when one person (i.e., the alleged stalker) knowingly acts in a way towards another (i.e., the alleged victim) that makes the alleged victim scared for their safety. Stalking is codified in 720 ILCS 5/12-7-3.
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.
Illinois Zero Tolerance Policy for Underage Drunk Driving
Illinois has very strict laws when it comes to underage individuals driving under the influence of alcohol. Illinois is a zero tolerance state, meaning that if an underage driver is asked by law enforcement to submit to a chemical test and it is discovered that the underage driver has a blood alcohol concentration (BAC) of anything other than zero, the underagedriver will be subject to penalties.
Under Illinois’ zero tolerance law, when a law enforcement officer makes a traffic stop and the driver is under the age of 21 and the officer has reason to suspect that the driver may be operating the vehicle under the influence of drugs or alcohol, the officer can require that the underage driver submit to a chemical test. Any concentration of alcohol in the test results will result in the underage driver being arrested and processed for driving under the influence (DUI).
Modifying Your Child Support Order
It is the legally-recognized right of a child in Illinois to expect financial support from both parents, regardless of the relationship between them. It is impossible, of course, to legally mandate a healthy relationship between a child and both parents, but the state does have the ability to enforce orders of child support. If you are like most parents, you are more than willing to help provide for your child and make every effort to remain current on your ordered payments. What happens, though, when life changes make it difficult to meet your support obligations?
Creating the Original Order
In the vast majority of situations, the obligation to pay child support falls upon the parent who is not granted primary physical custody of the child. Illinois law provides a basic formula for calculating child support payments, based primarily on the payor’s net income and the number of children to be supported. Other circumstantial factors can be taken into account, including the resources and income of the custodial parent, as well as the physical, medical, and educational needs of the child.
Traffic Offenses: Tickets for Failing to Slow Down
A driver can receive a citation for a number of different traffic violations that involve failing to reduce their speed when a situation on the road warrants slowing down. A few commonly cited traffic offenses that require drivers to reduce their rate of speed include the failure to slow down or reduce speed for emergency vehicles, a failure to slow in a construction zone, and a failure to slow in order to avoid an accident.
Ticket for Failing to Slow Down for Emergency Vehicles
Scott’s Law, 625 ILCS 5/11-907, in memory of Chicago Fire Department Lieutenant Scott Gillen who was killed by a passing motorist while attending to a roadside emergency situation, requires that drivers reduce their speed and attempt to change lanes to give emergency vehicles the space they need to safely tend to emergencies. This includes giving emergency vehicles the right of way when they are driving on the road as well as when they are parked on the side of the road so that emergency responders can safely and effectively respond to an accident or emergency situation.
Schedule Your Free Consultation
Arlington Heights Office 3030 Salt Creek Lane, Suite 120 Arlington Heights, IL 60005 Phone: 847-253-3100
At Cosley Law Office, we represent clients throughout Illinois, including Arlington Heights, Barrington, Buffalo Grove, Des Plaines, Elk Grove Village, Glenview, Hoffman Estates, Inverness, Long Grove, Mount Prospect, Mundelein, Northbrook, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Schiller Park, Wheeling, and Wood Dale, as well as Cook County, Lake County, DuPage County, and throughout the Chicago, IL metropolitan area.
Results listed are not a guarantee or indication of future case results.
© 2026 Cosley Law Office
3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100