Whether it is a one-time adulterous act or an ongoing affair, being cheated on is painful. Many marriages are unable to survive an act of infidelity. If you are getting divorced and your spouse cheated on you, you may wonder how this can impact divorce. You may wonder if you will be entitled to a greater share of the marital estate or will gain an edge in child custody matters because of the adultery. Read on to learn about adultery may influence a divorce case in Illinois.
When you ask the court to grant you a divorce, you will need to state the reasons or “grounds” for the divorce. Illinois is a no-fault divorce state. This means that there are no fault-based grounds for divorce. You will not mention your spouse’s infidelity as the reason for your divorce in your divorce petition. Currently, the only ground available in Illinois divorce cases is “irreconcilable differences.”
Did you know that the average cost of raising a child from infancy to adulthood is over a quarter-million dollars? Between housing, groceries, extracurricular activities, and tuition, kids are expensive. Child support payments help cover child-related costs when parents are unmarried or divorced. In Illinois, child support is calculated using a statutory formula. But what happens when a parent has children from multiple relationships? Will he or she pay child support to both of his or her exes? What if the child support payments become too expensive to afford?
The parent with the majority of the parenting time, formerly called the primary custodian, is the recipient of child support. The parent with less parenting time is the payer. The amount of money a parent pays in child support is calculated using the Income Shares Formula. This formula takes both parents’ net incomes into account. The parents’ net incomes are combined, and this total is compared to the Income Shares Schedule to determine the total amount of financial support the child will need from both parents. This figure is then divided between the parents based on their share of the combined net income. For example, if a father’s net income is 60 percent of the combined net income, he pays 60 percent. The mother would be responsible for the other 40 percent.
Driving a car is a skill that takes practice. Consequently, young people are more likely to be involved in car accidents than older people. Statistics show that teens aged 16-19 are at the greatest risk of being involved in an accident. In fact, teen drivers are three times as likely to be involved in a fatal wreck than drivers aged 20 years or older.
If your child has recently started driving, it is crucial to understand Illinois traffic laws. Traffic violations like speeding or texting while driving not only increase the risk of an accident, they can also lead to driver’s license suspension or even criminal charges.
Illinois uses a “Graduated Driver Licensing” Program in which teen drivers gain privileges the older they get. Drivers with an instruction permit must be supervised by an adult while they drive and comply with other restrictions. Violating any of the instruction permit rules can lead to a two-month suspension.
One of the most pressing issues in any divorce is the identification, valuation, and division of marital property. Some assets are easy to evaluate and distribute during divorce. Others require assistance from financial and legal professionals.
If you are a doctor with a private practice, you may question how your professional practice will be addressed during divorce. Many medical professionals assume that their practice is theirs alone. However, there are many situations where a medical practice is considered a marital asset to which both spouses are entitled. Even if the practice is considered a non-marital asset, the value of the practice is likely to influence several divorce issues, including property division, spousal support, and child support.
If you are like many doctors getting divorced, you may assume that your professional practice is exclusively your property. After all, the practice only has value because of your medical proficiency. However, per Illinois law, businesses and professional practices may be considered marital property jointly held by both spouses if:
Many people see shoplifting as a minor offense as compared to violent crimes. Stealing from a big box store may even be considered a “victimless crime” to those who commit retail theft. However, Illinois law does not take retail theft lightly. Individuals convicted of retail theft may face misdemeanor or felony charges. The severity of the charge and the associated criminal penalties are based on the value of the goods allegedly stolen and the defendant’s criminal history.
As retail theft becomes increasingly frequent, stores are ramping up their efforts to catch offenders and bring them to justice. Unfortunately, this sometimes means that the wrong person is accused of theft. If you or a loved one were charged with retail theft, contact a lawyer for help right away to start building a defense against the charges.
The term “shoplifting” often brings up images of someone shoving an item in a purse or jacket. However, retail theft can take many different forms. Recently, coordinated groups of people have been entering retail stores and stealing items en masse. Shoplifting can involve specialized tools and equipment designed to trick alarm systems. Switching price tags, not scanning items on the self-checkout register, and fraudulent returns may also lead to shoplifting charges.
A crucial aspect of the divorce process is the division of the couple's assets and debts. Divorcing spouses may need to address the marital home, vacation homes, bank accounts, retirement assets, investments, business interests, and much more. However, to discuss these issues practically, both spouses must fully disclose their income, property, financial resources, and liabilities. Lying about finances, undervaluing property, or failing to disclose assets are all forms of financial fraud that can impact a divorce considerably.
Spouses who want to shield money or property from division during the divorce may use several different methods to falsify financial information. Some fail to disclose offshore accounts, business interests, or other assets that the other spouse is unaware of. Others undervalue the worth of assets. For example, a spouse may buy an expensive piece of art but report that the art’s value is only a fraction of its true value.
Illinois law punishes violent offenses more harshly than non-violent offenses. A conviction for domestic battery can lead to criminal penalties including heavy fines and jail time. If you have been accused of harming a family or household member, you may be up against some serious charges. Your career, personal reputation, and very freedom may be on the line.
Domestic battery is defined as causing bodily harm or making physical contact of an insulting or provoking nature to a family member or household member. If the alleged offense is committed against a child or causes great bodily harm or disability, the offense may be considered aggravated battery. This is an elevated offense punishable by up to seven years in jail. The way you handle charges of battery or domestic battery can heavily influence the eventual outcome of the case.
Prenuptial agreements or premarital agreements are contracts that engaged couples draft prior to getting married. If you are engaged to be married, congratulations! As you embark on your married relationship, it is important to consider not only the romantic aspects of the union but also the financial consequences of getting married. Read on to learn about prenuptial agreements in Illinois.
More and more people are starting to understand the value of a prenuptial agreement or “prenup.” Modern couples realize that 40 to 50 percent of marriages do eventually end in divorce. Preparing for this possibility is crucial. Prenuptial agreements are increasingly popular in the millennial generation. Many young people want to protect their hard-earned assets and shield themselves from debts. Prenuptial agreements allow them to do this.
When parents get divorced, they must address important issues like parenting time schedules, the allocation of parental responsibilities, and child support. Parents are asked to formalize agreements about child custody and other child-related issues in their parenting plan. However, divorcing parents often struggle to reach agreements on these important matters. In cases such as these, the court may assign a guardian ad litem. Parents may also request a guardian ad litem (GAL) to be assigned to the case. Children cannot always advocate for their own interests. A GAL’s job is to learn the facts of the case and make a recommendation to the judge about the case’s outcome.
A guardian ad litem may be assigned to any case involving children. The GAL’s role is to represent the child’s best interests and provide the judge with first-hand knowledge and insight. Before a GAL can decide what is best for the child, he or she must thoroughly investigate the circumstances surrounding the case. The GAL may visit the parents’ respective homes and take note of any safety concerns. He or she may observe the child interacting with each parent and other family members look for signs of child abuse or neglect. The GAL may also conduct interviews with the child, the parents, teachers, daycare workers, and other individuals involved in the child’s life. School reports, medical records, police reports, and other records may also act as evidence in the GAL’s investigation.
Sex-based offenses are typically punished much more harshly than other types of criminal offenses in Illinois. Someone who is convicted of a sex crime such as sexual abuse, rape, or possession of child pornography may face significant jail time in addition to other criminal penalties. However, some of the most significant consequences of a sex crime conviction do not involve the criminal justice system. These consequences come in the form of irreparable damage to the offender’s reputation.
Being listed on the Illinois Sex Offender Registry can significantly impact your ability to gain employment and secure housing. It can devastate your personal and professional reputation. Understandably, many people accused of sex crimes wonder if they will have to register as a sex offender.
It is crucial to remember that being charged with a crime is not the same as being convicted of the crime. Being charged with an offense means that the state is formally accusing you of committing the crime. Fortunately, criminal defendants are considered innocent until proven guilty in the United States. The state must prove that you committed the offense “beyond a reasonable doubt” to convict you and require you to register as a sex offender. An experienced criminal defense attorney can help you build a strong defense against the charges. Your attorney will also help you understand whether it is better to accept a plea deal or take the case to trial.