Posted on July 09, 2014 in Family Law

Child Custody

The Illinois Marriage and Dissolution of Marriage Act is the law that governs how child custody is determined in Illinois. When we think of the word “custody,” we sometimes view it in terms of the time spent with a child regardless of whether the courts award joint or sole custody. However, custody in Illinois actually has to do with determining which parent has the decision-making power over the child. The length of time a parent spends with the child is not the focus of the determination.

Types of Custody 

There are two types of custody in Illinois: sole custody and joint custody.

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 Posted on July 08, 2014 in Personal Injury

Car accidents can happen at any time, and for any number of reasons. While even the most seasoned driver can make a mistake and be involved in an accident, it is undeniable that young people are often involved in car accidents at a high higher rate.

Not only do teens and other young people lack driving experience, they also do not possess the life experience to appreciate that accidents can and do happen, and that dangerous driving behavior greatly increases that risk.

A New Study

The results of a study recently found that stricter laws and increased punishment for irresponsible driving behaviors, such as extreme speeding and aggressive driving, are likely to greatly reduce the number of related injuries and deaths that would occur to young male drivers.

Researchers involved in the study looked at the impact that such new laws had in Ontario, Canada in the fall of 2007. According to the new laws, drivers who travel at a rate of speed more than 31 miles per hour over the posted speed limit, and are pulled over or caught racing or participating in other types of dangerous driving behavior, face having their license suspended immediately. They also face having their car impounded for seven days.

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 Posted on July 02, 2014 in Immigration

Many people who apply for visas or achieve immigration status in the U.S. do not realize that it is not necessarily permanent. Even green cards can be revoked if the holder is found to have committed a crime of moral turpitude. However, the definition of that term is murky. It is important to have a good attorney who can help you navigate the confusing maze of terms and paperwork.

Crimes of Moral Turpitude

A crime of moral turpitude (CMT) has been defined as a “depraved or immoral act.” More narrowly, it has been defined as a crime involving force, deception or theft; something morally reprehensible, as well as against the law. Examples of CMTs include rape, murder, felony assault, robbery, fraud and forgery, though this list is not exhaustive.

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 Posted on July 02, 2014 in Family Law

Money and Marriage

Researchers who study marriage dynamics and the causes of divorce have focused most of their efforts on studying the effects that physical or emotional cheating have on a marriage. However, until recently, very little research had been done to study the effects that “financial infidelity” had on relationships. Financial infidelity occurs when one partner hides what he or she does with his or her money from the other partner. It could take the form of spending money behind the partner’s back, maintaining separate credit cards or secret accounts, stashing away money, or borrowing from others without the partner’s knowledge.

Research Studies

According to a National Endowment for Financial Education (NEFE) study conducted by Harris Poll in January 2014, one-third admitted to financial infidelity. Most notably, however, was that 76 percent of those adults said the infidelity had an effect on the relationship.

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 Posted on July 02, 2014 in Personal Injury

Not Paying Attention

Officers are planning on aggressively issuing tickets to anyone who they discover is not paying proper attention to the road. It is an overall safety approach that will equally apply to all drivers they observe on the roadways. Their aim is to get drivers and others to focus on the streets. As a result, they will also be on the lookout for pedestrians who are not paying attention to where they are walking, since this can easily contribute to an accident and a dangerous situation.

One of the main infractions police will be looking for is handheld cell phone use including texting, which has specifically been against the law in Illinois since 2011; additionally in 2014 a law went into effect that made any handheld cell phone use illegal. There are many other acts that would constitute violations resulting in the enforcement of a penalty for distracted driving. Any action that diverts a driver's attention from the road is included. Other traffic offenses, such as seat belt violations and speeding, will also be closely monitored and ticketed when appropriate.

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 Posted on June 28, 2014 in Personal Injury

Now that the school year has ended, many teens will likely participate in celebrations centered around graduations and summer vacation. These celebratory events often mean fun times with friends, but can unfortunately turn bad in an instant. It is important to note that teens with initial driver's licenses are required to abide by certain state laws in order to be in compliance with certain restrictions placed on such licenses. In addition, parental involvement and the supervision of others in positions of authority go a long way in monitoring teen's behavior and ensuring their safety.

Common Causes of Teen Driving Accidents

While it is true that any number of factors can lead to an accident, teens are generally more at risk of being involved in a crash than the average adult. They are obviously more inexperienced behind the wheel, but often teens choose to partake in other activities while driving that put them at a greater risk of having an accident. Such activities include cell phone use while driving, other forms of distracted driving, having too many passengers in the car, speeding, and drinking and driving, just to name a few.

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 Posted on June 27, 2014 in Immigration

Removal proceedings are one of the most terrifying situations a person can experience, especially if you have family and friends in the United States. If your visa is expired or if you find yourself otherwise ineligible to stay in the U.S., there are steps you can take to make your life easier, even if you cannot stay in the country. Sometimes, your attorney may advise you to accept voluntary departure, to make things easier at a later date.

Voluntary departure is a process in which a foreign national voluntarily leaves the country, either without an order of removal being issued at all, or, if given the option, before a final order of removal is issued. It is an option for those who are appearing before an immigration judge, and do not think they will win the right to stay in the United States.

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 Posted on June 27, 2014 in Family Law

Say the word "prenup" and many will immediately shudder. At best, it seems a tool for the rich and famous. At worst, it conjures images of a disposable marriage. The truth is neither. Prenups are for people with assets of any kind. Getting one only means that you are thinking about your future, and not necessarily thinking that your marriage will fail.

What is a Prenuptial Agreement?

Prenuptial agreements (also known as antenuptial agreements) are simply contracts made between two people before they marry. The agreement memorializes what will happen if the couple divorces or if one spouse dies before the other.

What Are the Requirements for Forming a Valid Prenuptial Agreement?

Illinois law allows married persons to enter into contracts with each other. This law sets the legal foundation for prenuptial agreements. If you look at the statute, you will notice that it is remarkably brief. It allows couples to create prenups. However, it does not say what the prenup can or cannot look like.

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 Posted on June 26, 2014 in Personal Injury

Summer means vacations for many families across the nation, and Illinois certainly is no exception. Some may plan trips to visit friends or family while others head to a beach or a lake. No matter the destination, summer months will certainly be seeing an increase of traffic on the roadways. Any road travel comes with the risk of an accident, but that risk is likely to increase with more vehicles on the road. While drivers cannot always control other's actions, they can take steps to ensure their careful attention to the road while driving.

Safety Tips

No matter how near or far drivers travel this summer, it is important to follow proper safety precautions while operating a vehicle in order to avoid a possible accident. Some safety tips for drivers to keep in mind this summer include the following:

1. Maintain the safety of your vehicle. This includes everything from having your vehicle properly inspected and checked before heading out on the road, to packing the car in a responsible way to avoid blind spots and decreased visibility.

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 Posted on June 20, 2014 in Immigration

Sometimes an employer, especially in a highly specialized industry, needs to bring in a worker from outside the United States. One might think the worker would need to apply for a work visa on their own, but this is not the case. There is a specific type of visa that allows employers to sponsor skilled foreign nationals to come to the United States and work for them. Employer sponsored visas are becoming more and more common.

About 140,000 visas are available each year for skilled workers that can get sponsorship from employers. Once an employer gets a labor certification for that worker, they must file an I-140, a Petition for Alien Worker. This must be done in the appropriate employment category, of which there are five. The categories are:

• EB-1, or First Preference category. There are three subcategories: persons with extraordinary ability (for example, a Nobel Peace Prize winner or Olympic medalist), outstanding professors and researchers, and multinational managers or executives. Persons of extraordinary ability will file their own I-140s, and do not have to have specific job offers, as long as they are continuing to work within their field of achievement. The other two subcategories do need a job offer, and will have their employers file their I-140s. Specific criteria must be met for a worker to be granted an EB-1.

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