Recent Blog Posts
Married in One State Means Married in all; Same with Divorce
Divorce is a headache. Like in all legal matters, you can choose to represent yourself. This will save on lawyer’s fees and you will have more control over your case’s strategy. Most people going into divorce are doing it for the first time though, and hopefully will never do it again. This lack of experience can lead to serious pitfalls, which an experienced Illinois family law attorney knows to avoid.
Assuming you hire an attorney to represent you in your divorce, you may still be in for a headache. The process could take months or years, and you will likely disagree with your ex about a number of things. The uncertainty and confusion can be daunting. What can be even more confusing is issues of jurisdiction. To put it another way, do you know if it is even possible for you to get a divorce in Illinois? And, if so, will it be valid everywhere?
Divorce and the Constitution
Worker Injured in Construction Zone in Illinois
Earlier this month, KFVS12 reported on an accident that occurred in a construction zone. The crash, which happened on Illinois Route 14 and Hamilton County Road 1575E, injured a worker that was working in the area on December 4th. The construction worker was sent to the hospital as a result of his injuries, and may be able to receive workers' compensation.
As stated by Illinois State Police, the injured worker was seated in his stopped truck while working in the marked construction zone, and had the vehicle's hazard lights flashing at the time of the accident. State Police say the driver hit the rear of the worker's truck with her sport utility vehicle. Another construction worker, who was standing on the running board of the truck, was forced to jump off in order to avoid being involved in the accident himself.
2014: New Year, New Traffic Law in Illinois
It is reasonable to say that the vast majority of adults and teenagers are aware of the dangers of texting and driving, and have heard at least one unfortunate account involving the negative consequences of using a cell phone while behind the wheel of a car. In light of this, it is perhaps not surprising that the legislature has stepped in to address this issue. Beginning on January 1st, 2014, it will be illegal to use cell phones while driving in the state of Illinois.
The Crystal Lake Patch reported on the new law in a recently published article. The ban on cell phone use will include the use of all other communication devices, and will consist of talking on the device or using it for another purpose. However, it should be noted that, according to the Illinois General Assembly website, the law does contain the following exceptions, among others:
Fight for Same-Sex Marriage Includes Fight for Same-Sex Divorce
With Governor Pat Quinn’s signature on November 20th, Illinois is now the 16th state in the US to recognize same-sex marriage. This means that on both a state and Federal level, same-sex marriage has the same rights, responsibilities, and guarantees as a marriage between a man and a woman. It also means that same-sex couples can dissolve their marriages with the same amount of stress and uncertainty as different-sex couples. But while the fight for equal rights to marriage is the most visible, the fight for equal rights to divorce is part of that struggle. And for couples in any of the states that do not recognize same-sex marriage, the fight goes on.
Mississippi Denies Divorce to Same-Sex Couple
Associated Press is reporting that Lauren Beth Czekala-Chatham was denied a divorce from her spouse of 4 years because the state in which she filed, Mississippi, does not recognize same-sex marriage. Lauren and her spouse, Dana Ann Melancon, traveled to California to get married in 2008. While they are married in the eyes of California, the many states that recognize gay marriage, and the Federal government, they were never married according to Mississippi.
Minor Girl Charged with Murder after Illinois Car Crash
Four youths were involved in a car crash in Olympia Fields that claimed the life of a 12-year-old boy the day after Thanksgiving, as reported by The chtribune. The driver, who is 13 years old, and the two other youth passenger were hospitalized, and have since been released having suffered only minor injuries. The police believe both speed and the driver's inexperience were factors in the crash, in which the car hit a tree. Police declined to release any further details on the accident.
Although the minimum age required to obtain a driver's license in the state of Illinois is 16 years old, all of the occupants of the vehicle were under 16. Their specific ages and any further identifying information was not released by police since they are all minors.
Almani Creamer was in the back seat, reportedly wearing his seatbelt when the car crashed. His mother was notified by police that her son was injured in a car accident, but she did not learn of his death until she reached St. James Hospital. He was supposed to spend the day at home as punishment for missing school assignments. His mother was aware he left the house because of a security feature she had installed on her cell phone, and had expected to scold him and take him home when she originally learned of the accident. She began her own investigation into her son's death on Thanksgiving.
What If My Car Accident Was Partly My Fault?
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Drinking and Your Marriage
With the holidays just around the corner, people’s thoughts are turning to celebration. No matter what religious or secular holidays are observed, there will likely be a feast, with the consumption of wine, beer, and other spirits as an inevitable part of the events. And, while most adults can enjoy drinking in moderation, some will have a hard time knowing their limits, crossing the line into an embarrassing form of inebriation.
But what does alcohol mean for marriage? If one spouse binges, is this an early indicator of divorce? Drinking is also responsible for many instances of domestic violence, right? As it turns out, the conventional wisdom surrounding alcohol use and abuse largely distorts the truth.
Drinking and Divorce? It Depends on Whether You Share
Many people view alcohol as a social ill that rips families apart. One of the main reasons given for the temperance movement that led up to Prohibition was protection of the family. It seems, however, that alcohol consumption alone is not as destructive on marriages as previously thought.
Winter Weather Makes for Hazardous Driving Conditions
Although the calendar says December 21st will mark the beginning of winter, the weather early this month is proving otherwise. NBC recently reported about the winter storm that has been causing unsafe traveling conditions across the country, and the dangerous consequences of traveling in the winter weather.
In the Northeast, a storm of ice and snow caused power outages, flight cancellations, and car accidents on early in December. Many of the East Coast's major cities were hit hard, and were expected to experience another storm on just two days later.
The winter weather that hit the East Coast came from Texas and the Mid-South, where events including marathons and holiday celebrations were cancelled due to inclement weather. Over 22,000 residences in the Dallas area lost power.
Making a Case for Medical Malpractice
Most individuals look to their physicians for solutions when it comes to matters of their health. Whether it is a chronic condition, a common cold, or something with life-threatening consequences, we place trust in our doctors to use their best judgment, exercise diligent care, and impart wise medical advice. Unfortunately, not every physician lives up to our expectations. Sometimes, their failure to do so is the basis for legal action.
Some cases of medical malpractice are pretty clear cut. Most people have heard the astonishing stories of surgical tools being left inside patients. But many other cases of medical malpractice are less obvious and require more proof. In order to have a successful case against a doctor for medical malpractice, a plaintiff must prove that the physician deviated from an accepted standard of medical care as established in their community, and that this deviation caused injury or death.
Illinois Divorce: Is Collaborative Divorce an Option?
The good news is that Americans are staying married longer after decades of reported increases. According to the recent Census report, newlyweds married during the '90s are faring better than their counterparts who tied the knot in the '80s. Seventy-five percent of couples married in the latter decade are reaching their 10 year anniversaries, up three percent from those who celebrated their nuptials during the previous decade. The bad news still remains that one out of every two marriages in the United States will ultimately end in divorce.
If you and your spouse find yourselves part of the 50 percent considering divorce, a collaborative divorce may be an alternative option to the traditional legal process. Although collaborative law has been around since the 1990s, it is still a fairly new concept.
Born in Minneapolis, collaborative law defines divorce as a personal issue that includes legalities. This voluntary and contractual process provides all involved the opportunity to reach an amicable agreement on all outstanding issues outside of the traditional court system but if at any time the negotiations reach a stalemate, each collaborative attorney will excuse themselves and refer each individual to a litigation attorney. The case then proceeds to the traditional court for a final and binding divorce decree.