Posted on March 21, 2019 in Family Law

Conflicts over the division of assets in a divorce are sometimes based more on emotional or sentimental value than on financial value, particularly when family heirlooms or gifts are involved. There can also be a dispute over whether an item qualifies as marital property that must be divided or not.

Under Illinois divorce law, most income earned and assets acquired during the marriage are considered marital property. However, per 750 ILCS 5/503(a), “property acquired by gift, legacy or descent” is non-marital property. Anything acquired in exchange for such property is also a non-marital asset.

To help clarify these rules, let us consider the following items and how they would be treated in a divorce:

An antique desk that your spouse inherited from a grandfather while you were married. Inherited assets that have not been commingled with marital assets are non-marital property, so your spouse would get to keep the desk. Suppose, though, that your spouse sold the desk for $3,000 and used it to make a down payment on a new family car, and you made payments on the car loan out of your joint checking account. Because the inheritance was commingled with marital assets, its value is now marital property. Your spouse cannot claim that $3,000 as non-marital property.

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 Posted on March 20, 2019 in Immigration

With the unsettled state of U.S. immigration law in recent years, many immigrants who apply for U.S. citizenship are also retaining citizenship in their former country of origin. This status is referred to as dual citizenship, and contrary to many people’s beliefs, it is possible for a person to hold more than one nationality at once, at least according to U.S. law. If you are looking to naturalize, it may actually be to your advantage to retain your old citizenship in addition to applying for U.S. citizenship status.

Why Keep Both?

In theory, one naturalizes to a new country because something in their old one is insufficient. However, given the potentially precarious state of the U.S. immigration system, as well as its ever-increasing wait times for naturalizations and green cards, it simply seems safer to many to refuse to give up their original nationality, if possible. Under U.S. law, it is not necessary for a new citizen to formally renounce their old country of citizenship; thus, many simply do not. The primary reason given by many, in addition to wanting a backup plan of sorts if the U.S. immigration system changes, is ease in traveling back and forth to maintain business relationships and see family.

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 Posted on March 18, 2019 in Personal Injury

Exercise is an activity that many people enjoy, not only for the health benefits but also for relief from the stress of everyday life. Nevertheless, it should be understood that, as with any physical activity, there is a risk of injury while working out at a gym. In most cases, the injury is due to overexertion – sprains, strains, pulled muscles, even broken bones. However, in some cases, the injury is more appropriately attributed to either an employee of the gym or to the gym itself, either a machine breakdown or an aspect of the physical building. If such an injury occurs, retaining the services of an attorney experienced in premises liability can be crucial to obtaining compensation for the costs associated with recovering from the injuries.

Recently, a Missouri jury found in favor of a gym and against an attorney who claimed that a weightlifting coach’s inadequate training caused her to suffer a herniated disc. If you have been injured at the gym, it is important to understand the various options available to you for recovering compensation.

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 Posted on March 14, 2019 in Family Law

Illinois child support payments are determined by the “income shares” method, meaning that each parent pays a portion of the child’s expenses based on their share of the parents’ combined net income.

When both spouses have stable annual salaries, this calculation is straightforward. But what if your or your spouse’s income fluctuates significantly from month to month or year to year?

Income fluctuations may be due to:

• A small business with an uneven or unpredictable income stream.
• A regular job that is supplemented with freelance work that comes and goes.
• A job that often involves overtime pay.
• An employment compensation plan that involves commissions or bonuses.
• A professional who has an ownership stake in their company which pays out a share of profits at the end of each year.

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 Posted on March 13, 2019 in Immigration

In today’s highly volatile political environment, it can be easy to encounter misinformation about immigrants and immigration law, but this can yield negative consequences, especially if you are an immigrant yourself. One of the most commonly confused issues nowadays is in discussing the difference between improper entry and unlawful presence in the country. One is a crime, while one is not, and misunderstandings on this score might imperil your ability to obtain immigration benefits in the future.

Unlawful Presence Is Not a Crime

In many situations, when the average person is complaining about “illegal immigrants,” they mean those who are present in the United States but are not authorized to be in the country. This is referred to as having or accumulating unlawful presence. It is important to understand that these people, and there are a significant amount of them, may possibly have committed crimes (for example, identity theft may occur when an undocumented person uses another person’s Social Security number so they can work) - but their simply being present in the U.S. is not one of them.

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 Posted on March 11, 2019 in Personal Injury

Being involved in an automobile accident is an overwhelming experience. Often, those involved suffer physical injuries, and it takes time and money to recover from them. Additionally, there is damage to the vehicle, which also costs money to fix. In the majority of automobile accidents, someone is at fault. Although the injured victim must bear these costs upfront, the possibility exists that he/she may be able to seek reimbursement from the person at fault. Retaining the services of an experienced personal injury attorney, and one especially versed in car accidents can be instrumental in receiving this reimbursement.

Part of this strategy is to determine whether expert witnesses should be used. Expert witnesses do provide a basis for establishing damages. Nevertheless, they are not appropriate in all situations, and the Illinois Supreme Court recently held that photographs of damage to automobiles which have been involved in an accident can be used at trial to combat a personal injury claim brought by an individual involved in the crash, without supplying expert analysis. In other words, a picture is worth a thousand words that an expert witness would provide in his/her opinion, and, as such, an expert witness is not necessary.

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 Posted on March 06, 2019 in Immigration

Rightly or wrongly, the current administration has chosen to detain the majority of asylum seekers and undocumented immigrants, as well as the occasional immigrant with status or U.S. citizen. If you or a loved one has been detained by Immigration & Customs Enforcement (ICE), it can be terrifying and confusing, as options to affect your release can seem nonexistent. However, there are things that you can do to improve your situation or to at least stabilize things.

Do Not Say or Sign Anything: Especially under this administration, the push to have immigrants sign away their legal status or admit to potentially damaging conduct is strong and persistent. You are not required to speak or sign anything, and any threat to you as a result of refusal is unlawful. You can ask for an attorney - the government is not required to provide one for you, but they must allow you to engage one yourself - and it is generally a good idea not to speak to ICE without an attorney present.

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 Posted on March 06, 2019 in Family Law

If you have young children and are divorcing a spouse who abuses drugs or alcohol, Illinois law provides a process for restricting an individual’s parenting time and parental responsibilities. Illinois law 750 ILCS 5/603.10 calls for a court hearing at which attorneys from both sides may present evidence.

In preparation for this hearing, you want to work with a skilled family lawyer to compile as much documentation as possible. Write down everything you remember about specific incidents that demonstrate your spouse’s issues. You may ask friends and family to write down their recollections of specific instances as well. If your spouse has ever been arrested for DUI, drug possession, or disorderly conduct, those police reports can be used to prove your case. Medical records showing stints in rehab or even bank records displaying frequent liquor store purchases could be helpful as well.

Illinois Court Orders to Protect Children

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 Posted on March 04, 2019 in Personal Injury

Sending a child to school should not entail concern about whether he/she will get injured. However, when accidents do happen that result in a child being injured, it is crucial to determine if the fault lies with the child or the school. In cases where the school holds responsibility, retaining the services of an experienced premises liability or personal injury attorney can help recoup some of the costs associated with recovering from any resulting injury.

One source notes the potential for some 300 lawsuits to be filed against the NCAA relating to concussion-like symptoms suffered by football players at colleges across the country. Although the source looks at liability at the college level, it nevertheless does bring up the general question of when a school can be liable for injuries suffered by its students.

Basis for Liability

In most cases, liability to the school will be based on either the legal theories of personal injury or premises liability. In both cases, an injured plaintiff, in order to be successful, will have to show that the school did not adhere to its responsibility to keep the student free of any dangerous conditions. In either case, if it can be shown that this dereliction of duty directly caused the injury to the student, the injured student may be able to hold the school liable.

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 Posted on February 27, 2019 in Immigration

A federal case out of California has interesting ramifications for the family and loved ones of immigrants - and quite possibly their attorneys! On December 4, 2018, the 9th Circuit overturned the convictions of one woman who was convicted of violating provisions of the Immigration & Nationality Act (INA) that made knowingly ‘encouraging’ or ‘inducing’ someone to enter the U.S. or remain in the U.S. without documentation a felony. The court held that the provision affected a range of free speech issues and was likely overbroad.

Relevant Provision Too Broad

The relevant section of the law states that it is unlawful to “encourage or induce” an alien to enter or reside in the U.S. without documentation if one is aware that their arrival/entry/residence in the country will be against the law. It was passed in 1985, during a revamping of the INA, and its initial intent was to punish alien smugglers and others who might try to suborn people into unlawful entry and residence, and any other malevolent actor who might try to convince aliens out of status to remain in the country when they ought to have departed.

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