Recent Blog Posts
How Are Collectibles Divided in an Illinois Divorce?
One of the more complex parts of the divorce process is called property division or asset division. This is when spouses divide marital property between themselves. Marital property, as defined by Illinois law, refers to possessions that were acquired by either spouse during the marriage. With some exceptions, these possessions are considered marital property and belong to both spouses.
Property division becomes more complicated if certain assets are involved. Collectibles and antiques, for example, are not so easy to divide. For one thing, their value may have increased over the years since they were purchased. For another, they cannot be physically divided any more than real estate property can.
If you have expensive antiques or collectibles that need to be divided, contact an Illinois property division attorney who can help make sure they are valued and divided fairly. This article will discuss how that is done.
What to Do When an Uninsured Motorist Crashes Into You
Being involved in a car accident is stressful enough as it is, but it can be even more distressing if you discover that the other driver is uninsured. In Illinois, drivers are required to have auto insurance to cover damages in the event of an accident. However, accidents involving uninsured motorists do occur, leaving victims concerned that they will need to cover all accident-related expenses on their own. If this has happened to you, speak with an experienced Bloomingdale, IL personal injury attorney who can explain your options and help you navigate the process of recovering damages.
How Does Uninsured Motorist Coverage Work?
Uninsured motorist coverage (UM) is designed to protect people who are involved in accidents with drivers who do not have insurance. This coverage typically helps pay for medical costs, any lost income, and other damages resulting from the accident. UM coverage is optional in Illinois, but many insurance policies automatically include it unless the policyholder specifically opts out.
New Protections May Be Available for Some Undocumented Immigrants
Recently, the Biden administration introduced new policies that are meant to provide a pathway to legal status for certain undocumented immigrants who are currently living in the United States. These policies focus on creating opportunities for undocumented spouses of U.S. citizens and immigrants who came to the U.S. as children. People who may be affected by these policies will need to understand the steps they can take to achieve legal status in the United States and avoid issues such as deportation. An experienced attorney with a strong understanding of immigration law provides guidance for immigrants and helps them complete their legal requirements to receive visas or Green Cards.
Green Cards for Undocumented Spouses of U.S. Citizens
Spouses of U.S. citizens who are undocumented immigrants will now have a clearer path to obtaining a Green Card, which will grant lawful permanent residence in the United States. To be eligible, the undocumented spouse must be legally married to a U.S. citizen, and they must have resided in the United States for at least 10 years.
3 Things to Include in an Illinois Parenting Plan
Life after divorce is very different than it is during marriage. For this reason, people who get divorced prepare for post-divorce life in their own ways. Spouses are free to make their own arrangements on issues like alimony or how to divide marital property.
But there is one preparation that Illinois law wants to make sure is done thoroughly, and that is parenting a child after divorce. Parents who file for divorce are therefore required to submit a parenting plan to the court. A parenting plan is a document that explains in detail how you and your spouse plan to parent the child after the marriage ends. It is a legally binding document that must be approved by the court, so it is best drafted by an Illinois parenting plan attorney.
Here are three things to include in an Illinois parenting plan.
Parenting Time
Parenting time is how Illinois law refers to physical custody of the child. One of the most important elements of a parenting plan is details about how the parents will manage parenting time. This includes:
Proving the At-Fault Driver Was Texting
Distracted driving, particularly texting while driving, is a leading cause of accidents. If you have been involved in an accident and suspect the other driver was texting, gathering evidence to support your claim is important. An Illinois lawyer can help you put together your proof properly.
Obtain and Carefully Review the Police Report
The police report is a critical piece of evidence in any accident case. It contains vital information about the accident, including the location, time, date, parties involved, and the responding officer’s observations. When reviewing the police report, pay close attention to any mentions of distracted driving or cell phone use. If the officer noted that the other driver was seen using their phone, this could be valuable evidence in your case. Request a copy of the police report as soon as possible after the accident and review it thoroughly with your attorney.
Do I Qualify for an Employment-Based Permanent Resident Visa?
Simply having a job in the United States is not enough to qualify you for an adjustment of status based on your employment. A lot of immigrants with visas work, but not all can obtain permanent residency using an employment-based visa. Getting your status adjusted based on your employment requires your employer’s cooperation. The company you work for will need to help you apply, and this can be a tedious process that not all employers are willing to go through. You also need to meet other requirements that may not be easy to prove. If you are seeking an adjustment of status based on your work, you need a highly skilled DuPage County, IL immigration attorney.
The Basic Requirements for Getting an Employment-Based Green Card
You must be able to meet these basic requirements to be eligible for an employment-based adjustment of status:
When Falling Cargo Causes Injuries
Trucks can present countless dangers on the road. Whether the driver is negligent and crashes into someone, the engine parts are faulty and do not respond quickly enough to the brakes, or something the truck is transporting falls off the truck, the potential damage from an accident can be staggering. When a regular driver is minding his own business and suddenly a huge object crashes into his windshield, it can be extremely damaging and even fatal. Unfortunately, that is what happens when cargo is not properly secured onto a truck, and it is a major problem on the roads. If you were injured as a result of falling cargo from a truck, speak with a skilled Naperville, IL truck accident attorney who can review your case and advise you on how to seek maximum compensation.
What Makes Cargo Fall From a Truck?
Trucks carry cargo that is supposed to be secured with restraints like chains or straps so that it all stays in place while on the road. If something is not properly secured, it can shift inside the truck, causing it to swerve and possibly hit a nearby car. It could also fall out of the truck, creating an obstacle on the road for other vehicles.
Getting a Scholarship Through the Illinois DREAM Act
The Illinois DREAM Act is designed to help children of immigrants obtain higher education, even if they are undocumented. Receiving a scholarship and being able to start college can help you begin building a better life. Although the Illinois DREAM Act does not offer a path to citizenship, being a college student or a college graduate may eventually help you as you pursue legal residency. You should be aware that Illinois’ DREAM Act is different than the federal DREAM Act, which offers a path to citizenship for certain undocumented young people who entered the country as children. Many young adults and high school-aged minors residing in Illinois will qualify for some benefits under both. A DuPage County, IL immigration lawyer can help you apply for a DREAM Act scholarship.
How the Illinois DREAM Act Works
Any immigrant youth, regardless of status, can receive benefits under the Illinois DREAM Act. There are two ways the act can help immigrant students - you can receive a scholarship or participate in a college savings program, and you can get a driver’s certificate. A driver’s certificate is not the same as a driver’s license, but it can allow you to legally drive a vehicle in the state of Illinois.
Can I Sue My Spouse in a Collaborative Divorce?
Fighting a divorce out in court — also known as litigation — can be costly and emotionally taxing. That is why litigation is usually a last resort in divorces. When a couple files for divorce and cannot agree on certain issues, the court will often order the parties to attend alternative dispute resolution, such as mediation.
Another form of alternative dispute resolution is collaborative law. A collaborative divorce is a private divorce process in which the spouses hire a team led by an attorney to work out the issues they disagree on. Depending on what those issues are, your team may consist of:
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A child specialist
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A divorce coach
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A forensic accountant
The goal is to reach a settlement out of court so that the divorce can be finalized by a judge.
How Does Collaborative Divorce Work?
In a collaborative divorce, your attorney works with your spouse’s attorney to negotiate a settlement. They have a series of meetings in which they try to work out the different issues and protect the interests of their respective clients. When necessary, the lawyer will bring in team members to assist. Unlike the attorneys, the team specialists are neutral parties.
Preparing for the Naturalization Test
People who are preparing to take the naturalization test required to become a U.S. citizen are often very anxious about passing. It is quite normal to feel worried, as this is likely the most high-stakes exam you will ever take. Students are often very anxious about taking tests that come with far less serious repercussions should they fail. While the naturalization test may not be easy, it is designed so that most people who make an effort to study will be able to pass. There are classes you can take to help you prepare, or you can study independently using an online guide published by the federal government. A Lombard, IL immigration lawyer can help you determine whether you are ready to take the test.
How Many Questions Are on the Naturalization Test?
On test day, you will only have to answer ten total questions. You must get six of the answers right in order to pass. There are 100 possible questions you could be asked. It is best to study all 100 questions and answers you might need to know so that you are well-prepared.