Posted on July 28, 2017 in Family Law

Experts in divorce and money are saying that many couples are delaying divorce because they fear they will lose their insurance. Issues in Washington D.C. are only further compounding their concerns. Are you experiencing the same problem? You may have other options. Learn more about these options, including how to determine which one may be most appropriate for your situation, and how an attorney may be able to assist, with help from the following information on obtaining health insurance after a divorce.

COBRA Through a Spouse’s Employer

Those that currently have health insurance through their spouse’s employer may be eligible for COBRA insurance coverage for up to three years. The one issue to watch is if the Better Care Reconciliation Act; it could mean that those with pre-existing conditions will have a harder time finding insurance once COBRA runs out. Still, even if this does happen, divorcing parties may have other options by the time their COBRA coverage ends.

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 Posted on July 26, 2017 in Personal Injury

Statistics of texting while driving are consistently being thrown out into the public: one in four accidents are due to texting, texting is six times more likely to cause an accident than drunk driving, and 330,000 injuries are caused due to texting while driving. Those are just a few of the statistics put out by the National Safety Council and other prominent organizations.

Cell phone usage and driving do not mix, and the combination has become a national epidemic—one that lawmakers and law enforcement officers work tirelessly to combat. After an accident occurred, how can anyone know for sure that texting was the sole cause?

Texting Drivers Are Liable

In all 50 states, Illinois included, drivers have the requirement to uphold a standard duty of care while driving on the road. It is the responsibility of each driver to obey the rules of the road to ensure the safety of other drivers. Texting and other forms of distracted driving are a prime example of failure to uphold their duties, which is also known as negligence. When a driver is found negligent of his or her duties, he or she becomes responsible for the financial cost of all of the damages.

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 Posted on July 25, 2017 in Immigration

Since the passage of the Immigration Act of 1990, it has been in the purview of first the Attorney General, later the Secretary of Homeland Security, to grant Temporary Protected Status (TPS) to nationals of countries which have experienced significant natural disasters, ongoing armed conflicts, or other conditions that make it dangerous for nationals abroad to return home. As of this writing, there are 10 countries whose nationals receive TPS, but discussion in recent months has underlined the precarious nature of such a status. If you are under TPS now, it is critical that you understand how and when that status is granted and when it can be rescinded.

Requirements for TPS

Once the Secretary of Homeland Security has granted TPS to the nationals of a specific country, those people who are currently physically present in the United States may apply for benefits. However, mere physical presence is not sufficient to satisfy the requirements for status.

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 Posted on July 18, 2017 in Immigration

Despite the significant movement in the field of immigration law since the new administration has taken office, there are some factors that remain the same. One of those is the requirements to become a U.S. citizen—the same criteria exists as it has always been, at least as of this writing. If you are intending to apply for naturalization, it may be a good idea to do so in the near future, though refreshing yourself on what is required is recommended first.

Presence and Character Requirements

United States Citizenship & Immigration Services (USCIS) lists specific criteria that a person must meet in order to be considered for naturalization. Most of the time, that includes having been a lawful permanent resident, commonly called a green card holder, for a period of time (usually three or 5 years, depending on the circumstances), and being physically present in the country for at least 30 months out of that five-year span. Military service members may be able to apply for naturalization in a shorter period of time, depending on the nature and quality of their service, but that is the exception, rather than the rule.

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 Posted on July 18, 2017 in Personal Injury

More than 930,000 residents call DuPage County home, and anyone who has lived here for over a year understands the significance in fluctuation of weather patterns. Everything from sunshine to snow causes damage to buildings and other structures.Therefore, it is especially important that landlords repair damages as soon as possible to precent tenants from being injured, or even killed, in slip and fall accidents.

Potential Damage From a Slip and Fall

Slip and fall accidents occur when a person trips, slips, loses balance, or otherwise falls and an an injury results. Causes of slip and fall accidents may be due to any number of outside forces. Perhaps the paint on the concrete was wet with rain and therefore caused loss of traction. The sidewalk may have been cracked and caused one's foot to catch. Or, an object may have been in the walkway that was not appropriately flagged or otherwise signaled and caused tripping.

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 Posted on July 17, 2017 in Family Law

Although the adoption laws in Illinois are geared primarily toward children, the state also allows for adult adoptions. Much like child adoption, it offers the benefit of a legally binding parent-child relationship, just as if the adult had been biologically born to the adopting person. How exactly does this process work, and why should you consider it for your family? The following explains.

Why Adopt an Adult?

Adult adoptions in Illinois rare, but they offer numerous benefits to both the adopting individual and adopted adult. Deemed the legal “child” of the adopting “parent,” the adopted adult becomes eligible for any inheritance that may be left behind once the adopting parent passes. Adoption also ensures the child has legal rights to make medical decisions for the adopting parent, should they ever become incapacitated or otherwise incapable of making such decisions themselves. In situations involving an adult child with disabilities, adoption can also give legal rights to an adopting parent, which they may need to secure benefits for the adult child.

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 Posted on July 16, 2017 in Family Law

Although there are exceptions, most married couples fall under the same insurance plan. What happens, though, if the couple then goes through a divorce? Is each party then responsible for their own insurance, or is there a way to continue coverage on a spouse’s plan? Are there other alternatives for disadvantaged spouses who may not otherwise have insurance? The following offers some advice on how to manage your insurance plans after divorce, including when and how to find new insurance if you will no longer be covered after divorce.

Health Insurance After Divorce

If you were covered under your spouse’s insurance plan during the marriage, you can attempt to maintain coverage under your spouse’s workplace plan through COBRA. Unfortunately, this is rarely a cost effective method for maintaining insurance; you may be better off paying for private health insurance. Alternatively, you can seek insurance through your own employer, the health insurance plan marketplace, or you can apply for Medicare or Medicaid (depending on your age). Note that your children may still be covered under your spouse’s plan, but you may be required to help cover a portion of it.

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 Posted on July 13, 2017 in Personal Injury

Any dog can bite a person, and when one does, owners often respond by stating that their dog "has never behaved like this before.” Just like humans, dogs can have a “bad day,” be pushed to their limit, and lash out at even those they love most.

Nearly half of reported dog bites come from a family or neighbor dog—those who have live in close relation with a canine. Sadly, a large number of dog bite victims are children. All dogs have the proclivity to bite, regardless of temperament and past experiences.

Why Do Dogs Bite?

As humans, we have our words to explain to others when we do not feel well, if we are scared, or if we simply want to be left alone. Dogs do not have this luxury. Sure they can bark, yet how much can we understand from a bark? Yes, there are different pitches and inflections that enables dog owners to differentiate between “I want a treat” and “I want to go outside.” However, we mostly depend on body language. Unfortunately, too many people misread or fail to recognize these signals, and the dog uses the only other tool they have left—their mouth.

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 Posted on July 10, 2017 in Immigration

Sometimes, as hard as we fight, we fail to prevent deportation. There are a variety of reasons why your petition or appeal might have been declined, and if you exhaust all possible remedies, you will be removed. However, that does not necessarily end the story. Some admit defeat and resign themselves to building a life in their country of origin, despite not having any experience there since childhood. Others explore the options they have to return to the United States from their position outside. Whichever choice you decide, it is important to understand the odds of being able to return before a bar runs out.

Immigration Bars & Waivers

If you are deported from the United States, an immigration bar will be assessed against you, which can be a term of three, five, 10 or 20 years. It is important to understand, possibly above all else, that the expiration of an immigration bar on your record does not mean that you may simply walk back into the U.S. without any potential problems. It only means you may apply for permission to ask for a new visa or green card. The only way to get around an immigration bar is to apply for one of two types of waivers: first, if you are the spouse or child of a U.S. citizen or lawful permanent resident (green card holder) and your being barred from the U.S. would cause them (not you) exceptional and extremely unusual hardship.

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 Posted on July 07, 2017 in Family Law

Divorce is one of the more traumatizing events that a child can go through, but it does not have to be all bad. In fact, studies have shown that it is often the contention and stress of divorce that causes problems for kids, not necessarily the divorce itself. What does that mean, though, when it comes to your child?

It means that you, the parent, may be able to mitigate against the potentially damaging effects of divorce. All you need is a little know-how, a lot of support, and a willingness to keep your child’s needs front and center throughout the divorce process. The following information provides details on the first element, and it explains where you can find assistance with the rest.

Infants and Divorce

Though babies do not typically understand what is happening to their family, or why, they are sensitive to the stress of divorce – especially if there is a lot of contention, arguing, or a significant change in their schedules. Symptoms of that stress can include everything from clinginess and emotional outbursts to regression and developmental delays. Parents can mitigate against it by maintaining a consistent schedule (or as close to normal as possible), and by ensuring that arguments are not taking place in front of or around the child. Parents are also encouraged to de-stress regularly to avoid stressing their child.

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