Posted on August 16, 2016 in Immigration

In June 2016, the Supreme Court, still with only eight justices after the passing of Justice Antonin Scalia, issued a per curiam opinion affirming the ruling in U.S. v. Texas, which contested President Obama’s ambitious immigration plans. A per curiam opinion is an opinion issued in the name of the court, rather than any individual justice, and it effectively halts any expansion of Deferred Action for Child Arrivals (DACA) for the foreseeable future. Naturally, many are wondering what their options are after this ruling.

The Basis for Challenge

President Obama’s proposed program, referred to as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) or DACA+, would have conferred deferred action status on approximately five million undocumented immigrants if they met certain requirements, such as maintaining good moral character and having significant ties to the United States. Deferred action is defined as a choice to hold off on removing an individual, and it is essentially an accepted form of prosecutorial discretion.

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 Posted on August 16, 2016 in Family Law

According to the most recent statistics, around one-third of all marriages end in divorce. That means, for every 12 couples that marry, about four will eventually call it quits. Often, this process is one full of contention, but it also comes with the risk of future financial problems. Those at the highest risk are those marriages in which at least one party is not fully aware of (or does not participate in) the financial aspects of the marriage. That leads to the question of whether or not all couples should plan for divorce, long before they ever consider filing.

Arguments Over Money and Your Risk of Divorce

While the amount of money a couple has is often irrelevant to whether or not a marriage will eventually end, those show argue over it – how to spend it, invest it, or save it – have a much higher risk of divorce than those who do not. As a result, experts have encouraged couples to talk about money early on in their relationship, long before the marriage ever starts. No matter how you decide to handle it, one thing is clear: staying open and honest about money during your marriage may very well be your saving grace. Even if your marriage does end in divorce, the process itself is often easier because both parties know what is owned and what is not, and there are fewer issues to argue over in the divorce process.

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 Posted on August 09, 2016 in Family Law

Although people often use them interchangeably, divorce and legal separation are actually two different legal procedures. Each has its own set of advantages and disadvantages, and one does not need or rely upon the other. In fact, many couples legally separate and never divorce, and others divorce without ever going through a legal separation. Still not sure which is right for you? Start with the following information, which explains the differences, benefits, and drawbacks of both divorce and legal separation.

Divorce in Illinois

Divorce – or the dissolution of a marriage – is a legal process used to end (dissolve) a marriage. Parties equitably split their assets, determine allocation of parental responsibilities, parenting time, alimony, and/or child support, and they may remarry any time after the process is over. You do not have to live apart prior to filing, nor do you have to file for a legal separation before filing for divorce. However, you must fully understand that, once complete, the marriage is over. For some, this is too big of a step, and they may choose legal separation instead.

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 Posted on August 05, 2016 in Immigration

Sometimes, there are occasions when it is simply not possible to remain in the United States. The evidence of a legal violation is simply too high to explain away or rationalize. In those cases, it is always better to cut one’s losses, and this can often be done by taking advantage of voluntary departure if it is offered to you. Sometimes, however, voluntary departure is not the best option, so it is an advantage to understand its mechanics on an in-depth level to make an informed choice.

The Basics

Voluntary departure can be requested while you are in immigration proceedings, either directly before your Master Calendar hearing (the brief introductory hearing, where you first speak with an immigration judge) or at the end of proceedings. It is important to understand what voluntary departure actually entails, however; there are potentially severe penalties if you are granted voluntary departure and fail to actually leave.

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 Posted on August 04, 2016 in Personal Injury

Sharing the roadways with heavy tractor-trailers can be scary for many drivers. Their sheer size, enormous tires, and heavy loads monopolize the road and make lanes tighter for cars other passenger vehicles. They travel at the same speeds—and often faster—but their size makes them more likely to create a major hazard on the roads. With 924 truck fatalities in Illinois in 2014, mostly in urban areas, it is clear how much of a danger large trucks can be.

A common occurrence in a truck accident is when a truck “jack-knifes,” which occurs when the driver brakes suddenly and the trailer swings to a ninety-degree angle from the cab, creating an L-shape. The “swing” of the trailer as it moves, will swipe anything in its path, creating deadly consequences for anybody in those vehicles. If this has happened to you or your loved one, seek honest, experienced advice from a personal injury attorney to determine if you have a viable legal case to pursue.

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 Posted on August 02, 2016 in Family Law

Early studies on children of divorce found that divorce negatively impacted children in all sorts of ways. They struggled in school, found it difficult to adjust, suffered psychological problems long into adulthood, and often experienced issues in their own adult relationships. Divorce has changed a lot since then – it is more common, more socially acceptable, and it is far more likely that both parents will continue to be a part of the child’s life after the divorce. However, more recent studies have found that the effect of divorce on children has changed very little.

Possible Negative Effects of Divorce on Children

There is no shortage of studies on children of divorce. One published in Journal of Youth and Adolescence found that twice as many children from divorced families experienced a condition known as “destructive parentification” – a situation in which the child takes on parental responsibilities, possibly even caring for the parent themselves. The effect was found to be long-lasting, carrying into many of their adult lives. Many went on to experience anxiety or depression of their own and struggled with forming healthy romantic relationships.

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 Posted on August 01, 2016 in Personal Injury

While improvements in safety regulations on automobiles and car seats have become more stringent to protect children from injury and fatality during an auto accident, traffic fatality remains the leading cause of death among those under the age of 4. Even more concerning is that the number of child fatalities has slightly increased, going from 1,139 in 2011 to 1,168 in 2012. However, a recent study suggests that some of those deaths could be prevented if children were treated at designated pediatric trauma centers instead of general adult trauma centers.

Non-Pediatric Trauma Centers versus Pediatric Trauma Centers

Published in the Journal of Pediatric Surgery, the recent study examined medical data of 28,145 patients under the age of 18 injured in an automobile accident to determine the quality of care of those treated at general adult trauma centers against those treated at pediatric trauma centers. Overall, 21.4 percent received treatment at a combination pediatric and general adult trauma center, 58 percent received treatment at a general adult trauma center, and 19.9 percent received treatment at a pediatric trauma center. Their injuries included those to the head and neck (66.2 percent) and multiple injuries (42.7 percent).

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 Posted on July 27, 2016 in Family Law

Most couples realize that the divorce process is an emotionally and mentally taxing process. However, many underestimate just how financially complicated divorce can be. Then there are those who are at risk of losing money in their settlement because their spouse is deceptively hiding or dissolving marital assets. If you are planning on filing for divorce, prepare yourself for the complexities of dividing assets during divorce with the following tips.

Know What You Own

Before you can fairly divide your assets, you must first know what you own. This might seem obvious, but for those that have been in the dark about their day-to-day finances, uncovering their shared marital assets can seem like an overwhelming task. Do not despair! There are ways that you can track down finances and discover assets.

For the most obvious, easy to find information, such as a car or a home, contact the lender and find out how much is owed. If you and your spouse have a joint bank account,contact your financial institution to verify account information, such deposit amounts and withdrawals. To find information on retirement accounts, look at pay stubs or annual summary notifications. If you run into trouble accessing information, your attorney can help you track down information and pull assets into discovery.

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 Posted on July 26, 2016 in Immigration

During an election season, quite a lot of misinformation is passed around, with both good and bad intentions. Unfortunately, immigrants - especially newly arrived immigrants - are often misled by this, especially regarding their own rights with regard to participating in the process. It is imperative to set the story straight, especially when there can be serious consequences otherwise.

What Does The Law Say?

Many believe that immigrants who are lawfully present have the right to vote, and in a few locations, they do, such as Takoma Park in Maryland, but only in local elections. However, federal law has made non-citizen voting in federal elections unlawful since 1996. The rationale is that non-citizens should not be entitled to a voice upon subjects they are not affected by (because, in theory, non-citizens are not affected by issues like tax revenue, U.S. foreign policy or other issues they could simply return home to avoid). While this rationale is often insufficient in practice, the law is still upheld.

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 Posted on July 22, 2016 in Personal Injury

Driving on today’s roads can be treacherous. Many factors can contribute to accidents, injury, and death. Drivers can encounter distracted drivers, reckless cars and those who simply ignore the rules of the road and show their frustration at seemingly insignificant situations. With almost thirty thousand fatal car accidents in 2014, it is no wonder that we should all be concerned about how and where we drive especially at intersections, where people are t-boned and sideswiped frequently.

If you were involved in a car crash that occurred at an intersection due to another driver’s negligent actions contributed to the accident, obtain legal advice from an experienced personal injury attorney. In the event of an injury you may also be able to make a case for a financial settlement to assist you in your recovery.

Tricky Turns?

Many experts claim that burgeoning populations and older infrastructure in cities are contributing to the accidents as is extra technology and gadgets in cars. But unfortunately, while that may be true, driver personas are also a major factor.

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