Posted on February 29, 2016 in Family Law

Illinois Senate Bill 57, which went into effect on January 1, 2016, made a number of substantial changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), including grounds for divorce and the waiting period for divorce. Couples planning to pursue a dissolution of marriage should understand these new changes and how they may affect proceedings.

Grounds for Divorce Limited to No-Fault

Prior to the recently implemented bill, parties could file for divorce on a wide range of marital issues, including adultery, desertion or willful absence, infertility, transmission of sexually transmitted disease, domestic abuse, extreme cruelty, drunkenness, drug addiction, felony conviction, and bigamy. Now, only no-fault divorce – otherwise known as "irretrievable breakdown of the marriage" – exists.

The goal is to reduce the drawn-out arguments, defensiveness, and intentional stabs within divorce court that only further perpetuate the negative emotions experienced by both parties. It also seeks to resolve matters in a healthier way for couples by removing reasons that are unproductive in nature. This can be especially beneficial for families that include children who are often negatively affected by feuding parents.

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 Posted on February 26, 2016 in Immigration

It is not uncommon for lawful permanent residents (LPRs, or ‘green card’ holders) of the United States to sometimes forget they do not enjoy all the rights of citizenship. While most of the time, the restrictions on LPRs are minimal, there are times when they do directly interfere with plans that a U.S. citizen would have no trouble executing. Traveling is one of the most common instances of potential problems. LPRs planning travel need to be aware that there are rules they must obey, lest they be refused re-entry afterward.

Short Trips & Vacations

If an LPR wants to take a brief trip abroad, for pleasure or to visit family, he or she can generally do so with minimal hassle. He or she simply needs to ensure that all the requisite documents are acquired to return—namely, an unexpired green card and any identifying documents the U.S. Customs & Border Patrol may request—for example, a copy of a marriage certificate if you have changed your name since obtaining permanent resident status.

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 Posted on February 26, 2016 in Family Law

Senate Bill 57 has significantly altered the laws and statutes of the Illinois Marriage and Dissolution Act (IMDMA), including those that govern how child support and spousal maintenance are handled during divorce proceedings. Accurate information on these changes may be especially important for divorcing couples that have limited earning potential or excessive amounts of debt, or for those that have mentally or physically disabled children.

Changes to Illinois Spousal Maintenance Laws

Although it is extremely unlikely that every divorce action will include a provision for spousal maintenance, the changes brought about by Senate Bill 57 (effective January 1, 2016) have significantly altered how courts decide when to award spousal support. Now, financial obligations that have emerged from the divorce, along with realistic present and future earning potential are considered.

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 Posted on February 25, 2016 in Personal Injury

Family pets are treasured companions and, for the most part, are lovable, caring family members. However, according to American Society for the Prevention of Cruelty to Animals (ASPCA), aggression is the “most common and most serious behavior problem in dogs.”

Approximately 4.5 million dog bites occur each year in the United States. The average cost of a dog bite-related hospital stay is $18,200, which is 50 percent higher than the average injury-related hospital stay. The rate of dog bite-related injuries is highest for those aged 5 to 9-years-old. Moreover, children are more likely than adults to receive medical attention for dog bites.

Reasons Dogs Bite and the Repeat Offenders

Certain dog breeds have gained the reputation of having the susceptibility to lash out unexpectedly—common offenders usually include pit bulls and rottweilers. Still, Canine Journal notes that any dog can bite if “the conditions are right, no matter how well-bred, well-trained, or well-loved they may be.” Hence it is important to be aware of breed tendencies and general stressors. Aggressive behaviors generally begin with warnings and can lead to an attack. A dog that shows aggression to people usually exhibits increasingly intense behaviors including:

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 Posted on February 18, 2016 in Personal Injury

Winter is upon us and so is the time for hazardous conditions related to the weather. Rain events and snow storms are regional concerns and so is the risk that people will slip and fall on icy underfoot conditions.

In the United States, total injuries due to falls are estimated at $13-14 million per year. Moreover, falls are the number one cause of accidental injury, and resulted in 20.8 percent of all emergency room visits in 1995.

Contracting for plowing services may seem adequate for business owners; however, they are not. Proper treatment of walkways, driveways, and crosswalks is imperative.

Slip and Fall Prevention

Property owners are legally responsible for keeping their premises reasonably safe. However, if they do not, there may be consequences resulting in serious injuries. Therefore, building owners should formulate a plan to inspect their property and surrounding areas frequented by pedestrians. Regular monitoring is crucial to identifying any hazardous conditions and making swift repairs. Examples of maintenance plans to help improve safety include:

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 Posted on February 18, 2016 in Immigration

Contrary to popular belief, undocumented immigrants do have rights even when before an immigration judge, though they have fewer than a U.S. citizen would. If you are in removal proceedings or have been given a Notice to Appear, you may be able to successfully defend yourself from deportation on one of any number of grounds.

Contesting Removability and Filing for Relief

As a general rule, it is a good idea to never openly concede removability, especially not on the record at an immigration hearing. If you admit that you are removable from the U.S., then United States Citizenship & Immigration Services (USCIS) does not have to prove anything, and you will have essentially done their work for them. However, this does not mean that you should lie. Lying can be seen as evidence of bad character, and a judge is very unlikely to grant relief or other requests if you acquire a reputation as a liar.

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 Posted on February 16, 2016 in Family Law

At first glance, the rules to collecting Social Security from your spouse's retirement fund might seem straightforward. Requirements state that if you stay married for ten years, you will be entitled to a portion of those benefits. But do those years have to be consecutive? Or can you collect for partial years? What if your spouse dies? Can you collect benefits then? If so, how much and under what circumstances?

If you are nearing retirement age and planning a divorce (or if your contribution to Social Security has been substantially lower than your spouse's over the last several years), you may wish to consider your retirement options, including how Social Security may or may not factor in. At the very least, this knowledge can assist you in developing a long-term financial plan before and during your divorce.

The Ten Year Rule

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 Posted on February 11, 2016 in Personal Injury

The bustling metropolis of a big city can bring about many dangers, including those that come from walking the streets around apartment buildings and living inside those buildings. Aging structures and the sheer volumes of premises that need regular inspections are cause for concern.

Building code violations can occur more frequently than you think. The next time you step into an elevator, flick on a light switch, or stand out on a balcony, think twice about your safety as you have put faith in the assumption that the building is up to code and has been inspected fully on a regular basis.

Types of Violations

Premise liability exists when an individual is injured or a wrongful death occurs due to a circumstance present in a commercial or residential building. If there was a failure in safety standards that lead to an injury, the premise owner may be held accountable. Typical violations are most commonly seen in the form of the following:

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 Posted on February 11, 2016 in Immigration

It is extremely common for a non-citizen to come into the United States on one type of visa, and then seek to adjust status to another. One of the most common visa types for this is the F-1, designed for students. Students find employment, get engaged, and experience other life events that necessitate a change of status.

Can I Adjust Status in the U.S.?

Not everyone may adjust their status while remaining in the United States, though most can. People who hold certain entry permits must return to their home country before adjusting—for example, those on the visa waiver program, or those holding transit visas. J1 and M1 holders (foreign exchange visitors and vocational students, respectively) may adjust to certain other statuses, but not others.

F1 visa holders, and most other nonimmigrant visa holders, may adjust status while still in the United States, and they most often do so either via family-based immigration or with an employer’s assistance. Generally, if one was lawfully admitted to the country under an appropriate status, and that status is still valid, you may apply to adjust via an I-130 petition submitted by your citizen relative (a parent, spouse or adult child).

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 Posted on February 05, 2016 in Immigration

Depending on our backgrounds, we tend to think of U.S. citizenship either as something we worked hard to attain or as something to take for granted. Either way, we do not like to think that citizenship is something that can be lost, and yet it is. The circumstances do not occur routinely, but it is very possible that you may do or not do something that can make it inappropriate for you to continue to have U.S. citizenship.

Constitutional Provisions

The Constitution, while not doing so explicitly, has been held to bar involuntarily stripping a U.S. citizen of that citizenship. Case law is solidly on the side of the individual, with the landmark case being Afroyim v. Rusk (1967), where the Supreme Court held that it was a Fourteenth Amendment violation to strip someone of their citizenship. Essentially, Afroyim held that the only way for a U.S. citizen to lose his or her citizenship is to engage in a behavior that either renounces citizenship, or can be reasonably believed to renounce it.

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