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Geneva Illinois Law Blog

What are post-divorce modifications?

As a divorced resident in Illinois, you have already jumped through all of the hoops for legally ending a marriage. However, after these decisions have been made and the terms have been settled, the life circumstances that led to them may not stay the same. Will you be stuck with old, outdated terms forever?

Fortunately, this is where post-divorce modifications come in. Post-divorce modifications are exactly what they sound like: changing the terms of the divorce after they have been decided. Terms that need changing are typically related to child custody, spousal support payments, and visitation schedules.

Divorce is dangerous for business owners

If you own a business and are considering a divorce, it is important to choose your priorities carefully. While this may come as a surprise, the law typically classifies businesses as personal property, meaning that your spouse may have a legitimate claim to a portion of your business or its value.

If you want your business to survive your divorce, you must build your divorce strategy with this goal in mind. Otherwise, the business that you own may not make it through your divorce. With a strong, well-planned divorce strategy, you can make wise compromises while keeping your rights and priorities protected until your divorce is final.

Emergency situation results in charges for Illinois mother

Authorities will sometimes bring special, separate charges against someone thought to have caused harm to a child, especially if they believe it to have been deliberate. The law does not extend any sort of protection or immunity to the child's parents, which means that the same types of charges can apply. At this time, a six-month-old infant from Aurora, Illinois, is in the hospital on life support, and his 23-year-old mother is in the county jail facing felony charges of battery against a child. 

An emergency situation arose on Friday of last week in a home in Aurora. It is not clear exactly who made the call that summoned responders to the scene, although mother and child were reportedly alone in the home at the time. When responders arrived, the baby was unconscious on the family room floor. As the responders attempted to revive the infant with CPR, the mother informed them that he had suddenly stopped breathing. 

What consequences will you face for a first Illinois DUI charge?

Driving under the influence (DUI) is a serious offense that is also relatively common. People may accidentally commit a DUI by getting behind the wheel when they think they are okay to drive but they aren't. Others could wind up arrested mistakenly for DUI because of a poorly performed roadside sobriety test or inaccurate Breathalyzer results.

Like many offenses in Illinois, DUI charges carry increasing penalties for those who commit the same offense more than once. If it is your first time facing a DUI charge, you will have the potential for the most lenient treatment.

What are the benefits of traffic safety school?

Maybe you were arrested for drunk driving, or you were cited for speeding or driving recklessly. You may even have been involved in too many accidents or got in trouble for driving aggressively or were suspected of targeting someone in a road rage incident. There are many reasons the court may have ordered you to attend traffic safety school. Like other Illinois residents in the same position, you may wonder what you stand to gain by attending.

The National Safety Council explains that court-mandated traffic safety school can reduce administrative costs and court congestion related to moving violations, accidents and traffic arrests, which can direct taxpayer funds to other areas. When people attend traffic safety school, it can also make the roads safer for everyone. But these benefits apply to the court system and the public, not you, you may argue. However, attending a court-mandated class can also benefit you in several ways. Agreeing to complete a traffic safety course may reduce or eliminate the penalties related to your charges, including fines and jail time. You can also learn valuable safety information and skills that can make you a safer driver and reduce your chances of being injured or killed in a crash. Completing a traffic safety course can also allow you to keep your driving privileges.

Are assault and battery the same thing?

If you have been charged with assault and battery in Illinois, you may think that officers allege you committed one crime. Actually, as FindLaw explains, assault and battery, while similar, constitute two separate crimes

Naturally the prosecutor must prove that you intended to commit both crimes in order to convict you of them, but in addition to intent, (s)he must prove other things for each crime.

A property division checklist will keep you organized

When moving through the divorce process, you can expect to have a variety of questions and concerns. Since property division is among the most important details of your divorce, it's critical to get on the right track from the start.

Organization is essential during divorce, and this is particularly true when it comes to matters of property and debt division. A property division checklist is easy to create, and once you have this in place, it will help keep you in order.

Marital property: What all is included?

When you file for divorce, there are a myriad of issues you are forced to tackle before your divorce settlement can be finalized. One of the most daunting tasks is separating marital property and assets that have been accumulated throughout your years of marriage. You may have grown attached to your property and it can be difficult to determine who is entitled to receive what pieces after the marriage ceases. It is important that you understand what constitutes marital property so that you can be sure to get everything you are entitled to in the divorce settlement.

When you think about marital property, you may think of furniture, the family home, vehicles and the contents of your bank accounts. However, the concept of marital property stretches much further. Marital property also includes the following:

What is included in the definition of domestic violence?

A charge or accusation of domestic violence in Illinois may be confusing to you if you have never reacted physically against a member of your household. Your confusion is understandable, as the general term includes a wider range of behaviors than a strict interpretation would suggest. 

According to FindLaw, the definition of domestic violence includes physical forms of abuse, such as punching, hitting, slapping, kicking, biting, etc. However, the definition also extends to include abusive patterns of behavior that are nevertheless nonviolent, which can involve the following:

  • Emotional abuse: Diminishing the victim's self-worth through insults and criticism
  • Economic abuse: Preventing the victim from earning money and/or restricting access to household funds
  • Sexual abuse: Coercing the victim into sexual activity without his or her consent

Options for dealing with the house in a divorce

Part of divorcing is deciding who gets what and how to deal with certain property. For example, you will have to decide everything from who gets the living room furniture to which of you is keeping the dog. For some property, it is easy to make these kinds of decisions, but for certain high value assets things can become incredibly complicated. In fact, deciding what to do with the house is one of the most major decisions a divorcing couple faces.

Now that you have decided to divorce, have you taken the time to consider what will happen to the family home in Geneva? Or, have you simply assumed that it will be included in your share of the marital property? Here are various options for the house that you should consider.

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