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Peoria Illinois Family Law Blog

What you need to know about trial divorce

Saying goodbye to a marriage might have been a choice you made long before the final signature on your divorce decree. But not all divorces are an easy exit into a new and unattached life. Sometimes, the way out is filled with legal obstacles and flying debris of disagreement with the other party. In other words, you may be facing a trial divorce. It is the most contentious type of divorce to go through.

Trial divorces leave the gloves behind before stepping into the ring and fighting it out in the courtroom. It can be messy and it can be ugly. Therefore, preparation is key to managing the road ahead when journeying through a trial divorce.

Getting rear-ended led to underage DUI and other charges

First, there is always an increased risk of being involved in an accident when a driver gets behind the wheel after drinking. However, there are times when the accidents in such situations are not the fault of an intoxicated driver, but instead are the fault of another party. Regardless, when Illinois police investigate the scene, the suspected DUI driver could still face a criminal charge even without having caused the crash.

This may be the situation for two 18-year-old men recently involved in a rear-end collision. As they and a 19-year-old man traveled west through an Illinois village, the SUV they occupied was struck by another car from behind. Officers and emergency medical personnel arrived at the scene, but fortunately, no one suffered anything more than minor injuries and medical assistance was declined.

Do you qualify to have your criminal record expunged?

After a criminal conviction in Peoria, you might be wondering how it will affect your future job prospects, whether or not you might be able to attend college, or if it will appear on your background check when you rent a new apartment. You may also be wondering if there is a way to keep it confidential, or to clear it from your record.

When it comes to applying for an expungement in Illinois, there are certain requirements you must meet in order to be eligible. To find out more about what to expect during the expungement process, read below.

2 men face charges for drug crimes after traffic stop

The traffic stop may be one of the most controversial elements of any issue between Illinois residents and law enforcement officers. Officers only need reasonable suspicion to initiate a stop, but they need probable cause in order to go beyond a limited investigation. Without it, any search of your vehicle may not stand up in court if you end up facing charges for drug crimes because of being pulled over by police.

This could be an issue in the case of two men who recently got pulled over by law enforcement here in Illinois. As the two traveled on Interstate 280, an officer stopped them. Reportedly, the officer received training in interstate drug trafficking. He called in a K-9 unit with the Illinois State Police.

Not every divorce can be amicable

Both print and internet media are full of stories regarding the benefits of a friendly parting of the ways at the end of a marriage. In fact, many Illinois couples may feel compelled to try to work things out amicably because of all the hype. It is true that people tend to end up with better settlements and more satisfactory experiences when the divorce is amicable, but not every couple has the luxury of making this choice.

In fact, some will need to go to court because one party seems to thrive on conflict. This person may even argue over trivial points or property simply to agitate the situation. So what is the other party to do?

Will you consider virtual visitation in your Illinois divorce?

Most Illinois parents would agree that the job of raising children comes with plenty of challenges and plenty of joy. When parents divorce, they may struggle to find a way to deal with the added obstacles of parenting from two different households. In many cases, even an amicable split does not allow one parent to spend as much time with the children as he or she would like.

Work schedules, distances between homes and other care requirements of the children could prevent parents from enjoying more of a 50/50 split in parenting time. That does not eliminate the need for both the children and the parent to have as much time together as possible. Adding virtual visitation could help fill that gap and ease any apprehension associated with missing milestones in the lives of each child.

Driver accused of DUI now faces additional charges

A 16-year-old boy was recently taken off life support at an Illinois hospital. He suffered critical and life-threatening injuries when a car struck him as he rode his bike. The driver allegedly responsible failed to remain at the scene at the time of the accident. After the teen's death, prosecutors announced that they will upgrade the charges against the driver to include a charge for causing a fatal accident, along with a DUI charge.

Reports indicate that workers at the establishment where the man was prior to the accident believed he was intoxicated after several beers. The driver reportedly told police that he recalls several individuals on bicycles on his way home, and that he may have struck one of them. He was inquiring about the condition of that person. Furthermore, he supposedly gave a statement to police that he fled from the accident out of panic.

Can you refuse a breath test to avoid an Illinois DUI?

There are a number of reasons why you could feel nervous about a breath test. Maybe you believe you've had blood sugar issues, and a breath test could show a false positive. Perhaps the officer doesn't seem to understand how to use it properly, or maybe the device itself seems faulty. You are likely worried about incriminating yourself with a bad test.

Unfortunately, refusing to take a breath test during an impaired driving traffic stop is actually a crime in itself. While the police cannot force you to take a chemical test, they can charge you with a crime for refusing to take one. The end result could be criminal and civil penalties, including loss of your license. While you can refuse a breath test, you break the law when you do so, which could very well result in your arrest and temporary incarceration.

What may your finances look like after an Illinois divorce?

Unless you will be getting a 30 percent raise anytime soon, you will more than likely be facing a different financial landscape now that your marriage has ended. As you work through the issues involved in your Illinois divorce, you may benefit from a thorough review of your current financial situation versus what it will be post-divorce. You may need to ask yourself numerous questions before you begin making requests regarding property division and support issues.

Do you know what assets and liabilities you and your spouse share? Do you have any separate property with which you will walk away from the marriage? Will you be paying child support or alimony or receiving it? The answers to these questions may shape your negotiations with your soon-to-be former spouse.

Search at one home allegedly reveals drug crimes at second home

When Illinois law enforcement officials look into suspected criminal activity involving drugs, they often obtain search warrants in order to locate evidence that could further their investigations and lead to arrests. When they execute those search warrants, they sometimes find information that allegedly leads to others parties and other search warrants. By the time officials are done, one or more individuals could be facing charges for drug crimes.

This is what happened recently to two Illinois men. Law enforcement officials executed a search warrant on a house in which one or more occupants were suspected of criminal activity. Information allegedly discovered at that location supposedly led investigators to conduct a raid on a second home. When the search was over, the two men were under arrest.

Awards & Recognitions

  • 10 Best Law Firm Client Satisfaction American Institute Of Family Attorneys 2013-2015
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  • National College For DUI Defense General Member
  • 10 Best 2016 Client Satisfaction American Institute Of Family Law Attorneys
  • 10 Best 3 Years Client Satisfaction American Institute Of Criminal Law Attorneys 2015-2017
  • 10 Best 3 Years Attorney Client Satisfaction American Institute Of Family Law Attorneys 2015-2017

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