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Peoria Illinois Family Law Blog

How a person going through divorce can avoid honest mistakes

Many residents of Peoria have probably heard about some Illinois residents who have behaved poorly during a divorce or separation. Some have let their emotions get so out of control that they commit an act of domestic violence or other criminal behavior.

Others may get caught trying to hide assets or intentionally squandering them, while still others may get embarrassed by an ill-advised text or social media post.

How are parental responsibilities in Illinois decided?

When parents in Illinois divorce, important decisions will need to be made regarding the child. One of these decisions is who will have decision-making responsibilities for the child. This decision could affect both the parents and the child for years to come.

Under Illinois Statute 602.5, when it comes to the allocation of parental decision-making responsibilities, the standard the court will use is the "best interests of the child." While parents are still permitted to negotiate their own agreement, if they are unable to do so the court will determine which parent, or both, will have the right to make significant decisions affecting the child. These decisions include issues of long-term importance such as: where the child will go to school; health care decisions; what religion the child will practice with certain conditions; and extracurricular activities, among others.

Post-divorce financial fights among parents

It is not uncommon for financial arguments and divorce to go together. Stress coming from disagreements over money is among the things that can put a couple on the path to divorce. Also, financial issues, like spousal support and property division, can be some of the more contentious ones in divorces.

What about after a divorce? Once a divorce is final, you don’t have to worry about getting into fights over finances with your ex anymore, right? Unfortunately, for many, this proves not to be the case. There can still be plenty of potential battlegrounds over money issues for divorced couples. This can especially be the case for divorced couples with kids.

Are divorce rates declining?

As of late, young love has a new meaning, and “everlasting” is a good word to start. The U.S. divorce rate has dropped by 18 percent from 2008 to 2016. New data shows that younger couples today are approaching marriage differently. Tying the knot is happening later in life, after finishing school and laying a financial foundation.

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.

Awards & Recognitions

  • 10 Best Law Firm Client Satisfaction American Institute Of Family Attorneys 2013-2015
  • 10 Best Law Firm Client Satisfaction American Institute Of Family Attorneys 2016-2017
  • 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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