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New changes to the Illinois Marriage and Dissolution of Marriage Act are going to take effect on January 1, 2016. One of the main changes will have to do with custody and visitation of minor children. No longer will courts use "joint" or "sole custody". Instead, the Court will allocate what is going to be called "parental responsibilities." Parents will also no longer have "visitation" with their children. Rather, they will have "parenting time".
With regards to "parental responsibilities" for things such as decisions relating to religion, education or health, one parent will either be solely responsible for making those decisions for the children, or the court can assign (or the parties agree) to have these be divided between both parties. When making the decision as to the division of parental responsibilities, the Court will still look at the best interests of the minor child.
To find out more about custody changes taking effect on January 2016, call our office for a free 30 minute consultation.
If you are following a visitation schedule that is different from the one set forth in your Custody Judgment, it is important to enter a Court Order that reflects the actual schedule you are following. This can be done by agreement if you and your former spouse acknowledge and agree to continue following this modified schedule. It can also be accomplished by filing a Petition to Modify Visitation, wherein you can ask the Judge to enter a Court Order reflecting the modified schedule you have been following, if there is no agreement to do so.
It is imperative to formally modify your visitation schedule by Court Order. For example, should your former spouse choose to suddenly discontinue following your increased parenting time, without a court order, you will not be able to enforce the schedule you have been actually following and may end up seeing your children much less than you, and they, are used to. This also holds true if your former spouse was exercising much less visitation than what is set forth in the Custody Judgment. You will be stuck following the schedule contained within your Custody Judgment should your ex-spouse suddenly demand the increased visitation. Depending on your circumstances, your children may not be comfortable with this sudden change. If you wait to file a petition until your former spouse suddenly decides to revert back to the Custody Judgment, you may not be able to get any relief in court on a Petition to Modify for 45-60 days (or sometimes longer), during which time you and your children will be stuck following a schedule no one is used to.
If you have been separated from your spouse and have lost touch with him or her and don't know where they live, you can still get divorced. You will have to prove that you are unable to find your spouse - whether on your own or through mutual friends or family, and complete a publication process that will have to be provided to the judge. You will not be able to have the judge decide issues related to, for example custody or support, but you will be able to get a divorce. The Court will then retain jurisdiction over the remaining issues.
The legalization of same-sex marriage throughout the country may affect certain rights and benefits that unmarried same-sex couples have gained over the last few years in the workplace. Will your employer still offer the same domestic partner benefits to you as an unmarried same-sex couple now that same-sex marriage is legal? Will doing so create issues for employers who don't offer the same benefits to unmarried couples of the opposite sex?
An interesting discussion is contained within the Illinois Bar Journal regarding these unintended consequences of the legalization of same-sex marriage on domestic partner benefits and how certain employers may rethink their benefits.
School is back in session in some areas and will be here soon in others. As a result, we wanted to remind you once again to watch out for those special school zone speed limits because a ticket for speeding in a school zone carries with it severe consequences.
So long as you have been properly notified by a sign or flashing signal, the speed limit in a school zone on school days is 20 miles per hour. Pay attention to the notification posted because the conditions under which the speed limit changes varies among cities, towns and villages. In some instances, the speed limit only drops to 20 mph if children are present during school hours. However, in some school zones, the speed limit is 20 mph on school days regardless of whether children are present, during the hours of 7:00 a.m. and 4:00 p.m. In some areas, the school zone speed limit only applies if a flashing light is activated. When in doubt, it is better to reduce your speed near a school to avoid being pulled over and ticketed. Police officers, prosecutors and judges take these tickets very seriously due to the risk of harm to young children. That is why you cannot receive court supervision even for a first time offense, which means unless you beat the ticket altogether, a conviction will go on your record.
When you are pulled over for a traffic violation, it is important to resist the urge to apologize to the officer. Many drivers in this situation are nervous and hopeful they may be able to avoid a ticket altogether. While courtesy towards the officer is more than ok and may help you avoid the ticket, apologizing for the alleged traffic violation will be detrimental in court and can lead to even worse consequences if an accident occurred. An apology is considered an admission of guilt which can and will be used against you in court should you decide to challenge the ticket. Similarly, and perhaps and most importantly, apologizing after a car accident can be used against you as an admission of liability, not only in traffic court, but also should a personal injury action follow.
In certain situations obtaining financial records from your spouse may be difficult. He or she may be hiding their true income or assets - that is especially true for people who are self-employed. In order to obtain financial documents from your spouse we first have to issue discovery - which is a request made to your spouse to provide us with his or her financial documents. If they do not comply with the request, or if you think there are additional documents that should have been produced, we can also issue subpoenas, file motions to compel discovery and schedule depositions. Although this process can be time-consuming, it's very important to complete it as it will have a tremendously important impact on the division of assets, setting of support or maintenance.
Many parents finalizing their divorce look forward to a fresh start. That fresh start often involves moving away from the former marital residence. Although the residential parent can move out of the residence (either after the divorce or during, if appropriate), such move can't be as to impede the other parent's visitation rights. Unless your Judgment for Dissolution of Marriage provides otherwise, you can't move out of state with your minor children without either 1) the other parent's agreement or 2) permission from the Court. If you want to move out of state with your children and the other parent does not want to agree, you may petition the court for removal. You will then have to show, among other things, that the move is in the best interest of the children and that you will still be able to facilitate a normal relationship and visitation between the children and the other parent. There are many different sub-factors that go into showing the Court that it's in your children's best interest to move and we can help you dissect those and present them to the court. The issue of removal can be very complicated and if you are in a situation where you need to move with your children, but the other parent doesn't want to allow for that, call our office for a free consultation.
When you receive an Illinois traffic ticket, you will be notified on the bottom of your ticket whether or not you are required to appear in court. For certain offenses, such as: Driving While License Suspended, No Insurance, Failure to Reduce Speed to Avoid an Accident, and Speeding 26+ miles per hour over the speed limit, you will have no choice but to appear in court.
However, for most petty offenses, you have the option of pleading guilty and mailing in your payment to the Clerk's Office (thereby avoiding a court appearance and court costs that are added to your fine). Should you wish to appear in court to contest the ticket, it is always advisable that you mail in your ticket, plead "not guilty," and request your court date. Even though most counties will automatically generate a court date if they don't receive your payment by the deadline set forth on your ticket, Cook County has changed their policy in this regard and other counties may soon follow suit.
You might be wondering what to do if a police officer asks to search your vehicle upon pulling you over for a traffic violation. Many people feel intimidated and nervous during a traffic stop and might not realize that they can and should refuse a vehicle search. If an officer is asking to search your car, chances are he or she is suspicious of something more going on than your minor traffic infraction. Usually officers ask to search a vehicle due to suspicions of DUI, open alcohol or drug possession.
The Fourth Amendment protects drivers from unreasonable searches and seizures. Generally, the 4th Amendment requires an officer to secure a warrant before performing a search of one's person, home, vehicle, or effects. There are certain exceptions to the warrant requirement, one of which is consent.
630-953-3000
1700 Park St., Suite 203F, Naperville, IL 60563
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