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Family Law
Adultery Will Do It
If a divorce is in the cards in Illinois, adultery will do as a reason for the end of the marriage. This needs to be proven in order to go to court, and it isn’t always easy to get evidence in flagrante delicto.
The bottom line in any case of someone considering a divorce is that they need to know what they are doing, as each state has its own set of divorce laws. With different divorce laws come different legal requirements. So, before deciding to do the deed, make sure a qualified Illinois divorce lawyer is consulted, such as Jay F. Fortier, P.C., in Chicago.
“While adultery is the most common ground for divorce in Illinois, there are other reasons as well — including abandonment, mental or physical abuse, and irreconcilable differences,” explained Fortier. Out of this shopping list of grounds, the one that is usually the easiest to use is irreconcilable differences. This basically means that the spouses are unable to speak civilly to one another in a peaceful manner or they both want something different.
“In other instances, our office has dealt with substance abuse cases (drugs and alcohol) that are affecting a marriage,” stated Fortier. “In these cases the person filing for divorce must prove the abuse has been happening for at least two years.”
Other grounds that may be used to obtain an Illinois divorce deal are impotence and the transmission of a venereal disease. When dealing with impotence, it must happen at the time of the marriage and continue at the time of the filing for the divorce. “Conviction on a felony charge or other crime may also be grounds for filing a divorce,” added Fortier.
A skilled divorce lawyer such as Jay F. Fortier, P.C., of Chicago, Illinois, will be able to advise their client of all the grounds for divorce and also discuss the alternative of legal separation as well. There is a hard way and an easier way to get a divorce in Illinois, and when faced with a choice, many people wish to opt for the quickest, easiest, and least expensive route possible. In some cases, if they qualify, they can go the no fault route as well.
To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.
Illinois DWI Info
While you may not know this, Illinois DWI law applies to several kinds of impaired driving, including drunk driving and driving under the influence of drugs (legal or illegal.)
Odd as this may seem, a great number of people seem to think that just because they have a prescription for a drug that it is OK to drive while under its influence. Such is not the case in Illinois, and you will find this out the hard way if you are pulled over and stop checked, and the officer feels you are driving impaired. In plain English, any drug that impairs your ability to drive is banned under the Illinois DWI law.
Illinois also has a statutory blood alcohol (BAC) limit as well as an impaired driving provision. When referring to the stat blood alcohol limit, it is .08 which means if you happen to be stopped for any reason and take a test that says your BAC is at or over .08, you are automatically legally guilty of DWI. This applies even if your driving didn’t seem off kilter.
Having said that however, there is an exception to the rule and that is, even if you have a lower level than .08, if you have ingested anything to drink or have taken any type of drugs and your driving is less than stellar, you may be charged with DWI. Of course if the BAC is higher than .08 consider your license gone for 90 days. Once your license is suspended you have a 45-day grace period to fight charges and still continue to drive. On day 46, unless you have contacted a highly skilled DWI attorney, your suspension is a done deal.
Many DWI attorneys tell their clients to refuse to take the BAC test and call them right away. While this is good advice, if something does happen that messes up the usual process of your lawyer being able to mitigate charges, or get them dropped, you may lose your license for 6 months. If you are subsequently convicted on a first time offense, the law mandates a one-year suspension, so you can see why you would want to speak to an expert DWI attorney as quickly as you can.
The best advice any competent Illinois DWI lawyer can give you if you drink and drive in Illinois and are stopped, is to call an attorney immediately and do not speak to anyone until your attorney arrives.
Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.
Expungement Means Sealing Documents
If you happen to have an arrest of non-convictions from a rap sheet in your past, say the result of being a headstrong teenager, you might want to consider expungement of that record in order to get a job.
An expungement is, by definition, a court filing that erases your arrest and non-convictions from your rap sheet. Don’t misunderstand this process and think that expungement means wiped out, as that is not the case. Court records with your early misdeeds still exist and are merely sealed and only made available in extremely limited circumstances. One such instance would be in the case of a new conviction.
Are expungements expensive? They tend to be, but if you are wanting to get on with your life, get a job, maybe a loan for a house, a license for some occupation or security bonding you need to have a clear criminal record. Without an expungement your criminal history is there for everyone to find out about and that makes it highly unlikely that you will get hired for any job, be granted a license for anything or even get a loan.
This is a way to clean your legal record and allow you to tell people you have never been convicted or arrested for a crime. Add to this, if an employer does do a background check, if you have opted for expungement, there will be no record in existence for you that they are able to find.
Again, it is important to understand that when criminal records and mental health records are expunged, they are not erased. They are simply sealed and sent to a special facility that stores records of this nature. While they can’t be deleted, they do get tucked away out of sight where law enforcement and ordinary people (employers) won’t find them. If however, you wind up back in court charged with another criminal act, your expunged records may be accessed by court order.
Another thing to note is that there are some records that can’t be expunged, and those deal with civil lawsuits and property deeds. If you need expungement of something in your past, make it a point to discuss this with a qualified lawyer. The lawyer will advise you that generally speaking you may have a criminal offense expunged if ten years have passed since you completed your initial sentence.
As always there are usually exceptions to the rules and regulations and the best way to find out if you are indeed eligible for expungment is to consult with a highly skilled attorney.
Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.
The Misdemeanor Versus the Felony
Every state in the U.S. breaks its crime categories down into two different classifications – felonies and misdemeanors.
Felonies are the more serious categories of crimes, with a conviction meriting state jail time for more than a year. In more serious cases, the penalty may be death. On the other hand misdemeanors, while still serious in terms of leaving a person with a criminal record that haunts them for the rest of their lives, often hand out prison terms of less than a year in county jail.
Within the two major categories are sub-categories that break down according to the severity of the crime. While neither of these two major categories are ones that people want to get charged with, the fact is life happens and so do criminal acts. If a person is about to be charged with a felony or misdemeanor, then it’s time to call Jay F. Fortier, P.C. of Chicago, Illinois, a noted criminal defense lawyer and aggressive litigator.
While superb litigation skills go a long way toward dealing with criminal charges, so does the cooperation of the person charged. A good criminal defense lawyer is unable to be of assistance if his or her client does not spill the whole story and holds any of the details back. Fortier knows this and makes it a point to tell his clients that nothing they say to him ever goes anywhere else. A good client rapport is crucial between the attorney and client.
“It does not matter if the client happens to be guilty of the charge as laid, that client is still entitled to a criminal defense,” stated Fortier. Indeed, that is the whole foundation the criminal justice system is built on in the United States, and we need to remember that those charged with crimes may not be guilty just because they have been charged with an offense.
The most serious misdemeanor is called a Class A misdemeanor with a jail sentence of a year or less and usually a fine of some sort. Class B misdemeanors usually don’t get jail terms that go over 180 days. Class C misdemeanors usually carry fines alone. None of this is set in stone and contacting a competent criminal defense attorney such as Jay F. Fortier, P.C. in Chicago, Illinois, will make an enormous difference in the outcome of the criminal charges.
If faced with a felony crime, don’t waste time talking to anyone except a first class criminal defense attorney, as the stakes in those cases are far higher. Contact Jay F. Fortier, P.C. immediately.
Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com
Juvenile Crime Is a Societal Issue
Juvenile crime, while on the rise and a real concern, has its origins in societal issues.
For the most part, juvenile crime is considered to be criminal acts that are carried out by minors, and while we seem to “get” why adults commit crimes, it’s harder to figure out why juveniles do. This means society is at a loss for what the causes seem to be and therefore, what to do about this type of crime.
Most often the types of crimes juveniles (teens) are involved in involve drug use, illegal drug sales, bullying, vandalism, assault and battery, and gang violence. Evidently statistics show there are a number of possible factors that would encourage teens to commit crimes; e.g. drugs present in the teens environment, domestic violence, family alcohol problems, and dysfunctional families.
If there is violence at home, it’s not too much of a stretch to imagine that what teens see at home will be repeated on the streets. This is normal behavior for them and they have nothing to compare. If firearms happen to be in the home, this kicks the risk factor up another notch. Add into the mixture all the gratuitous violence in the media and there is a recipe for disaster.
Politicians are often pressured to make a difference in the juvenile crime rate: to stop it, to deal with gang violence and the drug problems. The difficulty is, most programs that exist today to deal with “juvies” are programs that kick in after an offense has taken place. There is nothing effective that deals with at risk youth prior to them offending.
Generally speaking juvenile crime starts at home, which then makes this whole issue one that needs to be addressed by society as a whole. Where to start remains the burning question of the day, with rumblings that youth need a suitable alternative to gangs. What those alternatives may be remains vague. In the meantime, juvenile crime continues to be an issue, and attorneys who deal with this area of the law strive to do the best they can for their clients.
If ever there is doubt about how to proceed when a youth has been charged with a crime, make it an immediate point to contact a highly skilled juvenile attorney and find out what rights the youth has in the criminal justice system.
To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.
Cutting the Ties in Chicago
Cutting the matrimonial ties in Chicago, Illinois, is done using the standard reasons ranging from adultery to irreconcilable differences. However, one other ground for divorce in Illinois is a tad unusual – bigamy.
While not too many practice bigamy as a normal way of life, it does come up often enough to have a rule on the books in Illinois that makes it a valid grounds for divorce. However, just because you may have valid grounds for a divorce doesn’t always mean it will be easy to get one.
If you want to file a petition for dissolution of your marriage, the divorce falls into one of two categories: no fault or fault. No fault usually means the spouses have lived apart for 2 years or longer and irreconcilable differences destroyed their marriage. At fault is usually due to circumstances such as drug abuse, infection with a venereal disease, etc.
Hang on to your hat, as division of property plays a big part in divorces. Property jointly owned is usually divided. However, having said that (and you need to speak to a competent divorce lawyer for information) there are tons of situations that dictate whether an asset that was bought after the marriage is eligible for division.
Illinois has two distinctions in the area of property division – marital and non-marital assets. They are subject to various conditions such as inheritance and pre-nuptial agreements. This is yet another reason to speak to a qualified Chicago divorce attorney.
If you have children, getting a divorce is tough on them and may be a flash point issue between the spouses. What usually happens is the spouses each want more custody than the other is willing to allow. These situations normally wind up in court where the judge often asks what the child’s wishes are and takes a look at the child’s overall development to that point.
And on the subject of maintenance, the courts usually determine this using a variety of guidelines such as how much money the spouse needs and the earning ability of both. This isn’t an easy area for anyone to make decisions in, particularly if the wife elected to remain at home to take care of little ones.
If you are contemplating a divorce in Chicago, ensure the first call you make is to a lawyer well-versed in family and divorce law. The investment of your time to do this will be worth your while later.
