Posted on September 06, 2017 in Family Law

In divorce, it is not just the assets that are divided. Instead, divorcing couples must also split their debts. With more than 44 million student loan borrowers in the United States, all with a total debt of about $1.4 trillion, you can be sure that, in at least some divorces, there is a distribution of student loan debts. When and how does this happen? How might it impact your Illinois divorce? The following explains, and it provides details on where to find assistance with your case.

Marital versus Non-Marital Student Loan Debt

Like with assets, distribution of debt typically only debts that were acquired during the marriage. As such, student loans that were obtained before marriage are likely to be excluded from the marital estate. It is important to note, however, that student loan debt does not automatically become a part of the marital estate, just because the debt was incurred over the course of the marriage. Instead, there are several factors that may be used to determine whether the student loan debt is a part of the marital estate. These factors include:

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 Posted on September 05, 2017 in Personal Injury

When we think about pedestrian accidents involving a person’s distraction, we often think about distracted driving and make assumptions about a motorist’s behavior behind the wheel. However, as a fact sheet from the American Academy of Orthopaedic Surgeons (AAOS) highlights, distracted walking is a problem, too. To be sure, distracted walking may be a factor in pedestrian accidents involving motor vehicles.

What are the facts you need to know about distracted walking? And when might a jury hold a distracted pedestrian liable for a car accident?

Getting the Facts About Distracted Walking and Auto Accidents

Distracted walking can take many forms, such as talking on a cell phone, texting while walking, listening to music on a smartphone or other mp3 player, or even engaging in conversation with another person. According to Alan Hilibrand, the chair of the AAOS Communications Cabinet an increasing number of people "are falling down stairs, tripping over curbs and other streetscapes and, in many instances, stepping into traffic, causing cuts, bruises, sprains, and fractures.”

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 Posted on September 05, 2017 in Immigration

Not content with arresting nearly 40 percent more immigrants on average since the new administration took office, in July 2017 the Department of Homeland Security and the White House began to investigate the possibility of expanding expedited removals, which would significantly alter the immigration landscape in the United States for a multitude of reasons.

The move would not be without controversy at a political level, but immigrant rights groups are incensed at what they argue would be a near-unlimited authority to arrest anyone without status, regardless of potential extenuating circumstances.

If you are undocumented, being conversant with the nitty-gritty details of the law may at least make your next steps more clear.

History of Expedited Removal

Expedited removal is a process that came into being in 1996, under the Illegal Immigration Reform & Immigrant Responsibility Act (IIRIRA). For its first few years, it was used almost exclusively at the border, only expanding in 2004 when George W. Bush signed orders permitting the procedure’s use within 100 miles of any border. The law also states explicitly that it is to be used only on ‘arriving aliens,’ rather than people who have been in the United States for some time already.

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 Posted on August 23, 2017 in Family Law

In an Illinois divorce, the assets of a couple are valued and then divided equitably. What happens, though, when one of the parties decides they want more than they are entitled to receive in the settlement? In some cases, it could lead to asset hiding. Learn more about the risk of this deceptive practice, including how to tell if you may be at risk and what an experienced divorce lawyer can do to help mitigate against the potential damage.

Disadvantaged Spouses

Disadvantaged spouses are individuals who either do not earn money or have little knowledge of their marital finances. Some are stay-at-home parents or spouses. Others simply choose not to get involved with the financial aspects of their marriage. Regardless of the reason, these spouses are at an increased risk for asset hiding during divorce.

Complex Financial Portfolios

Disadvantaged spouses are not the only ones at risk for asset hiding; those that have a complex financial portfolio have an increased risk as well. What, exactly, constitutes a “complex financial portfolio?” The following marital situations are just a few examples:

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 Posted on August 21, 2017 in Immigration

Ever since 2014’s spike in violence in Central America that led to increased immigration of unaccompanied minors into the United States, U.S. immigration authorities have been at somewhat of a loss in how to appropriately handle the status and the overall needs of these children.

The previous administration created what was colloquially called the “rocket docket,” where unaccompanied minors with sponsors in the U.S. could be processed quickly. However, the current administration rescinded this directive, and may even seek to rescind some previously available protections, which would cause confusion and untold harm to children in this situation.

New Initiative Aims At Parents

On June 29, 2017, Immigration & Customs Enforcement (ICE) announced a new “surge initiative” aimed at adults who paid or helped their children be smuggled into the United States. Ostensibly aimed at curbing human trafficking, the primary aim of the policy has been stated to be arresting parents or other adults who aided in having a child smuggled into the country.

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 Posted on August 21, 2017 in Personal Injury

When a motorist is involved in a highway accident involving a tractor-trailer in DuPage County, there is a high likelihood of serious or fatal injuries. As a fact sheet from the Insurance Institute for Highway Safety (IIHS) explains, large trucks often weigh between 20 and 30 times as much as a passenger vehicle, and they have a greater ground clearance than smaller vehicles. As such, collisions between 18-wheelers and passenger cars are often deadly.

Federal law currently requires large trucks to have rear underride guards to prevent a passenger car from going underneath the truck in the event of a crash. However, these guards are not always enough to prevent serious and fatal injuries.

There may be a new solution to preventing serious and fatal injuries in trucking accidents: side guard rails. According to a recent article in U.S. News & World Report, while rear underride guards may be insufficient when it comes to reducing the risk of a deadly crash, adding a requirement of side guard rails might actually serve such a purpose.

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 Posted on August 16, 2017 in Family Law

In Illinois, divorcing parents must determine the allocation of parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation) will be split among them. Unfortunately, this sensitive matter can create a lot of tension, and parents may struggle to come to an agreement. If this happens, the decision may be left up to a judge. Learn more about how child-related matters are decided upon in an Illinois divorce, and how an experienced attorney can help with your case.

Parents Usually Start with a Parenting Plan

Typically, the first step in determining the allocation of parental responsibilities and parenting time is the completion of a parenting plan. Done either jointly or separately, this plan must be submitted to the court within 120 days of the divorce petition (unless an extension is filed). If parents are unable to agree, they may attend alternative dispute resolution (i.e. mediation) to work out their differences.

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 Posted on August 15, 2017 in Immigration

According to the Immigrant Legal Resource Center (ILRC), the Deferred Action for Childhood Arrivals (DACA) program is still open and accepting applications. However, as the site continues, it may be ‘terminated at any time.’ The status of the DACA program has wavered multiple times in recent months, due to pressure from the White House and various interest groups.

In June 2017, a group of Republican attorneys general added their voice to the discussion, trying to force the administration to rescind permissions that allowed DACA to go forward. This leads to significant confusion and alarm for those with DACA status.

A Wavering White House

It is important to keep in mind that even if DACA were to be overturned or declared unconstitutional, current participants would likely be permitted to stay until their work permits ran out, or at least such was the thinking the first time the current administration entertained rescinding DACA. The President announced in mid-June 2017 that while his administration would be dropping any defense of the companion program DAPA (covering parents of U.S. citizen children and a few others in isolated cases), DACA would explicitly be left alone. This caused some to exhale in relief, but the mercurial nature of this president’s policy decisions left others more worried.

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 Posted on August 15, 2017 in Personal Injury

When another driver has caused a serious car accident that led to your injuries, it is important to think about filing a car accident claim in DuPage County. Even if you think you might have been partially to blame for a collision, it is important to avoid discussing liability with anyone—from the other driver to an auto insurance company—until you have spoken with a DuPage County car accident lawyer.

Why should you avoid discussing fault with anyone? If you do file a car accident claim, the defendant may be able to raise the defense of comparative fault, or contributory fault, in order to avoid be responsible for 100 percent of the damages.

You should know that, even if you do bear some responsibility for an accident, you can still recover damages from the defendant under Illinois law.

What is Comparative Fault or Contributory Fault?

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 Posted on August 08, 2017 in Personal Injury

Truck accidents involving semis are often catastrophic. Other drivers who are involved in truck crashes are often seriously injured or even killed as a result. The sheer force and power behind these massive vehicles make them a potentially deadly weapon when they lose control on the highway.

Commercial Driver’s License (CDL) holders have specialized training and experience to avoid big rig accidents, yet they occur all too frequently. So, what are the most common causes of these types of accidents?

Truck Equipment Failure

The statement “the bigger they are, the harder they fall” rings true in this comparison. If mechanics fail in a passenger vehicle, the results are potentially disastrous. When a commercial truck gets into an accident, the results are exponentially more severe. While a smaller passenger vehicle can usually delay having routine maintenance, the practice is unwise for truck drivers. Mechanical failure for a truck traveling at high speeds endangers the lives of everyone on the roadway.

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