Del Re Law Group, P.C.Waukegan Attorneys | Family, Criminal & Personal Injury Law2024-03-16T18:21:29Zhttps://www.daviddelrelaw.com/feed/atom/WordPressOn Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489792024-03-16T18:21:29Z2024-03-16T18:21:29Zcalls are all being recorded, with very few exceptions. The authorities can and will eventually listen to whatever you say.
What to keep in mind when you contact your family
While there are likely to be a lot of emotions happening on both ends of your call, stick purely to practical concerns that have to be addressed, like helping you obtain legal guidance. However, you do not want to utter any of the following:
An explanation: You can tell your loved ones what your charges are, but do not make any further explanations. Answer any questions like, “Did you do it?” or “What happened?” with a neutral response. “We can talk about things later,” is sufficient. If you start making explanations to your loved one, you could be building the prosecution’s case for them.
A lie: If you're scared about your loved ones’ reaction to your situation, it can be really tempting to lie about what happened, but that’s just as dangerous as telling the truth. You could be locking yourself into a narrative that may later be shown to be untrue, and that could deeply damage your defense.
Threats: Maybe you’re angry about the whole situation, and rightly so – but do not express your frustration in threats against the alleged victim, their family, the police that arrested you or the prosecutor. Your words could be replayed in court as further evidence of your violent tendencies.
You’re in a difficult spot, but it’s very important that you preserve your right against self-incrimination. There will be plenty of time later to discuss your situation with your loved ones after you’ve explored your defense options.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489752024-03-03T16:50:01Z2024-03-03T16:50:01ZIf you’re among the growing number of people considering divorce who are in their 50s or older – particularly if you and your spouse have been married for decades – it’s a big decision. Further, the kinds of things that will be most important to you as you negotiate your settlement will likely be very different than those in their 30s need to worry about.
Certainly, every couple’s divorce is unique. However, there are also some issues that are still relatively common in “gray divorce” than in other divorces. Let’s look at just a few.
Division of retirement accounts
If you’ve been in the workplace for a few decades or more, a large percentage of your assets are likely in retirement accounts. You probably rolled over employer-sponsored retirement accounts like 401(k)s into individual retirement accounts (IRAs). However, if you still have these employer-sponsored accounts with your current employers, you’ll probably need to get a qualified domestic relation order (QDRO) to divide them without having to incur penalties.
Spousal maintenance
If one spouse earns considerably more than the other, possibly because they put their career on the back burner while they raised children and managed the household, they may well be able to seek alimony (or maintenance, as it’s known under Illinois law). The income of both spouses is one consideration in determining the amount and duration of maintenance. So are many other factors, including the length of the marriage, the standard of living during the marriage and how much one spouse contributed to the other spouse’s education and career. It’s crucial to seek a fair maintenance award, whether you’re the payee or payor.
Commitments to young adult children
If you’re helping pay for your child’s college education, you don’t want to suddenly pull the rug out from under them. You may want to include this financial commitment in your divorce agreements and how it will be split (or possibly handled by one of you). The same is true if you’ve committed to helping pay for a wedding, first home or something else as your child moves into adulthood.There are plenty of other things to consider, like how your Social Security retirement benefits will affect your financial picture, what changes need to be made to your estate plan and much more. It may seem overwhelming, but it doesn’t have to be if you have solid legal and financial guidance.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489742024-02-21T09:47:49Z2024-02-26T09:47:26ZContributions to the marital estate
About 1.2 million small businesses operate in Illinois. While one spouse actively ran a business, the stay-at-home spouse likely provided support, managing household responsibilities, caring for children and facilitating the other spouse's career advancement. Illinois recognizes these contributions as integral to the overall success of the marital partnership.
Equitable distribution of assets
Illinois follows the principle of equitable distribution, which aims to divide marital property fairly between spouses upon divorce. This means that even if one spouse solely owns the business, its value may be part of the marital estate subject to division. The court assesses various factors, including the duration of the marriage, each spouse's financial contributions and their respective roles within the marriage, to determine a fair distribution of assets.
Economic hardship and future earning potential
Some stay-at-home spouses sacrifice their career or educational pursuits to support their partner's business endeavors. Divorce can pose significant economic challenges for them. Recognizing this, Illinois courts may award the stay-at-home spouse a portion of the other spouse's business to mitigate the economic disparity that could arise post-divorce.
The best interests of the family
One goal in asset division is to ensure that both parties can maintain a reasonable standard of living post-divorce. This can especially be true if they have minor children.
Including stay-at-home spouses in the division of business assets underscores the importance of their role within the marriage and upholds fairness under Illinois divorce law.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489732024-02-20T04:37:10Z2024-02-20T04:37:10ZCan assault and battery overlap?
In Illinois, the authorities can file assault and battery charges simultaneously when necessary. For example, if you threaten someone and then follow up with a punch, you may have committed both offenses. You can also face either charge independently.
What are the possible penalties?
Illinois charges assault and battery offenses as misdemeanors or felonies based on severity and aggravating factors. Even when charged as a misdemeanor, it can involve incarceration and fines. A felony conviction could result in severe consequences.
How does this benefit you?
Grasping the nuances of assault and battery and their varying penalties empowers defendants. Whether charged with one or both, understanding their distinctions helps you determine what kind of defense strategy is best given your unique circumstances. Experienced legal guidance can add another layer of security and protection.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489702024-02-09T01:02:46Z2024-02-09T01:02:46ZIf you are an Illinois parent who is going through a contested divorce, the custody of your children is likely to be a primary concern. Ideally, the parents will be able to put aside their differences and work together for the best interests of the children.
But we live in the real world, not a Utopian fantasy land. That means that custody can typically be hotly contested between the parents. In many instances, it is the family law courts that are tasked with sorting out which parent the kids will live he bulk of the time.
Can children provide any input into the decision?
Here in Illinois, there is no specific age at which a child can voice their preference over their living arrangements. However, the law states that judges must consider a mature child's opinion in these matters.So, what does that mean in practice when there is no legal age? Because it can be traumatic and create lasting damage between parent and child, most of these decisions do not rely on actual court testimony. The family law judge can instead interview the child in their chambers in what is often called an in-camera hearing where a child might be represented by a court-appointed guardian ad litem tasked with representing the child’s best interests.Some kids demonstrate maturity at 11 or 12, while others are still quite immature at 15 or even 16. The judge is always free to override the child’s stated preference, especially if it appears they want to live with their more lenient parent so they get away with more.
Do you have custody questions?
Learning more about how the Illinois family law courts work can leave you better positioned to achieve your aims regarding the custody of children in divorce.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489512024-01-25T18:27:37Z2024-01-25T18:27:37Zreasonable suspicion is a lower standard based solely on the officer's observations and experience.
Signs that can lead to reasonable suspicion
In drunk driving cases, an officer's observation of certain behaviors or signs that indicate possible impairment can justify stopping a driver. Some points that meet the standard of reasonable suspicion include:
Erratic or inconsistent driving: Swerving, drifting across lanes or straddling the center line
Violation of traffic laws: Speeding, running red lights or stop signs or making illegal turns can indicate impairment
Slow response to traffic signals: Delayed reactions to traffic lights or signals can indicate impaired driving
Inappropriate speed: Driving significantly below the speed limit or varying speed abruptly.
Once a vehicle is stopped based on reasonable suspicion, officers may conduct field sobriety tests or use chemical tests to determine the driver's level of impairment. These results can establish probable cause, which is required for an arrest.
Because reasonable suspicion is subjective and based on the officer's training and experience, the validity of the stop can be a point of contention in drunk driving cases. Defendants should have sound legal guidance to develop their defense strategy. This may include a lack of reasonable suspicion or probable cause and other rights violations.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489492024-01-10T03:18:57Z2024-01-10T03:18:57ZParents sometimes dread telling their children about an upcoming divorce more than they do talking to their own spouse. Both adults may realize that they’re unhappy and that the marriage needs to end. But this could still come as a shock to the children.
Thankfully, there are some things that parents can do to help this conversation go smoothly and make it easier for the children to adjust. Here are three tips that can help.
Plan it out in advance
Think over what you want to say. What key points do you want to make? What details are most important? Consider the questions that your children may ask. Have your answers ready. Don’t just have this conversation at the spur of the moment. Take the time and prepare in advance.
Don’t blame your spouse
You may technically blame your spouse for the divorce. But, when talking to your children, the two of you should ideally have a narrative that doesn’t assign blame to either person. You don’t want to make your children feel like they have to choose sides. You also don’t want to negatively impact their future relationship with the other parent – who will always be their parent, even if they are no longer your spouse.
Have a family conversation
Finally, this conversation is best held with the entire family. All of the children should be there so that they don’t learn the news through the grapevine. Both you and your spouse should be together so that you can present a united front.This conversation often comes at the beginning of the divorce process. Take the time to consider each step you’ll need to take moving forward.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489482024-01-03T10:04:51Z2024-01-08T10:04:15Z1. Organize financial documents
Start by gathering and organizing all your financial documents. This includes bank statements, tax returns, investment accounts and any other relevant records. Having a clear picture of your financial situation will empower you to make informed decisions during the divorce process.
2. Create a budget for single living
As you navigate the path to divorce, it is important to anticipate the financial changes that come with single living. Develop a realistic budget that reflects your individual expenses, taking into account housing, utilities, groceries and other necessities. This budget will serve as a foundation for your post-divorce financial stability.
3. Build an emergency fund
Financial setbacks can happen unexpectedly, and having a safety net in place is necessary. Start building an emergency fund to cover unforeseen expenses. This fund will provide a financial cushion during the transition and can prevent you from accumulating debt in times of financial strain.
4. Understand your assets and debts
Gain a comprehensive understanding of your marital assets and debts. Identify joint accounts, property and liabilities. Knowing the extent of your financial entanglements will help you make informed decisions about the division of assets and debts during the divorce process.
While Illinois has one of the lowest divorce rates, which was 1.3 divorces per 1,000 population between 2019 and 2021, many people still find dissolving a marriage is the best option. After making the decision, it is important to financially plan for the future.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489472023-12-25T06:34:20Z2023-12-25T06:34:20ZDivorce affects everyone in the family – including the four-legged family members. Pets count on their people to be there, while we often rely on them for companionship and emotional support.
When divorcing couples have children and pets, the pets often follow the children as they transition between homes. For couples who don’t have human children, the thought of losing even some time with a beloved animal – especially when they’re going through the emotional challenges that accompany divorce -- can be unimaginable.
Working out a “joint care plan”
As with just about every part of divorce, it’s best when couples can negotiate a way to share time and responsibility for their pets. You can create your own joint care plan and include it as part of your final divorce settlement. In this agreement, you can detail how time, expenses and decision-making will be shared. This can prevent conflicts later and give your animal(s) some sense of stability.
What if a judge has to weigh in?
Spouses have been known to battle over who gets the pet almost as viciously as some fight over child custody. If you and your spouse can’t agree on who gets to keep your pet or how you’ll share them, Illinois law can help.Fortunately (at least for the pets), Illinois is one of a growing number of states where pets aren’t viewed as property to be divided in a divorce like an art collection or retirement accounts. If a judge has to decide what happens to a pet, they’ll look at several things. For example:
Did the pet belong to one person before the marriage?
Who has been the pet’s main caregiver?
Does one spouse have more time to devote to the animal’s care than the other?
Does a spouse who’s gotten a new home have sufficient room and outside space to keep a pet?
If the pet is very young, elderly or has special needs, is it better for them to stay in one home and, if so, whose?
If there are children, should the pet stay with them in whichever home they’re in?
By not treating animals strictly as property, Illinois law lets judges consider what kind of living arrangement is in the best interests of the animal. Whether you and your spouse are working out your own agreement or making your individual cases to a judge, it’s always best when you have experienced legal guidance.]]>On Behalf of Del Re Law Group, P.Chttps://www.daviddelrelaw.com/?p=489442023-12-13T15:32:44Z2023-12-13T15:32:44ZDriving under the influence (DUI) is a serious offense that can have consequences now and in the future. Beyond legal penalties, one area that is significantly affected by a DUI conviction is employment.
Knowing the impact a DUI conviction can have on your ability to get or keep a job is essential. Learn more here.
Immediate job loss
You may lose your current job if you are convicted of DUI. Today, countless employers have a “zero tolerance” policy regarding these crimes. For many, this is the most immediate consequence of this crime.
Difficulty finding new employment
Even if you manage to keep your current job after a DUI conviction, finding new employment can become a daunting task. Background checks are now commonplace among many employers. If you have a prior DUI conviction, it may make you less desirable to potential employers.
Limited job opportunities
Certain professions, such as those in the legal or healthcare fields, often have stringent professional conduct and ethics requirements. A DUI conviction may make securing or maintaining a job in these sectors extremely difficult, as it can raise questions about your judgment and responsibility.
Occupational licensing issues
For individuals who require professional licenses or certifications, a DUI conviction can pose additional problems. Licensing boards may review your conviction, and in some cases, it could lead to the suspension or revocation of your license, effectively ending your career in that field.A DUI conviction can significantly impact your employment prospects and current job situation.If you are facing DUI charges, knowing your legal options is essential to help mitigate the penalties. ]]>