Monday, February 25, 2019

Schaumburg Divorce Lawyer

Legal Separation Vs Divorce

The biggest difference between a legal separation and a divorce is that separation allows spouses to retain their marital status; therefore, they cannot remarry someone else until they get divorced. Here are a few other differences between a legal separation and a divorce.

Health Care and other benefits – After a divorce, spouses’ healthcare and other benefits such as social security benefits are terminated with immediate effect, but legal separation allows the couple to retain these benefits.

Decision Making – Divorced couples are not considered next of kin, thus do not have the right to make financial or medical decisions on behalf of each other, but if they opt for a legal separation instead, they are still regarded as next of kin, consequently allowed to make such decisions for each other.

Property Rights – Divorce extinguishes each spouse’s legal right to property benefits in case of death of the other spouse, but legal separation keeps these rights preserved.

Liabilities and Obligations – During a divorce, all the assets and liabilities are divided between spouses by the court per the applicable laws in their state. Conversely, spouses remain responsible for each other’s debts and obligations in case of legal separation.

Remarriage – Once spouses get divorced, the verdict cannot be undone, and they have to remarry if they are seeking legal separation.

Wednesday, January 9, 2019

Lawyer Schaumburg

Under a new Illinois law, effective in 2019, if a boss requires you to use your personal phone or computer for word, the boss must have a reimbursement policy

Thursday, January 3, 2019

Schaumburg Criminal Lawyer

A new law in 2019 allows family members or police to petition courts to take guns away from people who pose a danger to themselves or others.  A judge may issue the order without notice but a hearing must be conducted within 14 days.

Wednesday, January 2, 2019

Lawyer Schaumburg

A new law in Illinois, effective in 2019, requires that children younger than 2 must ride in rear-facing child-restraint seats in automobiles.  Children taller than 40 inches or weighing more than 40 pounds are exempt.  The first offense carries a $75.00 fine at the discretion of the local authorities.

Wednesday, December 19, 2018

Lawyer Schaumburg

Whether a secret recording is illegal and unethical depends on where it takes place and why.
The first question to address is whether state wiretapping laws have been violated and whether the attorney secretly recorded the conversation in a state with a one-party consent or two-party consent law. In many states, a person can secretly record a conversation as long as one party knows of it, and that one party can be the recorder. These are called “one-party consent” states. Other states are two-party or “all-party consent” states. In these jurisdictions, all parties to the conversation must know a recording is taking place. Illinois is a two-party state.

But even if secretly recording another person is legal—as it would be in a one-party state—attorneys must also consider whether such recordings are ethical.

Monday, December 17, 2018

Lawyer Schaumburg

Record sealing has helped many to permanently secure or delete personal criminal records of felonies, misdemeanors, or even arrests when ultimately found not guilty. Generally speaking, when an arrest or a conviction occurs, it’s available to society via public records that anyone can access. This means that a record has the potential to follow a person everywhere, possibly undermining his or her ability to secure housing, employment, and career advancement. Having records sealed makes it so that a criminal record isn’t as accessible. It’s worth noting that there is a distinct difference between record sealing and expungement. In the case of an expungement, it is like the event never occurred, with a record even being destroyed. When a record is sealed, however, it is still kept on file by the government; the ordinary citizen cannot gain access to it.

Monday, December 10, 2018

Lawyer Schaumburg

 In Illinois, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. ... At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.