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Author: Divorce Lawyer

Besserman Law Divorce & Family Lawyer > Articles posted by Divorce Lawyer

Divorce:  Who Gets to Stay in the Family Home?

 Allocation of the Marital Residence If you’re in the midst of a divorce proceeding, you may be wondering who, if anyone will be able to stay in the home.  In Illinois, there are several different factors which determine who will be able to stay in the marital home, and throughout this difficult process it helps to be informed.  Keep in mind in some instances, the family home is sometimes sold and the couple splits the proceeds.   Marital Property One of the most important factors of determining who gets to stay in the family home is to determine...

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Car Crashes Still on the Rise Due to Texting While Driving

Texting and Driving Everyone knows that texting while driving poses a danger on the road and can cause car accidents.  Likewise, with the popularity of cell phones, social media, and instant check-ins have only increased the publics risk for either being killed or gravely injured in a car accident. As a result, many states have banned the use of a mobile device while diving in an effort to curb the amount of car crashes. Statistics of Distracted Driving in 2014: 18 percent of car accidents were due to distracted driving 3,179 were killed and 431,00 injured because of distracted driving In the U.S. 660,000 drivers use...

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Grounds for Divorce

Divorcing in Illinois When your happily ever after seems to be taking a turn for the worse and divorce seems imminent, it can be an emotionally and physically taxing time.  Therefore, it helps to be aware of the different grounds for divorce, and how they will impact your proceeding.  One of the first steps is to file a Petition for Dissolution of Marriage.  In addition, the party that files this document is the Petitioner or Plaintiff, and the other spouse is the Respondent or Defendant.  The Petition for Dissolution of Marriage is a public document and is very brief and lists basic...

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What is a Living Will?

​Estate Planning with a Living Will A living will, which is often called a health care directive or advance directive is a legal document that provides the security that your end-of-life medical care will be what you want.  Contrary to the name, a living will is not similar to other documents which leave property at the time of your life.  A living will simply will direct medical professionals what your wishes are at the end of your life if you are unable to communicate.  Therefore, a living will have no power once you are deceased.  Creating...

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Divorce and Abuse of Parental Time

What Happens When a Parent Abuses Time with Their Children? Divorce is hard on a family, especially when children are involved.  Furthermore, when one parent abuses the allocated time with his or her children after divorce or separation, repercussions can occur.   If a parent of a child does abuse parenting time, the court may provide an expedited procedure and enforce the time appropriately.  In Illinois, both criminal and family court offers rights for allocation of parental time to divorced parents or those who had a child who were never married. Additionally, the laws for parental time applies to non-custodial parents who were...

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St. Louis Man Charged in Deadly Car Crash

​Pregnant 15-year-old Teen Killed In St. Louis, Missouri 21-year-old Brian Green pleaded guilty to his actions that occurred from a car crash that happened March 6, 2014.  Now, Green will serve three years in prison as he was charged with criminal action and second-degree involuntary manslaughter.  Green admitted he knew that his driving posed a substantial risk and that his actions could have killed someone thus leading to his charges. Sadly, the fatal car crash happened when Green sped his Acura up to 60 mph, went through a stop sign, and struck another vehicle and a tree.  Tragically, when the car struck...

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Divorcing in Illinois

Contested vs. Uncontested? In the state of Illinois as any other place, there are certain rules and regulations in regards to divorce.  Furthermore, when one spouse decides he or she wants to end a marriage, it is important to understand the difference between a contested and uncontested divorce and what is involved in both.   Contested Divorce A contested divorce is simply when both parties do not agree on the proceeding.  Often times, most items agued over are: One spouse does not want the divorce Child support amounts Property division Allocation of debts Spousal support or maintenance issues Child issues; living arrangements and visitations  Uncontested...

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Divorce: How are Property and Debts Divided?

Marital Property Divorce can be a messy process which can turn your financial and emotional world upside down.  However, there are many steps you can take to ensure your finances are not severely impacted for years to come especially when there is a large amount of marital property at stake.  In the state of Illinois, marital property is all things acquired subsequent to the marriage which in includes debts, property, and any other financial obligations.   Non-Marital Property ​It is also equally important to understand what assets are considered non-marital property as well.  Examples of such items include: Property...

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What You Need to Know About Personal Injury

What is a Personal Injury? A personal injury is an injury that happens to a person’s body, regardless of how it happened whether intentional or negligence.  Furthermore, personal injury takes the shape of many forms and it is important to know the basics to help if you or a loved one finds yourself with a potential claim.  Some Examples of Types of Personal Injury Cases Automobile accidents Slip and fall Dog bites Motorcycle accidents Pedestrian accidents Of course there are many other types of accidents which may fall into the category of personal injury cases, and those are only a few of...

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Amber Heard and Johnny Depp Settle Divorce

Heard Will Donate $7 Million Dollar Settlement to Charity Even celebrities cannot escape the downfall of divorce.  Furthermore, most recently, Amber Heard and Johnny Depp have settled their divorce for more than $7 million.  Sadly, the large settlement of the divorce comes after Heard accused Depp of domestic violence allegations which in turn won her the more favorable settlement amount.  Following the settlement news of the former couple’s divorce, they released the following joint statement:“Our relationship was intensely passionate and at times volatile, but always bound by love,” Heard and Depp stated.  Heard is now dedicating both...

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