Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier this month, it failed to do so. Some opposition continues, but we do expect the bill to be taken up again in the spring. In the meantime, we’ll be sharing a checklist of the current requirements for policies, procedures, and training in the IAASE blog next week. The final regulations issued last spring remain in effect and do make significant changes to the…
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For every divorcing couple, there will always be at least one issue that is likely to be contentious and cause issues during negotiations. For some couples, issues involving the children, such as the allocation of parenting time and parental responsibilities, can cause tension and difficulty. For others, the asset division process can be this source of tension. The financial side of divorce is extremely important to pay attention to, as it can greatly affect your individual finances for years into the future. Some people may even go as far as to attempt to hide certain assets from their spouse in…
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Following a divorce, if you had previously assumed the surname of your spouse, you have the option of returning to your birth or maiden name. This request can be included in a divorce petition, and it will typically be approved by the judge. To change your name later on, or to change the last names of your children, a separate court order must be filed. Changing the names of your children you had with your ex-spouse is more complicated than changing your own, and having an attorney with experience in name change cases can help immensely. Name Changes for…
In Dycus v. County of Edgar, Illinois, the Illinois Appellate Court ruled in favor of the county in a case involving a motorcycle accident, finding that the Tort Immunity Act protected Edgar County from liability.  In May 2018, the plaintiffs were riding their motorcycles on an Edgar County road. During their ride, the riders crashed and sustained injuries after encountering a road section that recently underwent repair to replace a culvert (a tunnel carrying a stream or drainage pipe). They sued the county arguing its actions amounted to negligence for failure to (1) repair the road, (2) inspect the…
Question:  Our firm is a ten attorney boutique litigation firm located in Memphis with four partners and six associates. We are in very early discussions with another firm in town that has three partners and four associates. We believe that a merger would improve our lawyer talent base and help us grow. In our last meeting the topic of firm name was discussed and it was an unpleasant discussion and we are concerned that we may a difficult time agreeing on the name of the firm. Is this a common issues and problem? Response:  Yes. Deciding on a name for…
What is Molly’s Law? Losing a loved one is always a tragic experience.  Losing a loved one and not being able to seek justice because of legal time limits is unconscionable. Until 2016, any wrongful death action had to be brought within 2 years of the date that the decedent passed away. In 2012, a young woman named Molly was killed by a gunshot wound to the head under mysterious circumstances. Molly’s father attempted to gain information about the incident through Freedom of Information Act (FOIA) requests, but they were not processed in a timely manner. By the time her…
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Any type of traffic stop can be a nerve-wracking experience, since even low-level traffic violations can result in fines, penalties to a person’s license, increased insurance rates, and other consequences. However, situations where a person may be suspected of driving under the influence of alcohol or drugs can be even more stressful, since a conviction on DUI charges can lead to driver’s license suspension or revocation, potential time in prison, and a permanent criminal record. In these cases, drivers will want to understand their rights regarding breathalyzer testing, including the potential consequences of refusing a blood alcohol test.…
Everyone knows who Sherlock Holmes is. Even if you haven’t read one of Sir Arthur Conan Doyle’s short stories featuring the famous detective, you’ve no doubt seen, or at least heard of, one of the many adaptations of Holmes and his adventures into other works of fiction, from other books and short stories, to movies and TV shows. He is known as the cold, calculating detective who sees clues everywhere, but is either incapable of taking into consideration the feelings of the people around him, or just lacks the patience to do so. That is the Sherlock Holmes of the…
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If you are a married parent who is thinking of getting divorced, you probably have concerns about how this will impact your child. You may also have concerns about how you and your child’s other parent will share custody of your child. In Illinois, child custody is divided into two primary components: allocation of parental responsibilities and parenting time. Parental responsibilities involve the decision-making authority a parent has regarding important issues in a child’s life, while parenting time is the actual time a parent spends caring for their child. If you are like many parents facing a potential…
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Most adults struggle to get enough sleep at night. Whether it is a tight deadline at work, child-related responsibilities, insomnia, or another cause, studies show that a large percentage of Americans are sleep-deprived. Inadequate sleep can have a major impact on a person’s physical and mental functioning. When a sleep-deprived individual gets behind the wheel of a car, he or she is significantly more likely to be involved in a car accident than someone who got enough sleep. Vehicle crashes caused by fatigued drivers lead to thousands of injuries and deaths each year. Do Not Underestimate the Effect of Sleep…
What’s going on with the travel bans? Can I start planning travel to the U.S.? There’s been a bit of confusion regarding the lifting of the travel bans. On Monday, January 19th, Trump signed an order lifting the travel bans from Ireland, the UK, most of Europe, and Brazil. This news was followed by an announcement from the Biden Administration, stating that they would NOT be lifting any travel bans. Jen Psaki, a Biden spokeswoman stated, “with the pandemic worsening, and more contagious variants emerging around the world, this is not the time to be lifting restrictions on international travel.”As…
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When it comes to the people responsible for a crime, in some cases, it can be more than just the offender who is held responsible for the commission of the crime. This is the basic idea behind the concept of criminal accountability. In the state of Illinois, it is legal for a person to be arrested and charged for simply knowing about a crime that someone else committed. While this may seem unfair, the law of accountability has actually helped Illinois law enforcement with the prosecution of criminal organizations and gang members. However, the law of accountability can also unfairly…
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The period immediately following your divorce can be among the most challenging times of your and your family members’ lives. If you are a newly divorced person who shares children with your former spouse, you and your kids may be entering into uncharted waters over the next few months. Both you and your children are likely to be experiencing a sense of grief, though this emotion arises differently for different people. There is no “one size fits all” approach to overcoming your post-divorce emotions, but how you handle the transition period can help your kids move forward into your new…
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Under any circumstances, raising a teenager is a challenge and parents may encounter significant struggles when trying to juggle child custody and visitation issues after a divorce. Not only must you address typical teen drama, but you will also need to coordinate with each other on the allocation of parental responsibilities and parenting time.   During divorce proceedings, you will go over such issues in connection with the Illinois statute on parenting plans. The problem is that, while the law includes details on the legal requirements and court proceedings, it provides little guidance on how to implement a parenting plan…
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Contributed by Carlos Arévalo, January 18, 2021 A guy looks at his watch with a train going away in the background. On the last day of 2020, the US Department of Labor (DOL) issued an opinion letter impacting employers using telework arrangements in light of the COVID-19 pandemic.  While a vaccine is now rolling out and we will hopefully get the pandemic under control in 2021, this opinion letter provides guidance to employers that have had to institute remote and hybrid work policies and/or arrangements with their workforce.  Specifically, the opinion letter addressed two general scenarios:  Employee has a…
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As part of the transition from being married to being single that occurs in a divorce, Illinois couples are required to equitably divide all marital assets and debts. This is an issue that can lead to much conflict, and the outcome can have serious financial implications for both spouses. As such, it is important to be prepared by understanding the assets you will be expected to divide and how you can do so in a way that protects your interests. Examples of Marital Assets Illinois law defines marital assets as any properties that are acquired by either spouse…