Dupage County Lawyers

Author: Wolfe & Stec

Illinois has some of the strictest gun laws in the country, and penalties for violating them can be severe. If you are caught violating concealed carry laws, punishments can range from a misdemeanor for a first offense to a class 3 felony for a subsequent offense, which can be punishable by five years in prison and a fine of $25,000. Anyone arrested for carrying a concealed firearm without a permit or violating the terms of a concealed carry permit should seek the help of an attorney. The experienced Illinois gun violation attorneys at Wolfe & Stec, Ltd., know Illinois gun control...

Divorced dads in Illinois see their children less.

Illinois fathers are not getting enough time with their children.  Although, officially, fathers are supposed to have more rights today than they had years ago when mothers were almost always granted primary custody of the children, in actuality Illinois dads see less of their children than dads in most other states. According to a new study by Custody X Change, a Utah-based company that sells software to help divorced parents create parenting plans, Illinois ranks in the bottom five states for the amount of custody time dads get to spend with their kids.  The study showed that Illinois children spend an average...

When Is It Healthier to Leave a Bad Marriage?

What are the consequences of staying in a bad relationship longer than you should?  While no one wants to go through a divorce, if your marriage is really on the rocks, new research shows that staying in a miserable marriage can actually be bad for your health, far worse than striking out on your own. According to a long-term study of 373 married couples conducted by the universities of Nevada and Michigan, constant strife and arguments about core issues such as children, money, in-laws and leisure activities, all negatively activate the release of stress hormones. This has negative consequences that include...

Illinois Divorce Attorney

The divorce rate in the United States has been high for decades, but now, thanks to millennials, marriages today have a greater chance of lasting than they have for years. According to United States Census Bureau statistics, people under 45 are helping drive down the divorce rate. In addition, a new study by University of Maryland professor Philip Cohen shows that the U.S. divorce rate dropped by 18 percent from 2008 to 2016, and that this downward trend is due to fewer divorces among younger people. These statistics contrast with the high divorce rate still prevalent among older couples. Baby boomers, even those...

How Is Credit Card Debt Split in Divorce?

Married people often have credit cards in common and don’t always think about who is making purchases on them, but what happens when divorce enters the picture?  Determining how credit card debt gets split in divorce presents unique issues, so Illinois has specific rules for assigning responsibility between divorcing spouses. It’s important to be aware of them so you don’t get stuck having to pay for charges run up by your spouse. There are times when even if your spouse was the one who incurred the debt on a credit card, you may be held responsible. In addition, creditors may be...

What Does a Speedy Trial Mean?

The right to a speedy trial is a fundamental principle in our criminal justice system. According to the Sixth Amendment to the Constitution, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” The amendment guarantees a trial within a set period of time, and it prevents the prosecution from unnecessarily delaying your trial. In addition, the state of Illinois also provides a corresponding right in the Illinois Speedy Trial Act, 725 ILCS 5/103-5. However, despite these guarantees, a speedy trial does not always happen, and our justice system often falls short of this goal. While there are...

Understanding “Joint Custody” Laws in Illinois

In an ideal world, parents who are divorcing should be able to negotiate and come to an agreement as to custody and visitation issues, and the well-being of the child should come first.  Unfortunately, this does not always happen, and the courts may need to step in. While people often want to know about joint custody laws in Illinois, it’s important for parents to understand that the terminology used in the state has changed. In 2016 the Illinois Marriage and Dissolution of Marriage Act was updated to remove the terms “custody” and “visitation” and substitute the terms "parenting time" and "allocation of parental responsibilities."...

What Is a Class 4 Felony in Illinois?

In Illinois, crimes are classified according to how serious they are.  Misdemeanors are less serious than felonies, which are broken down into five classifications, from most serious to least: Class X, Class 1, Class 2, Class 3 and Class 4. Although a Class 4 felony is the least serious of all felony charges, it still is a serious charge, with serious punishments. A prison sentence for a Class 4 felony conviction is 1 to 3 years, and Class 4 felony convictions can also include fines of up to $25,000. Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance,...

What Happens to Debt When You Get Divorced?

When couples divorce, who gets stuck with the debts run up during the marriage? Just as assets are shared in marriage, debts may be as well, so it has to be determined which party should be responsible for what debts. Sometimes, even if your spouse was the one who incurred the debt, you may still have to pay it; and creditors may be able to go after you for debts held jointly if your former spouse doesn't pay. The experienced and compassionate Illinois family-law attorneys at Wolfe & Stec, Ltd. understand that debt is a major issue for people going through...

How Is Child Support Calculated in Illinois? 

When parents divorce in Illinois, child support is determined by a formula that changed on July 1, 2017, when Public Act 99-764 amended the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Instead of the old method of relying on the net income of the non-custodial parent, there is now an income-share system that holds both parents accountable for child support based on how much they financially contributed to the combined household income while married. Many factors affect the amount of child support, and each situation is different; so if you are having issues with child support, it pays to seek legal...

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