Important Family Law Terms to Know

Rolling Meadows Divorce Attorney

During your divorce, you will likely encounter many new terms you did not know previously. This does not mean you are uneducated; most people who have not gone through a divorce do not know certain terms in and out of court to discuss a couple’s divorce. To help yourself understand the divorce process better, familiarize yourself with the following terms. During your initial meeting with a divorce lawyer, ask about any terms you do not understand and how they relate to your case. The more you know about divorce and its related terms, the better equipped you will be to work collaboratively with your lawyer to advocate for your interests and rights.

Party

The court definition of “party” is a bit less fun than the definition you are used to. In court, each individual is known as a “party.” You are one party and your spouse is another party. Each party has rights in court, such as the right to give their own testimony and the right to secure their own legal representation. A third party may become involved in your case, such as a child custody evaluator. The party who files the divorce petition is known as the petitioner and the other spouse is known as the Respondent.

Pleading

A formal written document submitted to the court seeking relief is known as a pleading. Types of pleadings include petitions, responses, and motions.

Petition

A petition is a specific type of pleading that asks the court to take a certain action to provide specific relief. To have the court open a divorce action, a Petition for Dissolution of Marriage must be filed.

Order

An order is a written decree by a judge. Orders are necessary to state the court’s ruling and provide a guideline for the parties to follow afterward. An order might include a spousal maintenance order, a Qualified Domestic Relations Order, or a Final Decree of Dissolution of Marriage Order, which is the order that officially ends a couple’s marriage.

Discovery

The discovery process is the process through which the parties involved in a case and the court learn about the circumstances at play. For example, the discovery process might require both parties to discuss their finances and submit financial documents to support their claims. The discovery process may include interrogations, which are written questions that must be answered truthfully, and depositions, which are oral interviews given under oath.

Filing

All documents must be filed with the court in order to become official parts of the court record. When you file your divorce petition, your response, and any other relevant documentation with the clerk of the court, the document is stamped with its date of filing to confirm that it is part of the official court record.

Hearing

A hearing is the process through which a judge hears and reviews the arguments put forth by each party involved in a divorce. You may have to attend multiple hearings before your divorce is finalized.

Pendente Lite

Pendente lite arrangements are temporary arrangements made prior to the court’s final hearing. A pendente lite arrangement may be made for spousal maintenance, child support, parenting time and responsibilities, and occupation of the marital home. These arrangements are made to create some order and avoid financial difficulty for the divorcing parties and their children while their divorce is pending.

Contempt

When the court issues an order, it must be obeyed. Deliberately disobeying a court order is known as contempt of court and it can lead to civil or even criminal charges. One prominent example of this is failure to pay one’s ordered child support, which can result in wage garnishment, seizure of the individual’s tax return, liens against his or her property, and the suspension of his or her driver’s license.

Work with an Experienced Rolling Meadows Family Lawyer

Speak with an experienced Rolling Meadows divorce lawyer to learn more about the terms you will encounter during your divorce. Contact the Law Offices of Donald J. Cosley to schedule your initial consultation with Mr. Cosley, during which he will take a closer look at the details of your case to give you personalized legal advice about taking the next steps in your divorce.

How to Protect your Rights During a DUI Traffic Stop

Rolling Meadows Criminal Law Attorney

In Illinois and the rest of the United States, it is illegal to operate a vehicle if your blood alcohol concentration (BAC) is 0.08 percent or higher. For individuals driving commercial vehicles, the legal limit is 0.04 percent. If you are found driving with a BAC at this level, you can be arrested for driving under the influence (DUI).

A DUI conviction can have penalties that impact your life for years after the initial arrest. These include fines, insurance surcharges, and lengthy driver’s license suspensions. In some cases, penalties for a DUI conviction can also include jail time. If you are pulled over for allegedly driving drunk, how you conduct yourself during the traffic stop can have a significant impact on whether you are charged with DUI and ultimately, whether you are convicted. Know your rights, such as your Miranda rights, during the stop and assert them at all times. The officer might attempt to coax you into admitting that you had been drinking by behaving in a conversational manner – do not fall for this. You have the right to remain silent during interactions with law enforcement, you have the right to refuse to complete a field sobriety test, and you have the right to decline an officer’s request to search your vehicle without a valid search warrant or reasonable suspicion for the search.

What to Expect During a DUI Traffic Stop

Expect the officer may say something that would allow you to incriminate yourself. One common trick is to ask a driver, “how much did you have to drink tonight?” You might think the correct answer is something that downplays how much you drank, such as stating that you had only one beer, but this is incorrect. Do not admit to consuming any alcohol.

Expect instructions, such as a request that you step out of the vehicle or that you provide the officer with your driver’s license, proof of insurance, and vehicle registration. Follow these instructions.

You can also expect to be read your Miranda warning, which states that you have the right to remain silent during interactions with law enforcement. You can also expect a truthful answer from police if you ask whether a requested task, such as a field sobriety test, is mandatory or voluntary.

You Can Refuse a Field Sobriety Test, you Cannot Refuse a Breathalyzer

Although you technically can refuse a chemical BAC test, which is generally conducted with an electronic device known as a Breathalyzer, it is not in your best interest to do so. Refusing a chemical test can result in a one-year suspension of your driver’s license.

Field sobriety tests, on the other hand, can legally be refused. In fact, you should refuse to complete these tests if you are asked to complete them because they are designed to incriminate you. Even perfectly sober drivers can easily fail roadside sobriety tests because not only are they fairly difficult, but the stress of being pulled over and having to complete physical tasks next to moving traffic and the siren lights of the police cruiser can make it impossible to fully comprehend the officer’s instructions and complete the tasks.

Field sobriety tests often include the following:

• One-leg stand. In this test, the driver is required to balance on one leg;
• Horizontal gaze. This test requires the driver to follow a beam of light with his or her eye while the officer checks for sudden muscular jerks in the eye; and
• Walk and turn. In this test, the driver takes nine heel-to-toe steps in a straight line, then turns on one foot and walks back in the same manner.

Tips for Interacting with Law Enforcement During a DUI Traffic Stop

During your interaction with an officer, be polite, yet firm when asserting your rights. You are not required to provide the officer with anything other than your driver’s license, vehicle registration, and proof of automobile insurance. Keep the following tips in mind:

• Do not admit to drinking. When asked, provide neutral answers or no answers at all;
• Do not admit to any other illegal activity, such as speeding or driving with an expired registration sticker on your vehicle;
• Do not be aggressive or belligerent; and
• Stay in the vehicle unless the officer asks you to exit.

Work with an Experienced Rolling Meadows DUI Attorney

Many people mistakenly assume that a DUI arrest automatically means a DUI conviction. This is not true. You absolutely can have your charge dropped with the right defense strategy and in nearly all circumstances; you absolutely should try for this goal. To learn more about fighting a DUI charge, speak with experienced Rolling Meadows DUI defense attorney Donald J. Cosley at the Law Offices of Donald J. Cosley. Contact our office today to schedule your initial legal consultation.

Navigating your Divorce During Tax Season

Rolling Meadows Divorce Attorney

Getting divorced is a life-changing financial event for most individuals. Through your divorce, you go from being part of a team that holds joint assets and can provide two or more income streams while enjoying benefits like the ability to file your tax returns jointly. After your divorce, you have to live your financial life as a single person once more, only now you might face new expenses like debt related to the divorce and spousal or child support payments. If your divorce is pending during tax season, talk to your lawyer about the tax issues you can face and how to navigate them.

Should I File for Divorce Before or After I File my Taxes?

You might be considering putting off your divorce until after you file your tax returns for last year. There are benefits to filing your taxes jointly, such as higher income thresholds for certain deductions.

Putting off your divorce until after tax season can also help you avoid the headaches of balancing the demands of the divorce and the demands of filing your taxes. Getting divorced can be expensive, so if you anticipate owing money to the government after your taxes are filed, taking care of this expense before accruing new ones through the divorce process can be a smart strategy.

Before you are divorced, all of your marital assets and debts both partners’ responsibility. This includes the money received through your tax return, if you receive overpayment compensation. This money may be considered in your property division settlement, as will the tax burden of each marital asset. When the court divides a divorcing couple’s assets, it tries to do so as equitably as possible to avoid creating an unfair financial burden on one partner.

Pitfalls to Avoid if you are Divorcing During Tax Season

Just because you can file your taxes jointly does not mean you have to. In some cases, such as those where the partners do not want to be liable for each others’ tax liabilities, it can make sense to file taxes as married, filing separately.

If you do file your taxes jointly and then find yourself saddled with liabilities and penalties incurred by your spouse, you can seek relief from the IRS. Talk to your lawyer or your accountant about Innocent Spouse Relief, Equitable Relief, and Separation of Liability Relief to avoid having to pay for your penalties or tax liabilities.

Consider filing as Head of Household if you qualify. In order to qualify for this status, which can lower your tax bill by giving you access to certain deductions, you must be divorced or have been living separately from your spouse for at least six months. To qualify as Head of Household, you must maintain the home where your child resides and pay more than half of the household expenses for the home. You can do this even if you do not claim your child as a dependent.

Filing your Taxes After your Divorce is Finalized

If you have already completed your divorce, know the tax procedures you will face as a newly-divorced individual. If you make spousal maintenance payments, you can deduct it on your tax return. If you receive spousal maintenance payments from a former spouse, you must report it on your tax return.

If your child spends more than half of his or her time in your home, you may claim him or her as a dependent. Some couples determine which partner will claim the child as a dependent in their divorce settlement. If you did not do this, the parent who has the bulk of the child’s parenting time has the right to claim him or her. Both parents cannot claim the child as a dependent. The parent who claims their child as a dependent can also claim the Child Tax Credit.

Work with an Experienced Rolling Meadows Divorce Lawyer

If you are considering filing for divorce in the near future, work with an experienced Rolling Meadows divorce lawyer who can help you work through every issue at play in your divorce. Donald J. Cosley of the Law Offices of Donald J. Cosley can provide the advice and representation you need to adeptly move through each step of the divorce process while outside factors, like tax season, are a concern. Contact our office today to schedule your free consultation with Cosley Law Office.

What is the Difference Between a Divorce and a Legal Separation?

Rolling Meadows Divorce Attorney

When a married couple cannot live together peacefully, they should get divorced, right? Not necessarily. Although divorce can be the healthiest choice for a couple who is constantly in conflict, it is not the only choice. For many couples, legal separation provides an alternative to divorce that allows each partner to remove themselves from a toxic household without severing the bond of their marriage. Couples choose legal separation for a variety of reasons, such as a lack of funds to complete the divorce process, religious convictions, and as a "trial divorce" if they are not sure if divorce is truly right for them.

Differences Between Legal Separation and Divorce

The main thing to remember about a legal separation is this: legally separated couples are still married. This means that they cannot remarry without first completing the divorce process. It also means that any baby born to a separated mother is automatically deemed to be the child of her partner, even if this is not actually the case. If you choose to legally separate and your former partner becomes pregnant by a new partner, speak with a family lawyer about your rights and obligations to this baby as well as having yourself relieved of them.

A divorce legally dismantles a marriage. When a couple divorces, they lose all the benefits they had during their marriage, such as the ability to file their taxes jointly, the right to coverage under each other's healthcare insurance, and the ability to hold assets jointly.

Why Would a Couple Choose Separation Over Divorce?

There are a few reasons why a couple might choose legal separation over divorce. One of these is religious conviction. In many religions, divorce is a sin. To avoid sinning, religious couples often choose legal separation.

Couples who are not sure if they want to be divorced or not might also seek legal separation. This can provide an opportunity for a "trial divorce," during which the couple can see what it is like to live apart from each other. This trial can have many different results, such as the couple choosing to file for divorce, the couple getting back together, or the couple opting to remain legally separated, living separate lives but remaining legally married.

Couples might also consider legal separation in order to continue to receive the financial benefits that come with a marriage. These include filing their taxes jointly and accessing each other's employment and government benefits. Sometimes, couples legally separate with the intention of divorcing later in order to become eligible for Social Security divorced spouse benefits. In order to receive these, an individual must have been married to a Social Security recipient for at least 10 years.

Sometimes, legal separation is a strategic way to complete the divorce process more smoothly. Some couples use their legal separation agreements to divide their assets, eliminating their pool of marital assets before they file for divorce. When they do file for divorce, they might have only a few assets to divide or none at all, making the process much easier to complete.

Seeking a Legal Separation in Illinois

Couples can seek legal separation by petitioning to the Clerk of the Circuit Court where one or both parties live. At least one of the partners must be a resident of Illinois. If the petitioning partner can prove that he or she lives physically separate from his or her spouse and that he or she is not the cause of the separation, the couple may create and sign a separation agreement that the judge will then notarize.

If the couple has children, a parenting time and child support agreement must be developed as part of the separation agreement.

Work with an Experienced Rolling Meadows Divorce Lawyer

You might feel like a divorce is the solution to your marriage's problems, and this could very well be the case. But divorce is not always the only option for some couples. After learning more about legal separation, you might find that it is a better choice for you and your partner. After living apart, you might find that divorce is, in fact, the right choice for you or you might find that you and your partner can work out your issues and repair your marriage. You might also find that remaining legally separated indefinitely is the right choice. For answers to your questions and guidance to make difficult decisions about your marriage with confidence, work with experienced Rolling Meadows divorce lawyer Donald J. Cosley. Contact the Law Offices of Donald J. Cosley today to schedule an initial consultation.