Aldrich & Siedlarz Law, P.C. | Blog - Aldrich & Siedlarz Law, P.C.

Identifying Separate and Marital Assets

Posted on December 30, 2020

IL divorce lawyer When legally ending a marriage in Illinois, couples are required to divide their marital assets in an equitable manner. This makes the determination of whether an asset is marital or separate extremely important, so if you and your spouse are contemplating divorce and you have questions about whether you will need to share a certain asset, it is important to speak with an experienced Lombard, IL property division lawyer who can help you.

Separate vs. Marital Property

In Illinois, the date of a couple’s marriage is usually used to differentiate between the separate and marital assets of two parties. Generally, anything that one spouse owned before marriage will remain his or her property even in the event of divorce. On the other hand, anything purchased or acquired after a marriage takes place, whether by one spouse or by both spouses together, is considered marital property and must be divided in an equitable manner.

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Posted in Divorce | Tagged division of assets Lombard divorce attorney marital assets property division separate property

Deciding Who Gets the Family Home During Divorce

Posted on December 17, 2020

IL divorce lawyer For many couples, the family home is their most valuable asset, which can make deciding the fate of that residence especially complicated in the event of divorce. Fortunately, couples do have a number of options when it comes to deciding who gets the family home in the divorce, options that will depend largely on a specific set of questions, so if you and your spouse have decided to end your marriage, you should speak with an experienced property division lawyer in Lombard, IL who can evaluate your circumstances and advise you accordingly.

Is the Home Marital Property?

One of the most important questions that divorcing couples must address when going through the property division process is whether their home qualifies as marital property. Under Illinois law, a couple’s property is only subject to equitable distribution if it was acquired after the marriage took place. Otherwise, the asset will be considered separate property and remain in the sole possession of the original owner.

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Posted in Divorce | Tagged family home Lombard divorce attorney Lombard family lawyer marital property property division

Illinois Shoplifting and Retail Theft Charges

Posted on December 10, 2020

IL criminal lawyer The penalties faced by a person who has been accused of retail theft in Illinois are some of the most severe in the U.S. For instance, defendants convicted of shoplifting items worth $300 or more face up to five years in prison and fines of $25,000. To ensure that you are not unfairly convicted of retail theft or a similar crime, please reach out to our experienced Lombard, IL retail theft lawyers today.

Defining Retail Theft

Retail theft is defined under Illinois law as the taking of merchandise without paying for its full value. Because it is so broadly defined, a number of different activities fall under this category. For instance, a person can be charged with retail theft if he or she has been accused of leasing property and failing to return it to the owner on time. Other forms of retail theft include:

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Posted in Criminal Defense | Tagged Illinois retail theft laws Lombard shoplifting lawyer retail theft shoplifting shoplifting defenses

Domestic Battery Charges in Illinois

Posted on November 27, 2020

IL defense lawyer Those who have been charged with domestic battery face serious penalties, including jail time, making it especially important for those who have been accused of this offense, to speak with an experienced Lombard, IL domestic battery attorney as soon as possible about their defense strategy.

What Is Domestic Battery?

Under Illinois law, a person commits domestic battery if he or she:

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Posted in Criminal Defense | Tagged domestic abuse domestic battery felony offense Lombard defense attorney Lombard domestic violence attorney

Options for Clearing Your Criminal Record in Illinois

Posted on November 17, 2020

IL defense attorney Many people who are arrested or charged with a crime are surprised to learn that even if they are found not guilty, or their charges are dropped, they will still have a criminal record. These records can be accessed by the public, which can have significant repercussions for a person’s ability to find employment or secure housing. While it is possible to have one’s criminal record erased or sealed, doing so can be difficult, so if you were arrested for, charged with, or convicted of a crime in Illinois, you should speak with an experienced Lombard, IL expungement lawyer who can walk you through your options for clearing your criminal record.

How to Clear Your Criminal Record

There are actually three ways to clear one’s criminal record, the first of which is expungement. Expungement proceedings completely erase a person’s record of arrest or court supervision. Sealing, on the other hand, allows a person to hide his or her criminal record from most members of the public. Some individuals and entities will still have access to sealed records, including law enforcement agencies. Similarly, employers that are required by law to conduct background checks will be able to see sealed felony convictions, although they will not be able to see any misdemeanor convictions or cases that did not result in a conviction. Those who do not qualify for expungement or sealing could apply for a pardon from the Governor. This method does not, however, erase or hide a conviction. Instead, those who have received a pardon will have the option of applying for expungement.

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