Posted on February 13, 2019 in Divorce

Going into your divorce, you need to have a plan for how you're going to rebuild your life — financially, physically and emotionally — once the divorce is done.

Here are some tips for regaining your emotional footing once the divorce is over:

1. Start figuring out what makes you happy.

You may have gotten so used to doing things as a couple that you aren't sure how to enjoy yourself while you're alone. Or, if the marriage was particularly difficult, you may have spent so long stifling your own interests that you've forgotten what you enjoy doing. Start experimenting with hobbies. Spend some time thinking about what you really enjoy and challenge yourself to do one new thing every week until you reawaken your passion and zest for life.

2. Find a new circle of friends.

A lot of divorced people find that their social circle isn't as supportive as they need it to be — especially if they had a lot of couple friends. You may not really even feel like hanging out with some of the same people that you did when you were married. Start looking up old friends and meeting new ones. Introduce yourself to strangers when you go out — or seek out a support group.

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 Posted on February 13, 2019 in Divorce

The process of ending a marriage is complicated, but it may be even more complex for couples who are over a certain age. Couples age 50 and up are making the choice to end their marriages at a higher rate than other demographics, leading to the term gray divorce. In many cases, gray divorce involves several complex financial factors, such as retirement and division of extensive marital property.

The number of gray divorces is rising, even as the divorce rate in other age brackets is declining. In fact, the last 50 years has seen the divorce rate for people age 50 and up more than double. Reasons for this include longer life expectancy and less stigma surrounding divorce.

The financial impact of gray divorce

When a couple divorces, it is often because they are unhappy and want the opportunity for personal fulfillment in the future. In addition to the prospect of future happiness, it is critical for a person facing a gray divorce to also consider the financial impact of this choice. If you are walking through this process and nearing retirement age, the following financial considerations may be important:

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 Posted on February 08, 2019 in Family Law

Premarital agreements are no longer discussed in hushed tones these days — they're fashionable among the wealthy and the not-so-wealthy alike. The change in attitude toward prenups has largely developed as a result of two factors: the rise of the entrepreneur in American and the number of people who are delaying their marriages until they're more financially stable. Both groups of people have things they want to protect if their marriages sour.

But, if you're relying on a prenup to keep your assets safe in a divorce, there are some things you need to know. Your prenup could be invalid if:

1. You pressured your spouse into signing.

The court will call foul on a prenup that was signed under duress. What kind of duress? The standards may vary a bit from state to state (or even judge to judge), but duress can be any kind of unreasonable or unconscionable pressure. For example, did your family pressure you into springing a prenup on your fiance after she already gave up her apartment, quit her job and moved halfway across the world to marry you? Did you hand your beloved the prenup to sign when he was drunk? Either could be a problem.

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 Posted on January 30, 2019 in Divorce

For parents, the hardest part of a divorce may be the effect it has on their children.

Fortunately, there are things you can do that will mitigate the emotional damage from a divorce on your own child. Here are the things to keep in mind:

1. Remember that your child is unique

Don't get caught up in all the statistical information out there about the effects of divorce on children. None of the available statistics are going to tell you how your child is going to react.

2. Remember that the first year is the hardest

The first year following a divorce is hardest on everyone. It's the first "everything," including summer vacation, Christmas and birthdays — without an intact family unit. It gets easier as everyone settles into a new normal routine.

3. Understand that your child's age plays into your child's reaction

Very young children may feel confused or frightened at having to travel between two homes. School-age children may blame themselves for the divorce — especially if the parents fought over issues related to their upbringing. Teenagers may act out socially or withdraw. They may even choose sides. You have to tailor your reaction not only to your individual child but to his or her age group. Be willing to seek professional help if the situation seems over your head or out of control.

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 Posted on January 25, 2019 in Criminal Defense

The Chief Judge of the Southern District of Illinois has issued a dire warning about the consequences of the federal government's ongoing shutdown on the justice system.

There are many obvious pain points related to the shutdown — including the vast numbers of unpaid federal workers. However, many of the shutdown's less visible consequences to the criminal justice system are also serious.

One of those consequences is the inability to pay expert witnesses for their testimony. These witnesses are often used in drug cases to challenge the state's claims of a drug's purity. This can drastically affect a sentence if the defendant is convicted.

Another problem the courts will soon face is the inability to pay jurors the $50 per diem they are due for their service. While that might seem trivial to some, it probably doesn't to the jurors — many of whom must take time off from their jobs to do their civic duty.

The judge is concerned that some jurors may rush their decisions on trials rather than face the prospect of too many days without any kind of income. Allowing only those who can "afford to serve" act as jurors would deprive defendants of a true jury of their peers since it would put only a select few in the jury box.

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 Posted on January 15, 2019 in Criminal Defense

Attorney Alex Fawell is selected to the Illinois Rising Stars list for 2019. Alex is a managing partner at Fawell & Fawell who represents clients in family and criminal law matters.

Earning this honor only four years into his legal career is a significant achievement, and further signifies the high level of excellence Alex brings to his clients every day.

Overview of the nomination process

Attorneys of merit are anonymously nominated for selection to the Super Lawyers/Rising Stars list each year. Every nominee is carefully researched by third parties and reviewed by their peers. They must also be approved by a panel of credentialed attorneys.

Attorneys selected for the Rising Stars list comprise less than 2.5 percent of attorneys in Illinois. In addition to this rigorous selection process, nominees for the Rising Stars list must have been in practice for less than ten years. These attorneys show significant achievement early on in their legal career and show considerable promise for the future.

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 Posted on January 09, 2019 in Divorce

It takes strength to leave an unhappy marriage. People sometimes think of divorce as a failure of sorts, but the reality is that it's much easier to stay in a dysfunctional relationship and maintain the status quo than it is to leave one and start again.

That being said, there are some mistakes that you don't want to make on your new-found path to freedom — especially if you have children, including:

1. Airing all their "dirty laundry" in public

It's one thing to tell your best friend, your therapist and your parents about your spouse's cheating and other marital failures — but it's quite another to blast all your private issues all over the neighborhood or on Facebook. Your spouse may not be your spouse much longer — but he or she is still going to be your children's other parent forever.

The short-term vindication you may get from vilifying your spouse (no matter how justified) isn't worth the damage you could do to his or her reputation — and your children's feelings. Imagine for example, how your children may feel if the whole neighborhood suddenly becomes aware that their mother is a gambler, or their father is a drunk and a womanizer? If you kept something private before your divorce for the sake of your family, think twice before you choose to reveal it now.

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 Posted on January 03, 2019 in Criminal Defense

As another holiday season moves past, thousands of Americans will be anxiously awaiting the results of the genealogy tests they received as presents.

Law enforcement officers may also be waiting on the newest addition to what has become an increasingly useful tool when it comes to closing cold cases: DNA databanks.

As recently as November 2017, the 2001 murder of a 25-year-old woman was solved thanks to DNA that was left behind at a crime scene and modern-day genetic testing that identified the killer. It was the 24th time since April that suspects in crimes have been identified the same way. At least two of the cases that have been solved had plagued investigators for 30 or more years.

The majority of the cases have been cracked with the aid of genetic genealogists at Parabon NanoLabs. Genetic genealogy is an emerging discipline that allows researchers to track an unknown individual — in this case, a suspected killer — through the genetic data submitted to genealogy databases by their families. The data gleaned from all of those genetic tests that people take seeking to learn more about their ancestry can then be used to enhance things like the Combined DNA Index System (CODIS), which is used by the law enforcement.

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 Posted on December 26, 2018 in Family Law

Relocating after your divorce can be tricky if you have a child.

Even if you have primary physical custody of your child, that doesn't mean that the court will automatically allow you to relocate a significant distance away from the child's other parent. A long-distance move could significantly interfere with that parent's visitation rights — and might not be best for your child.

Before you approach a family court in California about relocating, it's important to understand the way that the court will evaluate such a request. In general, the court will always put the best interests of your child ahead of your personal or professional goals.

That being said, here are some possible reasons for relocating that the court might consider acceptable:

• You want to move back to an area where you have close relatives who can provide a strong support system for your children.
• You have a job opportunity in another area that could significantly improve your child's economic situation.

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 Posted on December 24, 2018 in Criminal Defense

When facing a serious criminal situation, many Illinois residents may not fully understand their legal options. While you likely know that you have the ability to create and present a criminal defense against any charges you face, you may not know about certain deals or agreements that could potentially result in your facing lesser consequences for the alleged crime.

Plea bargains or plea deals are not an uncommon tool in criminal justice cases. Often, these deals result in individuals receiving lesser consequences or the dismissal of certain charges for pleading guilty to other allegations. However, you may not have heard of cooperation agreements or non-prosecution agreements.

Cooperation agreement

As the name suggests, a cooperation agreement may come into play if a person chooses to cooperate with authorities. This type of agreement may not be an option in your case. However, in the event that it is, here is some information about this type of agreement to consider:

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