Blog | SpyratosDavis LLC https://www.spydavlaw.com/blog Sun, 15 Nov 26 00:57:30 +0000 Blog | SpyratosDavis LLC en-gb https://www.spydavlaw.com/blog/is-there-such-a-thing-as-pet-custody-in-an-illinois-divorce https://www.spydavlaw.com/blog/is-there-such-a-thing-as-pet-custody-in-an-illinois-divorce Illinois law doesn’t treat pets like children in divorce proceedings, but it also no longer treats them exactly like other property. Since 2018, judges in Illinois have been required to consider a pet’s well-being when deciding who keeps it. A court can even award joint ownership and responsibility. A Kane County, IL divorce attorney can help you plan for your pet as part of your 2026 divorce settlement. How Does Illinois Law Handle Pets in a Divorce? Pets are still considered property in Illinois. Under 750 ILCS 5/503(n), if the court finds that a companion animal is a marital asset, it "shall allocate the sole or joint ownership of and responsibility for" the animal. In doing so, the court has to take the animal’s well-being into account. Family Law Fri, 13 Nov 26 00:00:00 +0000 https://www.spydavlaw.com/blog/can-i-sue-if-i-wasnt-using-a-sidewalk-when-a-car-hit-me https://www.spydavlaw.com/blog/can-i-sue-if-i-wasnt-using-a-sidewalk-when-a-car-hit-me Pedestrian accidents often happen in places without sidewalks. Many rural roads or older subdivisions in Illinois don't have sidewalks at all. In other areas, a sidewalk may be there but blocked by snow, construction, or parked cars. Walking in the road doesn't automatically stop you from suing a driver who hit you. Illinois drivers have a duty to watch out for pedestrians wherever they are. Where you were walking may have an effect on how much you can recover, though. A Lake County, IL pedestrian accident lawyer can help you understand your options after a 2026 accident. Where Does Illinois Law Allow Pedestrians to Walk? Illinois has specific rules for pedestrians walking along a road (625 ILCS 5/11-1007). Which rule applies depends on the situation: Personal Injury Tue, 27 Oct 26 00:00:00 +0000 https://www.spydavlaw.com/blog/what-do-i-do-if-my-spouse-won-t-compromise-on-anything-in-our-divorce https://www.spydavlaw.com/blog/what-do-i-do-if-my-spouse-won-t-compromise-on-anything-in-our-divorce A contested divorce happens when spouses can’t agree on one or more issues, such as property division, financial support, or parenting time. When one spouse refuses to compromise on anything, the case can take longer and cost more. While this can be emotionally taxing, it doesn’t mean you’ll be left with an unfair final divorce agreement. Illinois courts have ways to move a case forward and decide on issues when one person won’t negotiate. Our McHenry County, IL divorce attorney can help you understand what options will help you during your 2026 divorce case. Can Your Spouse Stop an Illinois Divorce by Refusing to Agree? Your spouse can’t prevent a divorce, even if they refuse to compromise on any issue. Illinois is a no-fault state, and the only ground for divorce is irreconcilable differences. If you’ve lived separate and apart for at least six months before the judgment, the law will allow your divorce to proceed, even if your spouse says otherwise (750 ILCS 5/401). Divorce Thu, 15 Oct 26 00:00:00 +0000 https://www.spydavlaw.com/blog/can-i-get-compensation-if-i-was-injured-in-an-illinois-grocery-store https://www.spydavlaw.com/blog/can-i-get-compensation-if-i-was-injured-in-an-illinois-grocery-store Grocery stores are a common place for injuries like slip-and-fall accidents or tripping over an unexpected object. Illinois law requires stores to keep their premises reasonably safe for the people who shop there. Failure to do so can result in a store being liable for injuries. Whether you can recover damages usually depends on what caused the injury, whether the store created the hazard, and whether the store knew or should have known about it. A McHenry County, IL premises liability lawyer can review your 2026 case and whether you may have a claim. What Safety Precautions Is an Illinois Grocery Store Responsible For? Under the Illinois Premises Liability Act (740 ILCS 130/2), property owners and occupiers owe people lawfully on their premises a duty of reasonable care. For a grocery store, this means keeping aisles free of spills and debris, cleaning up hazards within a reasonable time, and warning shoppers about dangers that haven't been addressed yet. Personal Injury Wed, 30 Sep 26 00:00:00 +0000 https://www.spydavlaw.com/blog/can-i-still-adopt-if-a-birth-parent-wont-give-permission https://www.spydavlaw.com/blog/can-i-still-adopt-if-a-birth-parent-wont-give-permission In many states, including Illinois, the permission of both parents is required for someone to adopt their child. Sometimes, one or both parents are unwilling to give this permission. In some other cases, birth parents can't be contacted to find out if they are willing to allow their child to be adopted. Fortunately, this doesn't necessarily signal the end of your adoption case. With enough evidence, courts can find that a parent's consent is not required, allowing an adoption to proceed even if they do not agree. There are also legal steps that can be taken when a parent cannot be found. A DeKalb, IL adoption attorney can help you understand what your options are in your 2026 adoption case if the birth parent won't agree to adoption. Can an Illinois Court Approve an Adoption Without a Parent's Consent? Courts may approve an adoption in spite of a parent's wishes. This usually happens if the court finds that the nonconsenting parent is legally "unfit" (750 ILCS 50/8). Proving unfitness requires "clear and convincing evidence." Without evidence, the court will not approve an adoption that a parent doesn't agree to. Family Law Fri, 18 Sep 26 00:00:00 +0000 https://www.spydavlaw.com/blog/how-can-a-short-staffed-nursing-home-defend-against-a-negligence-lawsuit https://www.spydavlaw.com/blog/how-can-a-short-staffed-nursing-home-defend-against-a-negligence-lawsuit Families of nursing home residents readily sue facilities when something happens to their loved one. When a nursing home is short-staffed, the opportunities for lawsuits increase substantially. Short-staffed facilities are especially susceptible to negligence lawsuits. When there are not enough staff members to go around, it can be difficult to maintain the highest standards of care all the time for every resident. However, understaffing alone does not create automatic liability for care facilities. A Winnebago County, IL nursing home negligence defense lawyer can review the allegations against your facility and help you build your case. Is Understaffing Enough for a Negligence Claim Against an Illinois Nursing Home? A negligence claim requires the resident to prove that there was a breach of the duty of care owed to them by the facility. Furthermore, they must prove that this breach caused them harm. Short-staffing on a given shift doesn't automatically qualify as this kind of breach. Civil Litigation Tue, 25 Aug 26 00:00:00 +0000 https://www.spydavlaw.com/blog/am-i-guaranteed-alimony-after-a-long-marriage https://www.spydavlaw.com/blog/am-i-guaranteed-alimony-after-a-long-marriage If your marriage is coming to an end after many years, alimony (or spousal maintenance, as it’s known in Illinois) can offer you security as you transition into a new phase of life. Maintenance is not automatic after any divorce. Courts take into account the length of the marriage and the circumstances of each spouse before making a decision about whether to award maintenance or not. A Cook County, IL alimony attorney can help you understand what a court will factor into its decision during your 2026 divorce. Is Alimony Automatic After a Long Marriage in Illinois? Maintenance is never automatic in Illinois divorces. Under 750 ILCS 5/504, the judge first makes a decision about whether an award of maintenance is appropriate. Specific points for the judge to consider are outlined in the statutes. If a court decides that maintenance is needed, it will decide on the amount and duration. Divorce Wed, 12 Aug 26 00:00:00 +0000 https://www.spydavlaw.com/blog/am-i-liable-if-i-hit-a-driver-who-doesnt-have-their-lights-on-at-night https://www.spydavlaw.com/blog/am-i-liable-if-i-hit-a-driver-who-doesnt-have-their-lights-on-at-night Accidents involving a driver whose lights were not on when they should have been raise serious questions about fault. In Illinois, it is illegal to drive at night without headlights. Someone who hits another driver whose headlights were not on may not be entirely liable for the accident. However, how fault is assigned depends on the circumstances of each case. If you were involved in this kind of crash in 2026, a Kendall County personal injury lawyer can help you understand what factors will be considered in your case. Is Someone Driving Without Headlights Automatically at Fault for an Accident in Illinois? Driving without headlights on at night does not automatically put the driver at fault for an accident, but it can weigh heavily against them. Illinois law under 625 ILCS 5/12-201 requires drivers to use their headlights from sunset to sunrise, when weather conditions require windshield wipers, and whenever people or vehicles cannot be clearly seen from 1,000 feet away. Personal Injury Fri, 31 Jul 26 00:00:00 +0000 https://www.spydavlaw.com/blog/how-much-child-support-do-i-owe-if-my-income-varies-month-to-month https://www.spydavlaw.com/blog/how-much-child-support-do-i-owe-if-my-income-varies-month-to-month Variable income does not exempt you from child support. It does, however, change how the calculation works. Rather than deciding on a fixed amount based on your monthly pay, Illinois courts look at the larger picture of your earnings over time. If your income fluctuates because you're self-employed, work on commission, or earn seasonal income, it’s important to understand how the court will determine your support orders in 2026. A Kendall County, IL child support lawyer can walk you through the process. How Does Illinois Calculate Child Support When Your Income Isn't Consistent? Illinois uses an income shares model to calculate child support (750 ILCS 5/505). This model bases child support on the combined net income of both parents. The statute requires courts to consider "all income from all sources." Family Law Mon, 20 Jul 26 00:00:00 +0000 https://www.spydavlaw.com/blog/can-a-trust-protect-assets-for-minor-children https://www.spydavlaw.com/blog/can-a-trust-protect-assets-for-minor-children A trust can protect assets for minor children, and it is one of the most effective tools available for doing so. Without a trust in place, a child who inherits money or property outright has no legal ability to manage those assets until they turn 18. At that point, they receive everything at once with no restrictions. A trust changes that entirely. If you want to make sure your children are truly protected, the Will County, IL estate planning lawyers at SpyratosDavis LLC can help you put the right plan in place. Why Can't Minor Children Simply Inherit Assets Directly? Under Illinois law, minors generally cannot legally manage significant inherited property on their own. If a child inherits assets without a trust or other legal structure in place, a court will typically appoint a guardian of the estate to manage those assets until the child turns 18. That process involves court oversight, ongoing reporting requirements, and legal fees that can eat into what you intended your child to receive. Estate Planning Thu, 25 Jun 26 00:00:00 +0000