Del Re Law Group, P.C.Waukegan Attorneys | Family, Criminal & Personal Injury Law2026-05-26T17:28:22Zhttps://www.daviddelrelaw.com/feed/atom/WordPressOn Behalf of Del Re Law Group, P.C<![CDATA[Co-parenting and extracurriculars: 2 tips for co-parents]]>https://www.daviddelrelaw.com/?p=492272026-05-26T17:28:22Z2026-05-26T17:28:22ZParents who are going through a divorce have to ensure their children have what they need, even during this major life upheaval. There are many factors to consider, one of which is the child’s participation in extracurricular activities.
For many children, extracurricular activities are a time to enjoy a favorite activity with friends. They learn new skills, often ones far beyond the ones you’d normally think of when your mind turns to a specific activity. A child who’s able to continue their favorite activities when they’re going through the change that comes with their parents divorcing often feels more stable than they would if they were pulled out of those activities. Because of this, many parents opt to try to keep the children in those activities, but that requires planning and cooperation.
1. Expenses for the activity
The expenses for the activity are a consideration since the parents will have to decide if one parent will pay them or if they will be split. If they will be split between the parents, there should be something in writing that outlines how this will happen. For example, one parent may pay the fees and then receive a reimbursement from the other parent for their share. These agreements are usually included in a parenting plan instead of a child support order.
2. Transportation and support
Getting the children to and from the activity can be time-consuming, depending on how often they meet and where they go. Determining how to handle that is critical. Additionally, if the activity has shows, meets, competitions, games or anything similar, parents should decide on the rules for attending those. Everything related to the children should be placed in a parenting plan, so both parents know what to expect. This can be complex, so it may be beneficial to work with someone who can assist with setting everything up in a way that’s best for the children. ]]>On Behalf of Del Re Law Group, P.C<![CDATA[Special consideration for divorcing business owners]]>https://www.daviddelrelaw.com/?p=492252026-05-13T15:22:00Z2026-05-13T15:22:00ZThe family business is likely a source of pride because of the hard work that went into building it. That same business can become one of the most contentious issues if the business owners go through a divorce.
There’s a chance that one business owner is more intimately familiar with the company’s finances than the other owner. That can give the spouse in-the-know an advantage during the divorce.
Business finances are important during a divorce
The business finances are important factors during a divorce because they can directly impact the property division. When one spouse doesn’t know about the finances, there’s a chance that the other spouse may use the business to hide money or other assets. In some cases, the business starts to report a significant reduction in income that happens to coincide with the divorce. This is known as sudden income deficit syndrome, which is often difficult to unearth. There are many ways that the spouse who is familiar with the finances may hide income or profits. They may create false vendor accounts to funnel money through or they could keep cash payments off the books so there’s no record of them. The issue with this phenomenon is that it can lead to the property division settlement being unfair. The spouse who’s hiding assets could walk away with a larger portion of the marital assets, all because they hid business income or assets. Because of the risk of sudden income deficit syndrome, a small business owner who’s going through a divorce and who isn’t familiar with the finances of the company should work with someone who understands these situations. It may be necessary to have other professionals, such as a forensic accountant, on the divorce team to help find accurate records for the company.
]]>On Behalf of Del Re Law Group, P.C<![CDATA[Managing loneliness effectively can lead to a fairer divorce]]>https://www.daviddelrelaw.com/?p=492232026-04-30T22:28:45Z2026-04-30T22:28:45ZTaking thoughtful action
If you and your spouse are going your separate ways, know that learning to manage loneliness effectively can help you to achieve a fair divorce settlement.
Addressing loneliness does not mean ignoring your emotions. It means finding constructive ways to support yourself while the legal process unfolds.
Maintaining structure in your daily life can make a big difference. Regular routines, physical activity and social engagement can help stabilize your mood and improve your ability to make thoughtful decisions. Even small steps, like scheduling regular check-ins with someone you trust, can create a sense of meaningful connection.
From a legal standpoint, emotional balance supports better outcomes. When you are not making decisions from a place of isolation or urgency, you are more likely to evaluate options carefully and advocate for what is fair. This can be especially important in negotiations involving property division, support and parenting arrangements.
Divorce is a period of change, and loneliness is a natural part of that experience. By actively managing it, you can more effectively protect both your emotional well-being and your legal interests, helping you move toward a resolution that is in your best long-term interests.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Is it a good idea to sleep it off in your car?]]>https://www.daviddelrelaw.com/?p=492222026-04-23T13:01:32Z2026-04-28T13:00:30ZImagine that you’ve just finished a night out, had a few drinks and feel that you should not drive home. The responsible choice seems clear right? Sleep in your car until you sober up. However, this decision could lead to serious legal consequences in Illinois. Police can charge you with DUI even when you never actually drive the vehicle.
How sleeping in your car creates legal risk
Illinois DUI law does not require actual driving for prosecutors to file charges. The law focuses on whether you had "actual physical control" of the vehicle while impaired:
Keys in the ignition: Starting the engine or even having keys in the ignition suggests you could drive at any moment and may establish physical control.
Driver's seat position: Sitting behind the wheel creates a stronger case for physical control than sleeping in the back seat.
Engine running: Operating the engine for heat or air conditioning demonstrates active vehicle control and increases your legal exposure.
Location of the vehicle: Parking in a traffic lane versus a parking lot may influence how courts view your situation.
Police officers who find you sleeping in a parked car can still arrest you for DUI based on these factors. Courts consider the totality of circumstances when determining whether you maintained physical control of the vehicle.
Better alternatives to consider
Several options carry less legal risk than sleeping in your car. You could:
Call a rideshare service, taxi or sober friend to get home safely
Take public transportation depending on your location and the time of night
Avail of free ride programs specifically designed to prevent impaired driving
If you face DUI charges for sleeping in your vehicle, the specific facts matter significantly. Where you sat, whether the engine was running and where you parked all influence potential defenses. Legal representation can help you challenge these charges and protect your driving privileges and criminal record.
]]>On Behalf of Del Re Law Group, P.C<![CDATA[Divorce over 50: special issues to consider]]>https://www.daviddelrelaw.com/?p=492212026-04-09T17:26:40Z2026-04-09T17:26:40ZDivorce over the age of 50 involves a lot more than just ending a marriage. Often called “gray divorce,” it can raise financial and practical issues that are very different from those faced by younger couples.
Gray divorces place retirement, healthcare and long-term financial stability front and center. Understanding the unique challenges is essential to protecting your future.
Gray divorces are becoming increasingly common
Many couples who have been married for decades find themselvesreevaluating their relationships once they become empty nesters or approach retirement. More Americans are enjoying longer, healthier lives and are beginning to wonder whether they want to spend the next 20 to 30 years with their spouse.For many of these couples, their retirement savings represent a significant portion of their marital assets. These accounts may include 401(k)s, pensions, IRAs and other long-term investments.Illinois divides marital assets according to the equitable distribution principle. Often, any retirement savings accumulated during the marriage are considered marital property and, therefore, are subject to division between the spouses.Because retirement accounts often involve tax rules and specialized transfer requirements, they require careful handling to avoid unnecessary penalties.The divorce can also significantly impact retirement plans. The shared savings that would have supported one household are now divided between two households. This could delay retirement, particularly for spouses who expected to retire soon.Health insurance can also become a significant issue for divorcing spouses over 50. If one spouse has relied on the other’s employer-sponsored health insurance, that coverage may end once the divorce is finalized.If they aren’t eligible for Medicare yet or don’t have the option to enroll in their employer’s plan, they may need to consider other options, such as COBRA coverage or Illinois’ healthcare marketplace. Still, the cost can be high. Planning for future healthcare coverage is an important part of the divorce process.A couple of aspects of a gray divorce that aren’t often addressed are the emotional and lifestyle adjustments they bring. In addition to dividing finances and property, individuals may face changes in social circles and living arrangements.However, many people also seegray divorce as an opportunity to start a new chapter and focus on personal goals that they may have postponed earlier in life. Regardless, it requires careful planning for the years ahead. You will need someone who can help you make informed decisions and protect your future. ]]>On Behalf of Del Re Law Group, P.C<![CDATA[Dividing large assets in divorce? Consider the tax impact]]>https://www.daviddelrelaw.com/?p=492202026-03-24T15:08:56Z2026-03-25T15:06:07ZWhy taxes matter in high-asset divorce
Two assets with the same face value may not carry the same financial outcome. For example, a brokerage account and real estate holdings come with different tax consequences. If you do not account for those differences, one party may receive assets that create a heavier long-term tax burden.
How taxes affect your settlement
Taxes do not apply in a single, uniform way. Instead, they attach to different types of assets and payments in different ways. Several key areas tend to shape how taxes affect a high-asset divorce settlement:
Property division and capital gains: Transfers between spouses during divorce are generally not taxable at the time. Taxes may apply later when the asset is sold. Capital gains depend on the original cost basis, which can significantly affect future value.
Spousal maintenance and tax treatment: For divorces finalized after 2018, maintenance is not tax-deductible for the payer and is not treated as income for the recipient. This change can influence how support is structured in higher-income situations.
Retirement accounts and deferred taxes: Accounts such as 401(k)s and IRAs carry deferred tax obligations. Improper transfers may lead to penalties. Tools like qualified domestic relations orders help preserve tax advantages during division.
Real estate and business interests: A primary residence may qualify for capital gains exclusions, while investment properties and business interests may not. Timing, ownership structure and future plans can all affect tax exposure.
Taken together, these areas show how tax treatment can vary across assets and influence the overall balance of a settlement.
Looking at the full financial picture
A high-asset divorce involves more than dividing what you have today. Each asset carries different financial consequences for your future. Taking time to understand how taxes may affect your bottom line can help bring greater clarity to what your settlement truly represents.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Can a misdemeanor affect your job in Illinois?]]>https://www.daviddelrelaw.com/?p=492192026-03-19T07:10:03Z2026-03-19T07:10:03ZA misdemeanor may seem like a minor offense, but it can still show up on a background check. If you have a conviction on your record, you may wonder how it could affect your ability to find or keep a job. Illinois law offers some protections, but the impact depends on several factors.
What employers can see
Most employers in Illinois run background checks before hiring. These checks can reveal felony and misdemeanor convictions, pending charges and court outcomes. Most misdemeanors stay on your record unless you petition to seal or expunge them, though some specific offenses like minor cannabis convictions may be automatically expunged by the state. Even older convictions may appear if they were never cleared. If you are facing criminal charges, the outcome of your case will determine what shows up on future background checks.
Illinois ban the box law
Illinois has a Ban the Box law that limits when employers can ask about your criminal history. Under this law, nearly all private employers are prohibited from asking about convictions on a job application regardless of company size. They must wait until after an interview or a conditional job offer before running a background check. This gives applicants a chance to make a first impression before their record comes into play.
Protections under the Illinois Human Rights Act
The Illinois Human Rights Act adds another layer of protection. Employers cannot automatically reject someone based on a conviction record and are strictly prohibited from considering arrest records that did not lead to a conviction. When evaluating a conviction, they must first assess whether the offense is substantially related to the job or poses an unreasonable risk. If an employer decides to deny you a job based on your record, they must notify you in writing and give you at least five business days to respond with evidence of rehabilitation or other mitigating factors. If the employer used artificial intelligence to screen your record, additional disclosure requirements apply under 2026 state law.
When a conviction may still matter
Some jobs require stricter screening. Positions in healthcare, childcare, finance and law enforcement often involve fingerprint checks and may disqualify applicants with certain offenses. Understanding what your record contains and whether sealing or expungement is an option can help you plan your next steps.]]>On Behalf of Del Re Law Group, P.C<![CDATA[5 immediate steps to take when accused of DUI]]>https://www.daviddelrelaw.com/?p=492162026-02-26T19:20:40Z2026-02-26T19:20:40ZBeing accused of driving under the influence (DUI) is a serious matter that can carry lasting consequences. A DUI charge may affect your driving privileges, employment, finances and even your freedom.
What you do immediately after a DUI arrest can significantly influence the direction of your case. Taking thoughtful and informed action helps protect both your rights and your future.
1. Stay calm and protect your rights
An arrest can feel overwhelming, but remaining calm is essential. Provide basic identification information as required, but avoid volunteering additional statements about where you were or how much you drank. Anything you say may later be used as evidence, while composure and restraint can prevent unnecessary complications.
2. Review all paperwork carefully
After release, you will likely receive documents detailing your charges, court date and potential license suspension. Read each page thoroughly and pay close attention to deadlines for requesting administrative hearings related to your driving privileges. Missing a filing deadline could result in automatic suspension.
3. Record your version of events
As soon as possible, write down everything you remember about the traffic stop and arrest. Include the reason given for the stop, road and weather conditions, questions asked and whether field sobriety or chemical tests were conducted. These details may become important if the legality of the stop or the testing process is later questioned.
4. Avoid discussing the case publicly
Refrain from posting about the incident on social media or discussing details with friends and coworkers. Understand that public statements can be misinterpreted or used against you, while keeping information private helps protect your defense strategy and limits unnecessary exposure.
5. Seek legal guidance promptly
DUI cases often involve complex legal and scientific issues, including the accuracy of breath or blood testing and whether proper procedures were followed. Early evaluation of the evidence can identify possible defenses or weaknesses in the case. Consulting knowledgeable and reliable legal guidance quickly allows you to understand your options, protect your driving privileges and prepare effectively for upcoming court proceedings.]]>On Behalf of Del Re Law Group, P.C<![CDATA[How to divide digital assets in an Illinois high-asset divorce]]>https://www.daviddelrelaw.com/?p=492132026-02-23T08:30:02Z2026-02-26T08:29:22ZYou invested in digital assets during your marriage, watching its value climb over the years. Now that you are facing divorce, you wonder how to split these digital holdings fairly. Their special nature often makes division confusing. Fortunately, you have several ways to divide these assets and reach a fair settlement.
Why digital assets matters in your divorce
Digital assets have grown greatly in value over recent years. This is why you need to account for these assets during your divorce settlement. Ignoring these valuable electronic accounts and properties can lead to unfair property division and future disputes. But before you divide these assets, you must first figure out which digital asset the court considers marital property.
When digital assets becomes marital property
If you purchased virtual goods, opened e-wallet accounts, and invested in other virtual properties during your marriage, Illinois law considers it marital property. Meanwhile, the virtual assets you owned before marriage remain separate. However, it can become marital property if you mixed it with joint funds. Once you identify which digital properties count as marital property, you can explore your division options.
Three methods to split your digital assets
After you determine your marital assets, you can choose from three division methods:
Direct transfer: This is where you split holdings between your separate e-wallet accounts, giving each spouse their portion directly.
Offsetting: This happens when one spouse keeps the virtual accounts and properties while the other receives more real estate or bank account assets in turn.
Buyout: This occurs when one spouse buys the other's share using cash or other marital assets.
Each method offers different benefits based on your financial situation. However, you may face unique legal challenges when you use any of these approaches.
Navigating the challenges of digital asset division
Most digital assets usually operate with no central control, which can make divorce harder. Digital wallets can be anonymous, so it may be tough to find all accounts. Prices of virtual goods change daily, making values hard to pin down. Some spouses may also move online funds to hidden wallets before they disclose assets. Thus, finding these assets, valuing them correctly and dividing them fairly often requires strong understanding of Illinois divorce laws and digital assets.]]>On Behalf of Del Re Law Group, P.C<![CDATA[How to start the prenup conversation]]>https://www.daviddelrelaw.com/?p=492142026-02-10T18:23:43Z2026-02-10T18:23:30ZDiscussing a prenuptial agreement with your partner can be challenging. Will they think you are already planning for a divorce? Will they start questioning your commitment?
A noteworthy percentage of Americans have reported being open to the idea of a prenup, but often avoid the conversation. In turn, some end up getting married without signing one. So, how can you initiate the prenup conversation without implying a lack of trust or faith in the longevity of the marriage?
Start the conversation early
Your fiancé may not view a prenup as collaborative when you start the conversation a few weeks before the wedding. Besides, they may feel pressured into signing it. Signing a prenup immediately before the wedding can also make it unenforceable, as it can create room for claims of duress.You and your partner should have enough time to learn more about a prenup, openly discuss your assets and debts, decide which assets you will keep as separate property, agree on how you would handle assets and debts in case of a divorce and so forth.If you are not yet engaged, consider starting the conversation immediately after discussing a serious long-term commitment. If you are already engaged, it helps to have the conversation 6 to 2 months before the wedding.
Frame the conversation positively
During the conversation, let your partner know you are committed to making the marriage work. You are using the prenup as a tool for financial transparency. Let them know how the agreement protects both of you and ensures fairness. So, use “we” language. Additionally, inform them that they can freely express their concerns and can take time before responding.A prenup conversation can be healthy or unhealthy. You want to be careful about how you initiate the conversation. Get more information about this agreement to make informed decisions from the beginning.]]>