Category Archives: DuPage County Blog

DuPage County sexual harassment lawyersTroubling research suggests that at least one in three women experience sexual harassment in the workplace. It is a frightening statistic that lifts the lid on the darker side of employment. Despite the relative frequency of these incidents, many companies are still ill-equipped to deal with reports of sexual harassment. This has left many women and men unsure of how to react to unwanted advances.

There is no question that sexual harassment in any way, shape, or form is a serious matter. According to the U.S. Equal Employment Commission, even behavior such as teasing or offhand comments can be considered sexual harassment if it happens frequently enough that it creates an offensive or hostile work environment. It could also be considered sexual harassment if it leads to an adverse employment decision in which the victim is demoted or terminated.

Discuss the Issue With the Harasser

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DuPage County divorce attorneyIn cases where the well-being of a child is at issue, sometimes parents will resort to inappropriate measures. Illinois law recognizes one of the most insidious—known as parental alienation—as a possible reason to adjust a parenting plan or custody arrangement. Many people, however, do not understand parental alienation or how to recognize the signs of it.

Definitions and Symptoms

While there is currently some debate as to whether parental alienation syndrome (PAS) is a true disorder, this question is all but irrelevant in the legal system, where the effects of parental alienation are very real. Parental alienation, in legal terms, occurs when a child is influenced or brainwashed into believing the worst of one parent, most often by the other parent—though sometimes by a grandparent or someone else close to the alienator. The ultimate goal is usually to get the child to totally reject the other parent. This most often happens during custody or divorce proceedings, though it can, in theory, occur at any time in a child’s life.

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DuPage County family law attorneyWhen a couple decides to divorce, it is not only assets that must be divided during the proceedings, but also any marital debt that has accrued. As with assets, a family court will generally divide debts along equitable lines, meaning that the person who makes more or who has more assets will often be tasked with managing more debt, whether they originally incurred it or not. It may set your mind at ease to better understand the rationale judges use to make such determination so you can know if you are being unfairly saddled with too much debt.

Debts in Divorce

When discussing marital assets and debts, equity is the watchword - Illinois is an equitable distribution state, as opposed to a community property state, which means that the courts will divide both marital assets and debts according to each spouse’s ability to pay and the income they make. Generally, it is the fairest approach, as it ensures that each debt is assigned to the person who is most likely able to pay it. It most cases, the debt will follow the asset. For example, if one spouse is awarded a vehicle that still has a balance due on a loan, that spouse will take responsibility of both the ownership of the vehicle and payment of the loan.   

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DuPage County family law attorneysIf you make child support payments or receive them for your child, you undoubtedly recognize the importance of your obligation. Regardless of what happened between you and the other parent, your child is entitled to support from both parents. When a child support order is entered by the court, it is imperative for the supporting parent to comply with the order. It is equally important for the recipient parent to use the payments to support the child.

Over time, however, many families will come to a point where the terms of the support order no longer match the circumstances of their situation. In such cases, either parent may petition the court to have the order modified so that the child’s current needs can be addressed.

Dramatic Changes

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DuPage County family law attorneysIn your divorce case, you and your spouse will need to make difficult decisions on a large number of considerations. If the two of you are able to cooperate and negotiate amicably, you may be able to reach a reasonable agreement; however, if you cannot, it will be up to the court. In cases where spousal support, known as maintenance under Illinois law, is requested, the court is required by law to take a number of factors into account before making a determination. If you believe that maintenance is justified in your case, you need to understand what those factors are.

Reasons for Maintenance

A maintenance award is meant to offset some of the negative impact that a divorce can have on a financially disadvantaged spouse. In many marriages, one spouse is the primary earner while the other is essentially dependent on him or her, either by mutual agreement or due to the family’s circumstances. A divorce could place a spouse who relies on his or her partner financially in a very vulnerable position. It can be extremely difficult—impossible, in some cases—for that spouse to support him- or herself, especially if he or she is also primarily responsible for the care of the children. This is why maintenance exists, and the Illinois Marriage and Dissolution of Marriage Act provides the court with a list considerations that must be made when deciding on the need for spousal support.

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St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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