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Sexual harassment is an ongoing issue in workplaces throughout the United States. It affects countless people, and victims may experience a variety of hardships, including the loss of their jobs, the loss of income, and damage to their mental health and welfare. Despite the efforts that have been made to combat this misconduct, many cases go unreported, and the enforcement of sexual harassment policies often falls short. An experienced attorney can provide essential guidance and support to those who have experienced sexual harassment, ensuring their rights are protected and their voices are heard.

The Underreporting of Sexual Harassment

Approximately 75% of sexual harassment cases are not reported. Even when policies are in place to address sexual harassment, victims may fear retaliation, or they may worry that they will not be believed. This highlights the importance of educating employees about sexual harassment and ensuring that the correct policies and procedures are in place to respond to complaints effectively.

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b2ap3_thumbnail_Untitled---2024-03-19T102557.363.jpgOriginally published: November 5, 2020 -- Updated: March 19, 2024

Update: As discussed below, some parents may choose to remain married while they raise their children rather than getting a divorce. In these situations, it may be beneficial to pursue a legal separation, which will allow a couple to remain legally married while detailing the rights and obligations that will apply to each party. With a legal separation, a couple may choose to live in different homes, or they may continue living together while focusing on parenting responsibilities and keeping their lives separate as much as possible.

A legal separation can provide a number of benefits, such as the ability to maintain family health insurance coverage. The creation of a separation agreement will ensure that both spouses fully understand how certain matters will be handled, including how they will make child-related decisions and, if they are living separately, when children will spend parenting time with each parent. If a couple has taken steps to separate their finances, one spouse may pay child support or spousal support to the other.

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b2ap3_thumbnail_Untitled---2024-03-18T100201.262.jpgWhen a marriage comes to an end, particularly under circumstances where one spouse is primarily responsible for the divorce, emotions can become heated. In some cases, a person may believe that their spouse should be punished for infidelity or other actions that led to the breakdown of their relationship. If you are planning to end your marriage in Illinois, you may wonder whether being the "innocent" spouse might impact your eligibility for alimony, also known as spousal maintenance. As you address this issue and other divorce-related concerns, it is important to understand the nuances of Illinois law regarding spousal maintenance and fault in a divorce. An experienced attorney can guide you through the complexities of divorce law and help you understand your rights and options.

Spousal Maintenance in Illinois: An Overview

Spousal maintenance is not automatically granted in Illinois divorces. The court will consider several factors to determine whether maintenance is appropriate and, if so, its amount and duration. However, it is important to understand that the purpose of spousal support is to maintain equality between spouses and ensure that they will both have enough financial resources to support themselves. Spousal maintenance will typically consist of monthly payments by one party to the other, and it is meant to ensure that a person who earns less than their former partner will be able to continue living at the standard the spouses were accustomed to while they were married. 

Because Illinois follows "no-fault" divorce principles, courts do not consider “marital misconduct” when making decisions about most divorce-related issues, including spousal maintenance. So, even if your spouse committed infidelity or engaged in behavior that led to the breakdown of your marriage, they cannot be required to pay you alimony as a penalty.

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b2ap3_thumbnail_Untitled---2024-03-04T124353.342.jpgWhen parents go through a divorce or need to address child custody issues in other family law cases, the well-being of their children is the most important factor to consider. Child custody evaluations can play a pivotal role in these legal proceedings, and an evaluator’s assessments may influence the court's decisions regarding parenting time and responsibilities. If you need to work with a custody evaluator during your divorce or family law case, an experienced attorney can provide the guidance and representation you need.

What Are Child Custody Evaluations?

Child custody evaluations are assessments conducted by mental health professionals to provide the court with a comprehensive understanding of the family dynamics. Their reports and opinions can help determine what would be in the best interests of the child. These evaluations are particularly common in contentious divorce or child custody cases where parents cannot agree on the best arrangements for their children.

When Are Custody Evaluators Appointed?

In Illinois, a judge may order a child custody evaluation in several circumstances, including:

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b2ap3_thumbnail_Untitled---2024-03-04T122452.417.jpgSexual harassment is a distressing experience that can have a lasting impact on the victim's emotional well-being, their career, and other aspects of their life. If someone you know has faced sexual harassment, your support can play a crucial role in their recovery and pursuit of justice. There are a number of legal avenues available for victims, and an attorney who has experience in these matters can provide guidance on the best ways to proceed. With this understanding, a victim will be empowered to stand against injustice. 

Here are several ways you can offer support and encourage a victim of sexual harassment to explore their legal options:

Listen and Validate Their Feelings

The first step in supporting a victim of sexual harassment is to listen without judgment. Affirm their feelings and experiences, ensuring they know they are not alone and that their emotions are valid. A supportive, empathetic ear can provide a solid foundation for their healing process.

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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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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree