Posted on July 27, 2023 in Kane

Going through a divorce can be challenging, and couples will need to address multiple types of legal and financial issues. Many of the most significant concerns for divorcing spouses will be related to the division of assets and the family home in particular. If you are looking to maintain ownership of your home following a divorce in Illinois, there are several factors to consider. By working with a skilled divorce attorney, you can take steps to protect your interests and resolve financial issues successfully.

Understanding the Laws in Illinois

Before delving into the specifics of home ownership following divorce, it is essential to have a basic understanding of the laws in Illinois regarding property division. Illinois follows the principle of equitable distribution, which means that marital property is divided between spouses fairly but not necessarily equally.

Marital property includes any assets acquired during the marriage. If your family home was purchased after you got married, it will be a marital asset. However, if you owned the home before you got married, or if you received the home as a gift or inheritance, it may be considered non-marital property, and it could potentially be excluded from the division.

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 Posted on July 19, 2023 in Main

In the workplace, everyone deserves to feel safe and respected. Unfortunately, there are instances where individuals may experience sexual harassment, which can not only affect a person emotionally, but may also have an impact on their career and ability to earn an income. Many sexual harassment cases involve what is known as “quid pro quo” sexual harassment in which a person may be offered benefits or threatened with penalties based on their response to sexual requests. However, sexual harassment can also involve actions that create a hostile work environment, which may affect a person's ability to perform their duties while also having a detrimental impact on their emotional well-being. Employees need to understand how to address sexual harassment, and the steps to take to prevent and/or stop the illegal behavior.

What Is a Hostile Work Environment?

There are some situations in which an individual may experience unwanted sexual advances, inappropriate comments, or other conduct that creates an intimidating or offensive workplace. This is a form of sexual harassment that can affect anyone, regardless of their gender, sexual orientation, or age.

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 Posted on July 13, 2023 in Main

Divorce can be one of the most challenging and overwhelming experiences in a person's life. It brings a multitude of changes, emotions, and legal processes that can take a toll on your well-being. During this difficult time, it is crucial to prioritize self-care

Emotional Well-being

Divorce is emotionally draining and can lead to feelings of grief, anger, sadness, and anxiety. Self-care activities such as therapy, journaling, spending time with loved ones, and engaging in hobbies can help you process your emotions and promote emotional healing. Building a strong support system is essential when navigating a divorce. Creating a network of friends and family, or joining a support group, can provide emotional support, guidance, and understanding.

Physical Health

Stress and emotional turmoil can have a significant impact on your physical health. It is important to take care of your body by eating a balanced diet, getting regular exercise, and prioritizing sleep. Consider implementing breathing exercises, meditation, or other nervous system regulation practices into your daily routine. Taking care of your physical health when navigating a divorce can improve your mood, boost your energy levels, and aid in the healing process

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 Posted on July 10, 2023 in Main

The challenge of sexual harassment in the workplace affects employees across various industries. While reporting such misconduct is a crucial step in combating it, victims often face another insidious problem – retaliation. It is important for those who have experienced sexual harassment to understand how to address potential retaliation that may occur after reporting an incident.

Understanding Your Rights

Federal and state laws, including Title VII of the Civil Rights Act and the Illinois Human Rights Act, protect employees from retaliation for reporting sexual harassment. These laws prohibit employers from punishing employees who engage in “protected activities” such as filing a harassment complaint or participating in an investigation.

Recognizing Retaliation

Retaliation can take many forms. It may be blatant, such as demotion, job reassignment, pay cuts, or termination. However, it can also be more subtle, including things such as exclusion from meetings, negative performance reviews, or hostile treatment from supervisors or colleagues. Understanding what constitutes retaliation is the first step in addressing it.

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 Posted on July 10, 2023 in Kane

Understanding how and when paternity can be established is a crucial concern for both mothers and fathers in Illinois. Establishing paternity may be necessary before issues such as child custody, child support, inheritance rights, and medical care can be addressed. When paternity is established, a legal relationship will be created between the parent and child, ensuring that both of a child's parents can play an important role in their lives.

Presumed Paternity

Paternity is established automatically in specific circumstances under Illinois law. If a couple is married when a child is born, both spouses will be presumed to be the child's legal parents. If a couple's marriage ended within 300 days before the child's birth, the ex-husband is presumed to be the legal father. If the requirements for presumption of paternity have not been met, the father will not be considered the child's legal parent, even if both parents understand that he is the child's biological father.

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 Posted on July 07, 2023 in Kane

At one time, in order to file for divorce, a spouse was required to cite the reason why they wanted to end their marriage. The reason cited was referred to as "fault." Today, Illinois no longer has this requirement, and all divorces are "no-fault." In a no-fault divorce system, the only accepted grounds for divorce are irreconcilable differences or the breakdown of the marital relationship. This approach represents a significant shift in the way divorce is handled, aiming to simplify the process, reduce conflict, and promote a more amicable separation.

The following is a brief overview of no-fault divorce. For more detailed information about your particular situation, contact our office for legal assistance.

Advantages of No-Fault Divorce

One of the primary advantages of a no-fault divorce is that it eliminates the need to establish fault or assign blame for the end of a marriage. In traditional, fault-based divorce cases, individuals seeking divorce had to prove misconduct, such as adultery, abandonment, or cruelty, to justify the dissolution of the marriage. This often led to a protracted and acrimonious legal battle, exacerbating the emotional and financial strain on both parties. No-fault divorce streamlines the process, allowing couples to focus on resolving practical matters and moving forward with their lives.

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 Posted on June 26, 2023 in Kane

The loss of a job can cause significant difficulties, regardless of your situation. However, if you are a divorced parent who pays child support, a sudden and unexpected loss of income can not only affect you, but it may cause difficulties for your ex-spouse and your children. If you find yourself in a situation where you may be unable to meet your child support obligations, you will need to determine how to proceed. It is important to understand your options for seeking a modification of the amount you will be required to pay. By addressing this issue correctly, you can avoid legal issues such as penalties for non-payment of support, and you can put solutions in place that will allow you and your family to maintain financial stability.

Understanding Your Child Support Obligations in Illinois

A child support order put in place in family court must be followed. Even if you do not have the ability to pay the amount owed, you will be legally obligated to do so until the court issues a new order modifying your obligations. All amounts owed must be paid in full, and if you fall behind on payments, interest will be applied until what is owed is fully paid. Continued non-payment of child support could lead to other penalties. If the court determines that you have wilfully refused to pay the amounts owed, you could be held in contempt of court, which could lead to fines, the suspension of your driver's license, and even imprisonment. Because of these issues, it is crucial to take immediate action to address any issues that could affect your ability to meet your obligations.

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 Posted on June 20, 2023 in Main

There is no question that divorce can be very challenging. However, the divorce process can be especially difficult for parents who will need to make major changes in their lives, address financial concerns, and protect the interests of their children, all while dealing with the strong emotions that come with the end of a marriage. One of the most crucial aspects of any divorce involving children is a parenting plan. This is a legal document that outlines the ways in which parents will share parental responsibilities and address child-related concerns after their marriage has ended. For Illinois parents who are going through the divorce process, it is essential to understand what will be included in their parenting plan.

Required Elements of a Parenting Plan

Within 120 days after a divorce or child custody case begins, parents are required to submit a proposed parenting plan to the court. In most cases, parents will negotiate with each other to create an agreed parenting plan, and after this plan is submitted, it will be reviewed by a judge. If the judge determines that the plan provides for the best interests of the couple's children, the plan will be approved. However, if parents encounter disputes about the terms of their parenting agreement, they may each prepare and submit a plan that details how they believe different issues should be addressed. A hearing or trial may then be held to determine how the differences between the two plans will be resolved.

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 Posted on June 12, 2023 in Main

Income, real estate, vehicles, and most other assets a spouse acquires during a marriage are included in the marital estate. During an Illinois divorce, the spouses will need to divide this marital property. The asset division process may involve deciding who will keep the marital home, determining how to divide bank account balances and retirement funds, splitting up personal possessions, and more.

Conflict and disagreements during the property division process are common. In this blog, we discuss the basics of property division in Illinois and the options divorcing couples have when resolving property division conflicts.

Negotiated Property Division Settlements

Although many people assume that the court always makes decisions about how to divide property in a divorce, most divorcing couples are able to negotiate a settlement. If the spouses are able to communicate effectively and negotiate in good faith, they may usually work out an arrangement regarding property division.

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 Posted on June 12, 2023 in Main

State and federal law prohibits sexual harassment of employees. Unwanted sexual or romantic advances, explicit conversations, derogatory remarks, and discrimination against an employee on the basis of gender are just some of the ways in which sexual harassment can manifest itself in the workplace. If you have been sexually harassed at work, it's important to protect your rights and take action. Here are some steps you can take:

Document Everything That Was Said and Done

Keep a written log of any instances of harassment and note dates, times, locations, witnesses, and details of what was said or done. Make sure to save any emails, letters, voicemails, or other evidence that is relevant to the harassment.

Report the Harassment

Don't be afraid to speak up if you have been sexually harassed at work. Make sure to report the harassment in writing, via e-mail, to your supervisor, human resources department, or other designated representative. In some cases, you may be required to fill out a formal complaint form or incident report. Check your employee handbook for instructions on how to report sexual harassment or discrimination at your workplace, and always keep a copy of the report.

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