Posted on April 19, 2023 in Kane

For parents getting divorced, the impact of the divorce on their children is generally at the very top of their minds. Parents worry about how children will respond to the news of the split and how they will cope with the impending changes to their family. Fortunately, many children with divorced parents grow up happy and healthy. However, that is not to say that the divorce will be easy for them.

As you navigate this complicated situation, consider the following tips from child experts and psychologists for discussing divorce with children.

Stick to the Facts and Avoid Oversharing

One of the most important things to remember when discussing the divorce with your children is to remain fact-based and age-appropriate. Your marriage may be ending because your spouse had an affair, gambled away the savings account, or otherwise betrayed you. Or, the divorce may be the result of a marriage that has been broken for years. Whatever the reason, it is important not to get into the details about why the marriage is ending. Instead, factually explain the logistics of the split, where the children will live, and when they will see each of the parents.

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 Posted on April 11, 2023 in Main

When married parents get divorced, they create a parenting plan that outlines key issues regarding their child's upbringing. The parenting plan explains when each parent will care for the child, how major decisions about the child's education and upbringing will be made, and much more. Of course, life is full of unexpected changes and many parents find themselves in a position where they need to modify their parenting plan.

If you need to modify your child parenting agreement and you live in DuPage County Illinois, it is important to understand laws regarding modifications. Depending on your circumstances, what you need to change, and when the parenting arrangement was put in place, you may need to meet certain standards to modify your parenting plan. Read on to learn more.

Modifying the Parenting Time Schedule

Parenting time, previously called visitation, is the time each parent spends supervising and caring for the child. Many parents decide on a parenting time schedule that gives both parents the opportunity to spend time with the child. For example, one parent has the child during the weekdays while the other parent has the child during the weekends.

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 Posted on March 23, 2023 in Kane

 Collaborative divorce is a specific type of divorce process in which spouses are represented by their own attorneys, but still work cooperatively toward a solution. The ultimate goal of the collaborative divorce process is to reach a settlement on divorce issues such as property division and the allocation of parenting time and responsibilities without litigation. To facilitate this process, the divorcing spouses typically sign a Participation Agreement. The Participation Agreement is a document that outlines each party's commitments and expectations throughout the collaborative divorce process.

Elements of a Participation Agreement or Collaborative Agreement

A Participation Agreement is a document that outlines the expectations of all parties involved in the collaborative divorce. It outlines each party's legal rights and obligations.

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 Posted on March 20, 2023 in Main

The construction industry is vital to our modern lives. Without construction workers, many of the buildings, roads, and structures that we use on a daily basis would not be standing. Unfortunately, this important industry is also plagued by a serious and pervasive problem: sexual harassment.

Exploring the Problem of Sexual Harassment in the Construction Sector

Most would agree that construction work is much unlike the office jobs that dominate today's typical workplace. Construction workers are often forced to work in close proximity to each other, climbing scaffolding or working on ladders in tight spaces. This can make some workers a little too comfortable when it comes to making inappropriate comments or touching other workers.

Furthermore, the construction industry is overwhelmingly male. Only about four percent of construction workers are women. Although sexual harassment can happen to anyone of any sex, sexual orientation, or gender expression, statistics show that sexual harassment is more common when there is a major disparity in gender within a workplace. One survey found that 66 percent of respondents claim to have experienced sexual harassment or gender bias while working in the construction industry.

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 Posted on March 15, 2023 in Main

Sexual harassment in the workplace has become a hot button issue in recent years. After celebrities such as Harvey Weinstein and Matt Lauer were publicly scrutinized for accusations of workplace sexual harassment, more and more people started taking notice of the issue.

As an employee, it is crucial that you understand your rights under Illinois and federal law. Many workers unknowingly allow discriminatory and offensive behavior to go unchecked because they are not aware of the rights and the legal safeguards designed to protect them. This allows perpetrators to continue their unlawful behavior and avoid being held accountable for their misconduct. Unfortunately, discriminatory practices tend to proliferate if nothing is done to stop it, which is why it is so important for employees to speak up.

Employees Have a Right to Be Free from Discrimination and Harassment

As an employee, you have the right to be free from discrimination on the basis of sex, race, color, sexual orientation, gender identity, disability, or national origin. Under the Illinois Human Rights Act, employers are required to provide a workplace free from any form of unlawful discrimination. This includes sexual harassment.

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 Posted on March 15, 2023 in Kane

If you are a divorced parent or soon will be, you may already be planning for the upcoming summer break. For many families, the end of the school year marks the beginning of a time when many co-parents must establish a new schedule for their children. The best way to ensure that everyone has an enjoyable and successful summer is to work together as co-parents and ensure that you and the other parent are on the same page regarding parenting time and responsibilities.

Set up a Parenting Plan or Temporary Allocation Order

The parenting plan or parenting agreement is crucial for divorced parents in Illinois. This is the document that contains everything from when each parent will have the children to how major decisions regarding childcare and education will be made. It is important that both parents agree to the terms of the plan, as it will serve as a road map for all parenting situations during summer break and beyond. If you are in the middle of getting divorced and do not yet have your final parenting plan, you can ask the court to enter a temporary order.

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 Posted on March 13, 2023 in Main

Property division, parenting plans, child support - with so many things to contend with during a divorce case, tax considerations often get put on the back burner. If you are planning to divorce, it is very important that you understand how the divorce will influence your tax obligations and prepare appropriately. Educating yourself about tax-related matters now can help you avoid unpleasant surprises and unexpected fees later on.

Tax Filing Status

Once the divorce is finalized, you and your spouse will file taxes separately. During the divorce process, however, you may still be allowed to file jointly. If your divorce was not finalized in the previous year, you can file jointly. Filing jointly may allow for a higher deduction and therefore, a larger refund. If your divorce decree was issued on or before December 31, you cannot file jointly for that year.

Tax Considerations for Retirement Accounts

There are tax penalties and fees associated with early withdrawal from retirement accounts. If your or your spouse has a retirement account and contributed funds to it during the marriage, part or all of the retirement funds are likely marital property. To avoid penalties and tax implications when dividing retirement accounts make sure you use the appropriate legal process and orders for dividing shared retirement funds. Typically, this involves a qualified domestic relations order (QDRO).

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 Posted on March 09, 2023 in Main

When a marriage nears its end, the situation can become contentious rather quickly. Both spouses may deal with feelings of resentment, guilt, anger, and fear. Another common element in many divorces is the financial strain that comes with it. If one spouse cannot afford to move out, then the spouses may be stuck living together until a solution can be reached.

Many spouses question whether they can even get a divorce if they are still living together. They wonder if there is a mandatory separation period in Illinois before divorce is permitted and how long it must last.

If you find yourself in this situation, read on to learn about the divorce requirements in Illinois and what to do if you want to file for divorce but cannot move out immediately.

There is No Longer a Mandatory Separation Period for Divorce

In the past, Illinois required spouses to live separately for a period of at least six months before they could obtain a divorce. This separation period was intended to give couples time to think things through and consider reconciliation. However, in 2016, this requirement was removed from the state laws. Now, you do not have to live apart for any length of time before getting divorced.

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 Posted on February 28, 2023 in Main

Even though the Illinois legal system has developed a sophisticated process for handling complaints of sexual harassment, many people still endure this unacceptable behavior at work and are unsure how to handle it. Worries about embarrassment in front of colleagues, a desire to avoid confrontation, and/or a fear of retaliation often keep people from speaking up about sexual harassment when it happens. Sometimes, it can be difficult to recognize that inappropriate behavior is sexual harassment until after the fact.

However, it is essential to speak up and take action when you feel that are being sexually harassed. There are many reasons for this, not least of which is that what offends one person may not necessarily offend another, and the person bothering you may not realize they are doing so. At the same time, it is important not to let someone continue bothering you simply because they state they do not intend to sexually harass you.

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 Posted on February 25, 2023 in Kane

People who work hard and take professional risks are often rewarded with commensurately high incomes. While this can be a major personal boon, when it comes to divorce, having a significant income or high net worth can create complications. One of the most complicated areas of divorce for high-net-worth individuals and families is that of alimony (known technically as “spousal maintenance” in Illinois). Cases involving alimony for separated high-net-worth couples can be complex and difficult to predict, leading to frustration for both spouses. Understanding the law in this regard is essential for setting realistic expectations and negotiating for fair alimony payments.

Alimony and High Net Worth Divorce

High net worth divorces are generally regarded as those involving over one million dollars in liquid assets, but as long as a couple makes a combined income of less than $500,000, the length and amount of alimony is calculated according to a formula. The formula uses the length of the marriage to determine the length of payments. To determine the amount of payments, the formula subtracts 25 percent of the net income of the spouse who earns less from 33.3 percent of the net income of the spouse who earns more.

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