Recent Blog Posts

What Are the Most Common Financial Mistakes During Divorce?

 Posted on February 25, 2025 in Divorce

DuPage County, IL divorce lawyerDivorce is a difficult time, both emotionally and, for many, financially as well. When one household becomes two, the same amount of money must stretch further for both spouses. It can be tempting just to let your spouse have whatever he or she wants to never have to argue about these issues again and to be able to move on with your own life, but doing so can financially cripple you for a very long time. So, if you are sick of arguing, do not give up and give in. Instead, take a step back and let our experienced Wheaton, IL divorce attorney fight on your behalf.

Financial Mistakes Made During Divorce That Can Affect Your Future

The biggest financial mistakes that are made by the greatest number of people during a divorce include:

Trying to Get a Divorce Over as Quickly as Possible

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Why Timing Matters in a Sexual Harassment Case

 Posted on February 25, 2025 in Sexual Harassment

DuPage County, IL sexual harassment lawyerMore than half of all employees surveyed stated they had witnessed inappropriate behavior in their workplace. In the EEOC's 2022 report, out of the 98,411 claims of workplace harassment, 28 percent were specifically for sexual harassment. A startling 72 percent of victims of sexual assault in the workplace do not report the assault, either because they fear it will adversely affect their career or because they have little faith in the claims process.

There are essentially two issues related to timing in a sexual harassment case. The first issue relates to the legal time limits victims of sexual harassment claims are given to file a case. The second issue is not as clearly defined but relates to timing as far as when an employee files a sexual harassment claim after being disciplined rather than filing it immediately after the harassment occurred.

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What Are Some Potentially Bad Outcomes from DIY Divorces?

 Posted on February 10, 2025 in Divorce

St. Charles, IL divorce lawyerIn our DIY world, the do-it-yourself approach to divorce can be appealing, largely due to monetary savings as well as the perception that a DIY divorce is much simpler. Unfortunately, many things can go wrong during a divorce. Often, divorces that start out as uncontested can quickly turn hotly contested. Even when there is no personal dislike between spouses, the process of divorce can be legally complex, financially burdensome, and emotionally difficult.

A do-it-yourself divorce is very different from painting your living room wall or repairing your own dishwasher. DIY divorces can have long-term, adverse consequences that can financially cripple one spouse, end up in an unfair allocation of parental responsibilities, or result in an unfair division of marital assets and loss of support. If you are unaccustomed to navigating the law, it is virtually always better to hire a knowledgeable Illinois family law attorney who has experience in all aspects of divorce.  

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How Are Governmental Sexual Harassment Claims Treated?

 Posted on February 10, 2025 in Sexual Harassment

Wheaton, IL sexual harassment lawyer for government employeesA CIA workplace sexual assault case has recently emerged, which appears to show a pattern of shielding sexual misconduct among the ranks. During his own birthday party at a CIA office, a veteran officer drank too much, groped a colleague, reached up her skirt, and forcibly kissed and fondled her – in front of stunned co-workers. The woman filed a sexual harassment claim, and while the CIA itself refused to disclose details on the extent of sexual harassment in the agency, a 648-page internal watchdog report found systemic shortcomings in how the agency handled harassment claims.

In many cases, complaints of harassment and sexual harassment were classified as secret. This allowed the complaints to be shielded from public view as a "threat to national security." The watchdog report followed a prior AP investigation that found at least two dozen women came forward with accounts of sexual harassment and assault, as well as attempts to silence them.

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Proving Cohabitation in an Illinois Spousal Support Case

 Posted on February 10, 2025 in Divorce

Wheaton, IL alimony lawyer for stopping paymentsAn Illinois ex-spouse who is paying spousal maintenance can rightfully be resentful when the receiving spouse is cohabitating with another person. In fact, barring a divorce agreement that states otherwise, spousal support terminates when either party dies, the receiving party remarries, or if a cohabitation relationship by the receiving spouse can be proven. Under Illinois law, a de facto marital relationship (one that is not officially sanctioned) is treated no differently than a de jure (officially sanctioned) marriage.

But what if your ex is receiving spousal maintenance and is, for all practical purposes, living with another person – but denies that fact so he or she can continue receiving spousal maintenance? This is a situation that can benefit greatly from the assistance of an Illinois family law attorney who can help you prove your ex is cohabitating and should not continue receiving spousal maintenance.

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How Hidden Assets Can Affect a Divorce in Illinois

 Posted on January 24, 2025 in Family Law

DuPage County, IL divorce lawyerUnder Illinois's equitable distribution laws, marital assets are to be divided fairly, although not necessarily equally. If a couple is unable to divide marital assets on their own, a judge will consider many factors and make a fair division of those assets.

While it is neither legal nor ethical, one spouse often attempts to hide marital assets in an attempt to avoid splitting them with his or her spouse. If you believe your spouse is hiding assets, it is essential that you share your beliefs with your Wheaton, IL divorce lawyer.

How Are Assets Hidden By One Spouse During a Divorce?

A spouse who refuses to present a full picture of his or her finances is not only breaking the law, but financially harming the other spouse. Ideally, both spouses should always have a full picture of their marital finances so they will know when assets are being hidden.

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What Are Parenting Coordinators, and What is Rule 909?

 Posted on January 24, 2025 in Family Law

St. Charles, IL custody attorneyIf you are in the middle of a custody fight with your spouse during your divorce, a judge may appoint a parenting coordinator. A parenting coordinator is a third party whose job is to resolve parenting conflicts outside of the courtroom.

The appointment of a parenting coordinator is not meant to punish parents. The purpose is to educate parents in problem-solving and disagreement resolution and to make decisions on their behalf when they cannot or will not make them on their own.

Parenting coordinators are meant to keep the court from getting bogged down with parental disputes. Whether you and your spouse have a parenting plan and have determined the allocation of parental responsibilities and parenting time or are just starting the process, if you have questions your Illinois family law attorney can help.  

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Sexual Harassment in the Workplace from Customers or Clients

 Posted on January 24, 2025 in Sexual Harassment

Wheaton, IL sexual harassment lawyerMost of us are more familiar with sexual harassment in the workplace coming from a co-worker or a boss. In many instances, sexual harassment in the workplace is from clients or customers of the business. This is more common among those in the hospitality industry, but it can also occur in many other industries.

A salesperson could be sexually harassed by a client, a grocery store cashier could be inappropriately touched by a customer, or a nurse could have a patient who constantly makes sexually inappropriate jokes. Sexual harassment by customers, clients, and patients occurs more often than most people would think.

Those who suffer the sexual harassment may be unsure whether their employer can be held liable in these instances. If you have been sexually harassed by a client, customer, or patient, it is important that you speak to an experienced Wheaton, IL sexual harassment lawyer as soon as possible after the incident.  

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Illinois Legislators Continue to Push for 50/50 Parenting Time

 Posted on January 09, 2025 in Family Law

St. Charles, IL child custody lawyerIllinois lawmakers have been introducing bills each year that would give divorcing parents equal parenting time (formerly known as "visitation"), starting in 2018 and continuing through 2023. So far, bills asking for equal parenting time splits have been defeated each year despite some strong-arm tactics by promoters. The National Parents Organization has thrown its full support behind these bills, while the Illinois Chapter of the American Academy of Matrimonial Lawyers has consistently pointed out the potential problems.

If one of these bills were to pass, the Illinois provision that states "Nothing in this Act requires that each parent be allocated decision-making responsibilities" would be removed. If you are in the middle of a divorce that includes child custody (known in Illinois as "parental responsibilities"), a bill like this could potentially affect you. Speaking to a knowledgeable St. Charles, IL parenting time lawyer can be beneficial.  

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Which New Illinois Laws in Effect in 2025 Will Impact Parents?

 Posted on January 09, 2025 in Family Law

DuPage County, IL family lawyerMany parents struggle to ensure their children have safe, affordable daycare options. Other parents face family law issues, including divorce, spousal support, the division of marital assets, parenting time, and the allocation of parental responsibilities and child support.

The new laws set to take effect in 2025 in the state are meant to make life a little easier for parents. If you have questions about these new laws, or need legal assistance with any family law issue you are facing, speaking to a Wheaton, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be beneficial.  

New Laws Set to Take Effect in 2025

There are several new Illinois laws that went into effect on January 1st that could potentially impact families. These include:

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