Posted on April 08, 2022 in Main

Digital currencies have become an increasingly important component of investors' portfolios. It is estimated that just under four percent of people own cryptocurrency, meaning there are more than 300 million people invested in digital currency across the globe. Cryptocurrency, NFTs, and other non-traditional assets are much harder to value and divide during divorce than other types of assets. Not only is cryptocurrency subject to volatile fluctuations in value over short periods of time, but these assets are also easy to hide from a partner during divorce.

Crypto May Be Used to Hide Assets

Digital currencies are not held in a bank, making them easy to conceal during divorce. Spouses who want to avoid sharing digital assets during their divorce may simply fail to disclose the assets on their financial disclosure form. Often, the best way to find hidden assets is to look for clues in financial documents like tax returns or loan applications. Forensic accounting and asset tracing may be needed to find cryptocurrency and other investments in a divorce.

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 Posted on April 06, 2022 in Main

Parents are not perfect. Many parents have made mistakes in their past that they regret, but this does not necessarily make them any less qualified to care for their children. On the other hand, some parents have shown a pattern of criminal behavior that does make it more likely for child abuse or neglect to take place.

Many divorcing and unmarried parents have questions about how a parent's criminal history can impact child parenting matters. Does having a criminal history automatically prevent a parent from getting parenting time? What if a parent has concerns about their child's safety with the other parent? There is no one-size-fits-all answer to questions like these. Courts make child-related decisions on a case-by-case basis. However, it is very possible that a parent's criminal history may impact the court's decision regarding parental responsibilities and parenting time.

The Child's Best Interests is Paramount

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 Posted on March 22, 2022 in Main

Happy hours and other work events involving alcohol are common in many different industries. Holiday parties, retirement parties, and other celebrations are often overflowing with wine, champagne, beer, and liquor. However, many people are starting to question whether serving alcohol at work events is a good idea. Alcohol has been proven to slow down the central nervous system and lower inhibitions. Studies have also shown a direct link between alcohol consumption and sexual risk-taking.

If you were sexually harassed or assaulted at a work event, the perpetrator's intoxication does not excuse the behavior. Report the harassment according to your company guidelines. If the situation is not rectified, contact a sexual harassment lawyer to discuss your legal options.

Sexual Harassment at Work May Be Fueled by Alcohol

Many businesses encourage the staff to enjoy time together outside of regular work duties. Parties, outings, and related activities can improve employee morale and present team-building opportunities. Unfortunately, many work events involve alcohol and this can increase the chances of inappropriate behavior, including sexual harassment. Having one or two drinks at an office party or happy hour event may seem harmless, but drinking with co-workers can sometimes escalate and eventually cause an unhealthy and offensive workplace culture.

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 Posted on March 17, 2022 in Main

When you are excited about getting married, negotiating a prenuptial or premarital agreement (often called a “prenup”) may be the least romantic thing you could think of. So why are more couples getting prenups now than ever before? Because a well-thought-out prenuptial agreement can help define your financial relationship to each other, providing clarity and peace of mind in the event of a divorce or death down the road—as well as during the marriage itself. Here are five important advantages of signing a premarital agreement:

1. Keep Control of Your Assets

When you get married, you are combining your property and finances. During a divorce in Illinois, a court would try to divide these assets equitably and fairly. Without a prenup, the court—not you—would decide what “fair” means. Do you really want to give up that control? Or would you rather determine in advance what would be fair to each of you, avoiding a potentially long and expensive process of identifying, appraising, and dividing complicated assets later on?

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 Posted on March 15, 2022 in Main

Employees have certain rights, including the right to be free from harassment and discrimination at work. Despite continued efforts to eradicate harassment and discriminatory practices from American workplaces, sexual harassment continues to be a problem. Every worker should be aware of his or her rights and know the signs of sexual harassment. The greater number of people who stand up against unlawful harassment, the closer we get to eliminating this problem.

What Counts as Sexual Harassment?

Many people ask whether certain behaviors constitute sexual harassment. To be clear, employees should speak up about any behavior that makes them feel uncomfortable. That being said, federal law breaks sexual harassment down into two main categories. Using a position or authority to coerce sexual favors from an employee is called “quid pro quo” sexual harassment. Hostile work environment sexual harassment involves severe or pervasive conduct that creates a hostile, offensive, or intimidating work environment.

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 Posted on March 02, 2022 in Main

Spousal support refers to payments that one spouse makes to the other after a divorce. In Illinois, alimony or spousal support is called “spousal maintenance.” Not all divorce cases involve an order for maintenance. However, maintenance may be available in certain situations.

Whether you are interested in seeking maintenance payments from your spouse or you suspect that your spouse will petition the court for maintenance, it is important to understand your rights and responsibilities under Illinois law.

Premarital Agreement or Postnuptial Agreement

A prenuptial agreement or postnuptial agreement is a document that describes each spouses' financial rights and responsibilities in the event of divorce or death of a spouse. Prenups may be used to differentiate marital property from non-marital property, assign spousal maintenance, and more. If you and your spouse have signed a prenuptial agreement allocating spousal maintenance, the court will uphold the agreement unless there are concerns about the legal enforceability of the agreement.

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 Posted on March 02, 2022 in Kane

Getting divorced means addressing multiple complex issues, including the division of marital assets and debts. For some couples, asset division is a straightforward process. However, the greater a couple's complex and high-value assets, the more complicated asset division during divorce becomes.

If you or your spouse own stock options or restricted stock and you plan to divorce, it is important to understand how these unique assets are typically dealt with. Educating yourself is a great first step in protecting your financial interests during divorce and avoiding costly mistakes. Additionally, make sure to work with a skilled divorce lawyer experienced in complex property division matters.

Are Stock Options and Restricted Stock Considered Marital Property?

Marital property belongs to both spouses and typically includes any assets or debts acquired during the marriage. Non-marital property belongs solely to one spouse. The first step in addressing stocks in a divorce is determining ownership of the stock assets. Per Illinois law, stocks options, restricted stock, and similar benefits granted to a spouse during the marriage are considered marital property – regardless of whether the stock was vested or non-vested.

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 Posted on February 28, 2022 in Main

Sexual harassment is a type of discrimination prohibited by the Civil Rights Act of 1964 and other legislation. Unfortunately, the issue of workplace sexual harassment is present in workplaces throughout the U.S. In recent years, however, more and more victims of sexual harassment and assault have come forward with their stories and started standing up for their rights.

Recently, Congress passed an amendment to the Federal Arbitration Act that ended mandatory arbitration for sexual harassment claims. President Biden is expected to sign the act into law soon.

New Law Invalidates Pre-Dispute Arbitration Agreements Between Employees and Employers

Prior to the amendment to the Federal Arbitration Act, some employees who experienced sexual harassment or assault at work were required to arbitrate their claims before bringing a lawsuit through the court. H.R. 4445 prohibits employee agreements obliging workers to mandatory arbitration. Instead, employees have the option to resolve claims through arbitration, or they may choose to proceed with litigation through the court. The new legislation puts the power back in the hands of the employees, not the employers. The amendment applies to employees who have already signed an agreement requiring arbitration.

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 Posted on February 21, 2022 in Main

Per Illinois law, unmarried and divorced parents are still expected to contribute to their child's financial needs. The parent with less parenting time usually fulfills his or her end of the obligation through child support payments. Many parents are confused about how child support is calculated. They know that child support is based on the parents' respective net incomes; however, they are unsure of what constitutes “net income.” Furthermore, special circumstances can make the process of calculating child support even more complex.

What Types of Income Are Used to Determine Child Support?

Illinois has adopted the Income Shares Model to calculate child support. This calculation method uses both parents' net incomes to determine a child support payment amount.

Net income includes any source of income that increases wealth and may include:

• Hourly wages
• Salary
• Bonuses

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 Posted on February 21, 2022 in Kane

Divorcing spouses must address many issues, including parenting and child support issues, the division of property and debt, and spousal maintenance. Ideally, divorcing couples will be able to reach an agreement regarding the terms of their divorce. Agreements save divorcing spouses time, energy, and money when compared to having to litigate contested issues. However, most couples need some help to reach an agreement about how to resolve their divorce. Family law mediation or divorce mediation is an alternative resolution method that may help spouses reach agreements on unresolved divorce and family law issues.

Determining the Terms of the Divorce in a Cooperative Manner

If you are in the beginning stages of divorce, you may feel trepidations. There are many major decisions to be made. Determining who will keep the family home or how you will divide parenting time with your children can be difficult under the best circumstances. Figuring these issues out with someone you are in the middle of divorcing is even harder.

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