Posted on December 21, 2021 in Kane

As parents age and children become adults, sometimes the parenting roles flip, and an adult child takes on a caretaking role for his or her parents. Age-related cognitive decline, Alzheimer's disease, dementia, and physical disabilities can leave an older person unable to care for themselves. If your parent is suffering from a physical or mental disability, you may be curious about seeking guardianship.

Guardian of an Adult in Illinois

Guardianship is a legal tool that gives control of a person's personal affairs and/or finances to someone else – often a relative of the disabled person. The Illinois probate court recognizes several forms of guardianship: “Guardian of the person” gives a responsible adult control over the ward's personal and healthcare decisions. “Guardian of the estate” gives the person control over the ward's finances.

Often, guardianship is needed because an elderly person cannot make sound decisions and/or keep themselves safe. Limited guardians can make decisions about specific concerns but do not have full control over the ward's personal or financial affairs. A plenary guardian has the authority to make any and all major decisions about healthcare and/or finances. The same person may act as guardian of the estate and guardian of the person or different people may fill these roles.

Continue Reading ››

 Posted on December 15, 2021 in Main

Sexual harassment is a form of illegal discrimination. While unlawful, sexual harassment continues to occur in DuPage County and throughout Illinois. Workplace sexual harassment falls into two broad categories: Quid pro quo harassment and hostile work environment.

Many people are unsure of what types of behaviors constitute sexual harassment. Some victims of sexual harassment convince themselves that they are overreacting or misunderstanding the situation. To be clear, anyone who feels threatened, offended, insulted, or demeaned at work should speak up. Even if the behavior has not yet crossed the line into sexual harassment, it is likely to escalate in the future, so it is best to report the behavior right away. That being said, people who have been victims of sexual harassment at work often experience the same types of feelings.

Red Flags You Are a Victim of Sexual Harassment

Sexual harassment can take countless forms. You may be a victim of sexual harassment if:

Continue Reading ››

 Posted on December 14, 2021 in Kane

It is common for spouses to mutually agree that one will work outside the home, while the other stays home to raise children or manage the household. When couples in these situations divorce, the spouse who did not work for pay is often fearful about how they will support themselves going forward. Fortunately, Illinois courts consider the value of non-economic contributions made by a homemaker spouse during property division decisions.

Illinois law also offers opportunities to homemakers in the form of spousal maintenance. Working with an experienced divorce lawyer can help ensure that you take full advantage of these opportunities.

What Legal Protections Do I Have as a Homemaker During Divorce?

When a spouse has been out of the workforce for years, it can be difficult for them to fend for themselves financially. Courts will usually try to prevent a situation where one spouse is unable to support themselves and provide for their basic needs after getting divorced. If you gave up a career to devote yourself to homemaking or child-rearing, these options may be available to you:

Continue Reading ››

 Posted on December 14, 2021 in Main

Many people assume that money is the answer to all of their problems. However, in reality, money can often make life more complicated. This is certainly the case when it comes to divorce. High net worth divorce cases usually involve a greater number of complex issues legally, financially, and personally. If you and your spouse have amassed considerable wealth and you plan to divorce, keep the following considerations in mind.

Valuing and Classifying Property May Be the Hardest Part of the Property Division Process

Deciding who gets what is often one of the most contentious parts of the divorce process. In a high net worth divorce, many couples also run into challenges valuing assets and identifying assets as marital or non-marital. Real estate, investments, business interests, and other complex assets should be professionally valued before spouses begin negotiating a property division settlement. Assets will also need to be classified as marital property belonging to both spouses or non-marital property belonging to only one spouse.

Continue Reading ››

 Posted on December 08, 2021 in Main

Employees have the right to be free from sexual advances and offensive behavior at work. Although multiple federal and state laws prohibit sexual harassment, workplace harassment and discrimination continue to be problems in Illinois and throughout the U.S.

Unfortunately, many victims of workplace sexual harassment never report the harassment. They fear that nothing will be done to stop the harassing behavior, or worse, that they will face retaliation for reporting the harassment. If you are in this situation, you should know that retaliation is unlawful. Your employer may not “punish” you for filing a sexual harassment or discrimination complaint. If they do, you may be entitled to legal remedies including monetary damages.

What Does Employer Retaliation Look Like?

When an employee is sexually harassed at work, he or she should report the sexual harassment according to the company's sexual harassment policy. Often, this means reporting the harassment to the human resources department. The employer is required by law to address the harassment properly and prevent further harassment. Unfortunately, some employers take the opposite approach and retaliate against the person who reported the harassment.

Continue Reading ››

 Posted on December 02, 2021 in Main

Divorce can have major financial repercussions for both spouses. When divorce places a significant financial burden on a spouse, that spouse may be entitled to alimony or spousal maintenance as it is called in Illinois. However, spousal maintenance is only awarded in certain circumstances. Whether you are the family's breadwinner or the lesser-earning spouse, it is important to know how spousal support may impact your divorce.

Entitlement to Spousal Maintenance

There are three main avenues through which spouses may receive spousal maintenance in Illinois. The first is a prenuptial agreement or postnuptial agreement. If you and your spouse signed a marital agreement entitling one spouse to maintenance, the court will likely uphold the agreement.

Spouses may also agree on a spousal maintenance arrangement. Collaborative law or divorce mediation may help the spouses negotiate the exact terms of the spousal maintenance agreement. Alternatively, the spouses may negotiate maintenance through their attorneys.

Continue Reading ››

 Posted on November 30, 2021 in Main

Employees in the United States have options for addressing discrimination due to sexual harassment. Those who have experienced these forms of harassment in the workplace may be able to take legal action to address issues such as a hostile work environment or actions by managers or other employees that have affected their careers or their ability to maintain employment. These issues can affect workers even at high profile companies that have a positive reputation. This was recently demonstrated in a lawsuit filed against Tesla, the maker of electric vehicles.

Lawsuit Alleges Sexual Comments and Other Forms of Harassment

In November of 2021, a 38-year-old woman who works the night shift at Tesla's plant in Fremont, California filed a lawsuit against the company. Her suit claims that she experienced sexual harassment on a daily basis and that the company has a “pervasive culture” of sexist behavior.

In the lawsuit, the woman described multiple types of disturbing behavior that she experienced. In addition to derogatory comments about her body and other sexual comments made to her and her female coworkers, she also experienced groping and inappropriate touching, including male workers rubbing their bodies against hers or claiming that touching was unavoidable due to the need to work close to each other. She also had supervisors proposition her while claiming that they controlled her career and advancement. While she alleges that had filed multiple complaints, she also alleges that the company did not respond, and that the harassment she experienced caused her to suffer extreme emotional distress.

Continue Reading ››

 Posted on November 23, 2021 in Kane

When a couple divorces, they must determine how to divide the property they accumulated during the marriage. According to Illinois law, nearly every asset that a couple obtains during the marriage is considered marital property in a divorce. Assets that were obtained before the divorce are nonmarital or separate property – with some exceptions.

If you are getting divorced, you may have questions about how your retirement assets will be handled. You may ask, “Does my spouse get a portion of my retirement funds?” Or “Will I have enough money to retire if I get divorced?”

Who Gets Retirement Savings?

If you are like many people planning to divorce, you may assume that your retirement savings are yours alone. After all, your retirement assets were earned based on your hard work. However, retirement assets are typically treated just like any other asset during divorce. Unless you have a prenuptial agreement or another type of marital agreement that gives you sole ownership over retirement assets, any assets you earned during your marriage are likely marital property. This means that your spouse does have a right to an equitable share of the retirement assets. Assets that you earned before you got married are non-marital assets.

Continue Reading ››

 Posted on November 18, 2021 in Main

Did you know that experts consider divorce to be one of the most stressful life events a person can experience? Getting divorced can take a major toll on your mental health. It can be even harder to cope with a divorce or separation during the holidays. If you are in the midst of a divorce, consider the following tips for reducing your stress.

Accept Your Feelings and Do Not Bottle Emotions

Experts liken getting divorced to losing a loved one. Many divorcing spouses go through the same stages of grief that someone mourning a death would go through. You may feel angry, depressed, guilty, frustrated, and confused – perhaps within the same hour. You may also feel excited and hopeful about your post-divorce future. Whatever feelings you experience, accept them and recognize that this type of emotional volatility is completely normal during a divorce.

Work With Professionals Who Can Make the Process Easier

Many people try to handle divorce on their own. However, doing so can make the process much more difficult than it needs to be. Having a support team can make all the difference in the world. An experienced divorce lawyer can handle the legal, financial and logistical aspects of your divorce while mental health professionals including therapists and counselors can help you cope with the emotional and psychological aspects of the split.

Continue Reading ››

 Posted on November 12, 2021 in Main

Child support helps parents pay for housing, childcare, education and extracurriculars, and other child-related expenses. Illinois courts use an Income Shares Model to calculate child support payments. This model uses both spouses' net incomes to determine a child support payment amount that provides the needed financial support without overburdening the paying parent. However, determining child support is not always as straightforward as it may seem. One situation that can make child support calculations more complicated is a parent's unemployment.

Is an Unemployed Parent Required to Pay Child Support?

Illinois courts prioritize a child's best interests above all else during child-related legal matters. A child's financial needs do not change because a parent becomes unemployed. Consequently, a parent without an income is not automatically absolved of their child support obligation. However, a parent who is struggling to fulfill his or her obligation may be able to request a child support modification and reduce his or her payments in some situations.

Continue Reading ››