Posted on August 25, 2021 in Kane

If you are a divorced or unmarried parent who shares custody (now known as Parental Responsibilities) with your ex, you may have questions about moving. Each state handles child custody issues differently. In Illinois, you may need to complete certain steps and get the court's permission to move if the move counts as a “relocation” under Illinois family law. The county in which you reside and the distance between your current home and future home impact the steps needed to move with your child. Read on to learn the answers to frequently asked questions about parental relocations in Illinois.

What is the Difference Between Moving and Relocating?

The words “move” and “relocation” are sometimes used interchangeably, however, these terms have different meanings under Illinois child custody law. If you live in Cook County, DuPage County, McHenry County, Kane County, Lake County, or Will County, any move further than 25 miles away is considered a relocation. The move is also a relocation if you move out of the State of Illinois, even if it is less than 25 miles. If you live in an Illinois county not listed above, moving more than 50 miles away is considered a relocation.

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 Posted on August 20, 2021 in Main

If you are an unmarried parent or you plan to divorce, you may have questions and concerns about child custody. In Illinois, the term “child custody” is still used informally, but the state does not officially use the terms custody and visitation when referring to parenting duties. Instead, parenting duties are divided into parental responsibilities, meaning a parent's authority to make decisions about the child's schooling, healthcare, and other important matters, and parenting time, or the physical time a child spends with each parent.

If you wish to obtain all of the parental responsibilities or parenting time, it is important to understand the circumstances under which Illinois grants sole custody.

Illinois Law Presumes a Child Should Spend Time with Both Parents

The legal presumption in all child custody cases is that the child is best served by having both of his or her parents involved in his or her life. Even if one parent is granted all of the parental responsibilities, the other parent typically still has the right to parenting time.

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 Posted on August 12, 2021 in Main

Television shows and movies have perpetuated many misconceptions about divorce. The most prevalent of these false beliefs is the notion that a divorce case will be wrought with turmoil and conflict if the spouses hire attorneys. On the contrary, having a divorce attorney can help you and your spouse negotiate a divorce settlement agreement without a stressful courtroom showdown. In fact, many divorce attorneys now utilize collaborative law to resolve divorce issues without litigation.

In a collaborative divorce, each spouse and his or her attorney work with a collaborative team to discuss divorce issues, explore various solutions, and negotiate the terms of the divorce. The individuals who join the spouses and their attorneys can vary depending on the unique issues the spouses are dealing with.

Creating a Collaborative Team During Your Divorce

A collaborative divorce involves a series of collaborative meetings during which the spouses, their attorneys, and other participants discuss the unresolved divorce issues. They may negotiate a property division settlement, parenting plan, spousal maintenance agreement, or discuss other concerns. The ultimate goal of the collaborative meetings is to find solutions to disputes without going through the litigation and/or trial process.

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 Posted on August 06, 2021 in Main

Activision Blizzard is responsible for some of the most popular video games on the market, including “Candy Crush,” “Call of Duty,” and many more. However, the company's good reputation has recently been threatened by accusations of discrimination and sexual harassment. Many employees claim that they faced sex-based discrimination, retaliation, and even assault. The company was faced with a discrimination lawsuit on July 20, 2021, but some employees have been less than impressed with the company's response to the lawsuit.

California Department of Fair Employment and Housing Alleges Harassment and Discrimination

In a suit filed by the California Department of Fair Employment and Housing (DFEH), Activision Blizzard has been accused of unfair treatment toward female employees, unequal wages, sexual harassment, and fostering a “frat boy workplace culture.” The lawsuit was filed after a two-year investigation into the company's alleged discriminatory actions.

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 Posted on August 04, 2021 in Main

When we think of newlyweds, we typically imagine happy couples joyfully embarking on their marriage relationship. Unfortunately, for some spouses, the days, weeks, and months after the wedding are fraught with regret. If you got married and then realized that the marriage was a mistake, you may be eager to end the relationship. You may wonder whether you can get your marriage annulled. In Illinois, annulment is possible, but only under certain conditions. Married couples who do not meet the criteria for annulment must end their marriage through divorce.

Illinois Law Regarding Annulments

An annulment is referred to as a “Declaration of Invalidity of Marriage” in Illinois law. Annulments are often portrayed in pop culture as a shortcut to getting divorced. However, divorce and annulment are two completely different legal processes. Divorce ends a marriage. Annulment, on the other hand, declares that a marriage was never valid in the first place.

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 Posted on July 31, 2021 in Kane

So you are gearing up for a wedding in Illinois – congratulations! The time before your wedding can be one of the most precious and tender periods of your life. Preparing for a wedding is an exciting and exhausting process, and it is easy to let things slip through the cracks. Despite having so many things to do, one crucial thing that all couples should consider before they tie the knot is the value of a prenuptial agreement.

Nobody wants to think about their marriage ending before it begins, and some people are reluctant even to discuss a prenup with their fiancé. However, there is a way to frame a prenup that could be considered gentle and even romantic: You love your fiancé so much that, starting right now, you are going to protect their interests – even if you separate later.

A prenuptial agreement is the best way to protect your premarital assets and interests and can help you, and your spouse navigate a divorce with far less conflict in the future. Here are some things to consider as you contemplate whether you want a prenup:

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 Posted on July 30, 2021 in Main

Divorce is a distressing process that can have emotionally devastating consequences. Worse, it often comes on the heels of years of marital conflict. Understandably, divorcing spouses often feel lonely and are eager to begin dating once it becomes clear that their marriage has irreconcilably broken down. However, dating before your divorce is complete can have a negative effect on the outcome of your divorce.

Your Finances Are Under Scrutiny

One of the risks of dating someone during your divorce is that the money you spend on your new partner may be considered “dissipation of assets.” Dissipation occurs when a spouse spends money, sells property, or destroys assets near the end of the marriage on a purpose not benefiting the marriage or the other spouse. Spending money on gifts for a new romantic partner is one of the most common forms of dissipation. If your spouse files a dissipation claim against you, you may be required to reimburse the marital estate for the dissipated assets.

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 Posted on July 19, 2021 in Main

Flirting and making crude jokes with coworkers is unwise behavior for a number of reasons. Everybody has a different threshold for tolerating this behavior; what someone finds funny, someone else may find downright offensive, and what one person views as harmless flirtation may be perceived by someone else as unwanted harassment. Even a casual observer may object to behavior or language they see or overhear.

Workplaces are staffed by adults who are complex and imperfect. Many people have casual, flirtatious friendships with coworkers that, while they may be ill-advised, do not cross into the domain of sexual harassment. Yet workplace sexual harassment is common, and it is illegal. It causes negative consequences for victims and can interfere with a victim's ability to do his or her job. So how do you know if flirting has crossed a line? And if it has, what can you do about it?

Know The Definition of Sexual Harassment

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 Posted on July 12, 2021 in Main

Although most couples in Illinois typically engage in the divorce process together, in some high-conflict divorces, one spouse will refuse to cooperate in the divorce proceedings. Your spouse may become nonresponsive, refuse to negotiate, or refuse to sign divorce papers. This may be in an attempt to control you, get revenge, or even avoid legal consequences due to previous criminal behavior. Whatever the reasons, a non-cooperative spouse can derail the divorce proceedings and make your life very difficult.

Only One Party Has to Sign Divorce Papers

Fortunately, you have legal recourse to complete the divorce process, even if your spouse is noncooperative. A common misconception about Illinois divorces is that both parties need to sign the divorce papers in order to finalize the divorce, but this is not true.

You must make sure your spouse knows about the divorce filing, and then your spouse will have 30 days to respond. If they do not respond to the divorce filing, or file any motions of their own, the court can issue a Default Judgment. Notification of the pending default judgment must then be sent to your spouse.

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 Posted on July 09, 2021 in Kane

Marriages start out with high hopes and good intentions, but people are unpredictable, and some problems cannot be foreseen. Many people have heard the term “annulment” and believe it is an easy alternative to divorce for ending a marriage that recently took place, but this is not so.

From a legal perspective, in Illinois, an “annulment” is legally referred to as a “declaration of invalidity of marriage.” For the sake of brevity, we will refer to a declaration of invalidity of marriage as an annulment as we explore the difference between a divorce and an annulment and when one may be more appropriate than the other.

When Can a Marriage Be Declared Invalid?

An annulment is a court order that says a marriage is not and never was valid and should therefore not be considered legal by the state. A divorce, by comparison, is a court-ordered ending to a valid marriage.

In Illinois, there are four main reasons someone could get a marriage declared invalid:

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