Recent Blog Posts

Dividing Retirement Funds When You Divorce

 Posted on December 30, 2020 in Main

Wheaton QDRO and QILDRO LawyersSecuring your financial future by helping you save for retirement is something your employer may offer you as an employee. In addition, you may have saved on your own to build a healthy nest egg for your golden years. While money deposited in retirement accounts generally belongs to the person whose name is on the account, when that person gets divorced, if there are no agreements to the contrary, his or her spouse is entitled to an equitable portion of the money contributed into the retirement accounts during the marriage.

Retirement Funds as Marital Property

In Illinois, despite in whose name the account is held, retirement benefits, including pensions and 401k savings accounts, are considered marital property if they are acquired after the marriage was formalized and before a formal dissolution of a marriage is granted by a judge. If either spouse wants to challenge the classification of the retirement benefits as marital property, he or she has to show the court that the benefits were acquired in a way that qualifies as non-marital property under the law.

Continue Reading ››

Four Reasons Your Prenuptial Agreement Might Be Unenforceable

 Posted on December 21, 2020 in Kane

St. Charles prenuptial agreement lawyersIf you and your spouse signed a prenuptial agreement before your wedding, you may feel pretty certain that you have adequately covered all of your bases in the event of a divorce. You have made plans regarding how your individual and marital assets will be divided, whether or not alimony will be paid and, which of you will get to stay in the marital home. With all of these issues settled well in advance, you and your spouse may be enjoying a sense of security and peace of mind. However, some couples who sign prenuptial agreements, make mistakes which could lead to their agreements being set aside as unenforceable by the court.

There are only a few reasons that a prenuptial agreement may be found to be invalid, including:

1. Lack of Full Disclosure

A prenuptial agreement requires a complete financial disclosure from each party regarding income, assets, and debts. The agreement cannot contain reasonable terms if both parties are not fully informed of the relevant circumstances. If your spouse has financial secrets and you did not voluntarily waive your right to disclosure, your agreement may be unenforceable.

Continue Reading ››

Responding to Sexual Harassment in the Workplace

 Posted on December 16, 2020 in Main

DuPage County sexual harassment lawyers

Troubling research suggests that at least 1 in 3 women experience sexual harassment in the workplace. It is a frightening statistic that lifts the lid on the darker side of employment. Despite the relative frequency of these incidents, many companies are still ill-equipped to deal with harassment reports. This has left many women and men unsure of how to react to unwanted advances.

There is no question that sexual harassment in any way, shape, or form is a serious matter. According to the U.S. Equal Employment Commission, even behavior such as teasing or offhand comments can be considered harassment if it happens frequently enough that it creates an offensive or hostile work environment. It could also be considered sexual harassment if it leads to an adverse employment decision in which the victim is demoted or terminated.

Discuss the Issue With the Harasser

If you feel that you are being victimized by sexual harassment, the first person you may wish to speak to is the co-worker who is making you feel uncomfortable. Although this may be awkward, there is a chance that he or she is not aware that the behavior is inappropriate. An email or a memo may be your best option so that there is a record of your exchange. If you decide to speak directly to the person, it is a good idea to memorialize what was said after the conversation concludes with a follow-up e-mail to the person.

Continue Reading ››

Children of Divorce Are Often Less Stressed If They Spend Time at Both Parents' Homes

 Posted on December 12, 2020 in Kane

Kane County family law attorneys

Parents often worry about how their children will cope with divorce. Most do everything they can to smooth the transition, but they do not always know if they are making the right choices. For example, how do parents decide where the child will live? How much time should they be spending with each parent? Should they switch houses every weekend, or is that too much?

The answers to most of these questions are circumstantial and can only be answered by the parents themselves. However, one study does suggest that children fare better if they spend time living with each of their parents. Furthermore, children seem to cope best when their schedule for switching homes is somewhat consistent.

Switching Homes Less Stressful Than Initially Thought

At first glance, the constant switching of homes after divorce might seem more stressful for children, and former studies have suggested as much. However, a recent study from the Journal of Epidemiology & Community Health suggests quite the opposite. In fact, when examining children from divorced families in Sweden, children showed fewer signs of stress (loss of appetite, trouble sleeping, and general sadness) when they spent time living with both of their parents than they did if they lived primarily with one parent. Why is this information different than what was found in previous studies? Experts believe it may have something to do with the improvements made to family law.

Continue Reading ››

Understanding Premarital Agreements in Illinois

 Posted on December 08, 2020 in Main

DuPage County family lawyersA discussion with your fiancé about the settlement of financial matters in the event of a divorce or death, through a premarital agreement, may not be romantic, but it can be a great idea. Some people choose to enter into premarital agreements in order to protect a wide range of property and assets. In other cases, if there are children from a previous relationship involved, the natural parent can request a premarital agreement to protect these children in case of the parent's death.

What is a Premarital Agreement?

Illinois law defines a premarital agreement as an agreement that is entered into by two people who expect to get married and is effective only if the couple marries. Many people refer to premarital agreements as prenuptial agreements, or prenups.

In a prenup, the couple can agree on how to deal with the following matters in case of divorce, or death:

  • The rights and responsibilities of each person with regards to any property they own individually or together

Continue Reading ››

Surviving Divorce: Tips for Getting Through the Complex Process While in Crisis Mode

 Posted on November 23, 2020 in Kane

Kane County divorce attorney

While every divorcee's journey is unique, most find themselves operating in crisis mode. This is generally because divorce does more than just end a marriage. It also changes friendships, can damage relationships with an extended family that they have grown to love, and requires them to even divide time with any children they may share. In short, divorce impacts almost every aspect of a person's life, so to find yourself in emotional turmoil is normal. It does not have to last forever, though. In fact, you can do more than just survive divorce—you can thrive and find the best version of yourself.

Let the People You Love Support You

Ultimately, some of your friendships and relationships may end along with your marriage. Yet, there will likely be others that flourish. Friends that you might not have been quite as close to before may prove to be sound allies because they know what it is like to be in your shoes. Your own family may offer to pick up the kids from school or take them to the doctors because they love you and want to help. Let them in and give them permission to support you. More importantly, give yourself permission to be vulnerable with those that care about you the most. This might prove to be difficult at first, especially if you feel you have failed and that others might judge you for it, but it does get easier the more you do it.

Continue Reading ››

Women in Nursing Especially Vulnerable to Sexual Harassment

 Posted on November 20, 2020 in Main

Illinois sexual harassment attorneysNever have the subjects of sexual harassment and sexual assault been more relevant as they have been in recent years. Advocates for better sexual harassment awareness and prevention say that unreported sexual misconduct has gone on long enough. Women and men in all types of professions can be burdened by unwanted sexual attention from co-workers, but studies show that individuals in certain professions are much more likely to experience sexual harassment or assault at work than others. Nursing, a profession dominated by women, is one of these professions.

Nurses Say Patient Harassment is Unavoidable

Most people would agree that being a nurse is a physically, emotionally, and psychologically demanding job. Nurses not only have to tend to patients' medical needs, but also their social and emotional needs. Unfortunately, the close proximity of nurses to their patients combined with the emotional connection nurses sometimes form with patients can cause patients to cross the line. Many patients in hospitals or doctor's offices are elderly, disabled, or cognitively impaired. Some patients who make sexual advances towards nurses do so because they are suffering from conditions like dementia. Other patients may believe that their inappropriate behavior is harmless or simply not care that the sexual advances make their nurse uncomfortable.

Continue Reading ››

Divorced Parents and College Expenses in Illinois

 Posted on November 19, 2020 in Main

Wheaton family law attorneysIn the state of Illinois, child support is an element present in the vast majority of divorce cases involving children. Child support is meant to provide for the basic needs of minor children and is generally no longer enforceable when the child turns 18 or graduates from high school, whichever comes last. These days, children are often dependent on their parents for a few years after they graduate from high school, especially if they attend college. The Illinois Marriage and Dissolution of Marriage Act addresses this issue and provides guidelines for parents who will help pay for their child's college education.

Covered College Expenses

The court can require one or both parents to be responsible for paying a share of their child's educational expenses until the child turns 23, or 25 in some circumstances. The potential expenses include:

  • Up to five college application

Continue Reading ››

Think Before You Post: How Social Media Can Affect Your Divorce

 Posted on November 12, 2020 in Kane

St. Charles family law attorneysSocial media presents a unique danger when you are in the midst of a divorce or proceedings related to the allocation of parental responsibilities (child custody). In personal injury or criminal cases, clients may be encouraged to set their profiles to private so that the profiles cannot be seen by insurance companies or investigators.

When you are involved in a divorce or child-related action, however, making your social media private may not be enough of a protective measure because you likely are “friends” or connected with people who have an interest in your case—namely your family members and real-world friends. With this in mind, you should consider limiting your posting to social media, in addition to making your profiles private.

Social Medial Posts as Evidence

Virtually any social medial post could be potentially used as evidence by the other party during your family law proceedings. Some of the most dangerous include:

Continue Reading ››

What You Need to Know About Asking a Co-Worker Out

 Posted on November 06, 2020 in Main

Illinois sexual harassment attorneysWhile we know that television often glamorizes certain fantasies, one would be excused for believing in the idea of finding love in the workplace. Take the hit sitcom The Office, for example. Who wouldn't want to find the Pam to their Jim or vice versa?

Of course, dating in the workplace has become much more complicated in recent years, especially in light of the #MeToo movement. More complicated, however, does not mean totally off limits. Even in 2020, it may be possible to ask a co-worker out on a date, but it is important to do so with great care and respect for your co-worker as a person.

Know the Rules

The first thing to keep in mind when it comes to dating a co-worker is that there might be rules against it, especially if one of you is in management and the other is not. In some workplaces, fraternization is formally prohibited. In others, it is merely frowned upon. In certain work environments, however—particularly those with many non-work interactions or after-hours events, workplace romances may be tolerated or outright supported.

Continue Reading ››

Back to Top