Posted on February 22, 2021 in Main

Allegations of child abuse, both real and imagined, are sadly common in many divorce cases, as emotions run high and dirty laundry may be aired. If your spouse has lodged accusations of child abuse or domestic abuse against you as a part of your divorce proceeding, it is important to know how to react so that you can protect the relationship you have with your children as well as your reputation.

Interacting With DCFS

In Illinois, the Department of Children & Family Services (DCFS) is required by law to investigate any accusation of child abuse, regardless of its source. Even if you know at the outset that the accusation is spurious, DCFS has a legal mandate to investigate, and the law must be followed. While it is understandable that you might be offended or angry at the insinuation that you would act in a negative manner toward your children, DCFS officers might take such behavior as defensiveness. This is not to say that DCFS personnel will never make unreasonable requests. If you feel that a request or order is unrealistic or inappropriate, it is generally best to consult with your attorney and possibly the court.

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 Posted on February 15, 2021 in Kane

The process of divorce can often take much longer that you expect. Depending on the circumstances of your case and the considerations that must be made, the proceedings can carry on for months and, in some situations, even years before a final judgment is entered by the court. During that time, of course, your life does not simply stop. You must continue paying your mortgage and utility bills and providing for your children—only now you are faced with managing such things on your own. For this reason, Illinois law provides courts with the authority to issue temporary orders that can offset some of the financial difficulties that many divorcing individuals face.

Temporary Spousal Support

It is not uncommon in a marriage for one spouse to earn significantly more than the other. Such an arrangement may serve a couple perfectly well while the marriage is intact, but once divorce proceedings have been initiated, things can change quickly. A financially disadvantaged spouse may file a motion for temporary maintenance with the court. Based on the circumstances as they exist at the time, the court may order the higher-earning spouse to make support payments directly to the lower-earning spouse. The court could also require the higher-earning spouse to cover certain expenses—such as those related to the marital home—for the duration of the divorce.

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 Posted on February 09, 2021 in Main

We would like to believe that we live in an age where mistreating another person due to gender, race, sexual orientation, religion or any other personal characteristic is a thing of the past. Of course, we realize that there will always be certain individuals who behave poorly, but overall, our allegedly “enlightened” society should not have to deal with such problems on a widespread basis. Unfortunately, however, reality does not always match our expectations. A recent study has found that an overwhelming majority of American women will experience some form of sexual harassment before they reach the age of 25.

A Study on Relationships and Sex

A team of researchers from Harvard University conducted in-depth surveys of more than 3,000 high school students and young adults between ages 18 and 25. The study examined how young people approach romantic and sexual relationships based on their personal values and past experiences. While the research covered a variety of topics such as the perception of the so-called “hook-up” culture and concerns about building meaningful romantic relationships, the results revealed some rather disturbing details.

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 Posted on February 04, 2021 in Main

Divorce can be difficult and painful for any couple, but victims of domestic violence face a unique situation that few understand. These cases are not generally about who gets the house, the kids, or the dog. Instead, they are focused on safety and security. Victims must take extra precautions. Above all else, they need strong allies and advocates in their corner to help protect them from further acts of violence. If you are a victim of domestic violence and are seeking a divorce, there are steps you can take to help you move forward safely, securely, and with a measure of confidence.

Be Prepared for Potential Safety Issues

Whether you are still living with an abusive partner and making plans, or have recently moved out and are afraid as to what may happen in the weeks and months to come, it is important that you take immediate steps to protect yourself. If you have not done so yet, take photographs of any bruises or injuries. Gather any medical documents you may have on previous injuries.

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 Posted on February 01, 2021 in Kane

Parents who are no longer married to or romantically involved with one another often face serious challenges in developing an agreement regarding the allocation of parental responsibilities. In most cases, both parents want to continue to play an important role in their child's life and are willing to compromise to make that happen. Sometimes, however, the parents cannot reach an agreement on their own. When this happens, the court must step in and assign parental responsibilities and parenting time in a manner that promotes the child's best interests.

The process of determining parenting rights and responsibilities was—until just a few years ago—known as “child custody” in Illinois. In 2016, however, an update to the Illinois Marriage and Dissolution of Marriage Act revamped the court's approach to the subject and replaced the term “child custody” with the phrase “allocation of parental responsibilities.” Additionally, the law divides parental responsibilities into two primary areas, each of which may be determined separately.

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 Posted on January 26, 2021 in Main

Despite continued public awareness efforts and educational campaigns, sexual harassment continues to be a problem in today's society. But, where does the root of the problem lie? Is it simply based in misogyny or are there more complex factors that must be considered? Research is beginning to show that bullying behavior at a young age may be linked with sexual harassment down the road, giving credence to the idea that sexual harassment is, at its core, another form of establishing dominance in a given arena.

A Pattern of Behavior

Several recent studies, including studies from the University of Illinois and the Centers for Disease Control and Prevention, found that young adolescent boys who bullied classmates were 4.6 times more likely to commit sexual harassment later in life. Additionally, boys who engaged in homophobic taunts or teasing related to gender or sexual orientation in school were 1.6 times more likely to engage in sexual harassment later.

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 Posted on January 25, 2021 in Main

Most couples have complex and intertwined assets that can be difficult to separate in divorce, but those who co-own a business can have an especially trying process ahead. If either or both parties also wish to protect the business and keep it running, there is yet another layer of complexity added to this issue. If you are filing for divorce, have a joint business, and wish to protect it in divorce, the following information can help.

Separating and Saving a Joint Business is Complex but Not Impossible

Starting and running a business has always required an investment, but today's business market has made things even more time and resource intensive. This is why so many newer companies are jointly owned—or have investing partners. Sometimes, these joint owners or partners also happen to be married. This can be a positive thing for couples who enjoy spending time together, but if the marriage eventually ends, the stress and worry over the company and its future can create a great deal of conflict during the divorce process.

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 Posted on January 19, 2021 in Kane

If you and your spouse are getting divorced, it may seem reasonable to assume that you would get to keep the assets and debts that are in your name while your spouse keeps those that are in hers. While such an assumption may be fairly logical, the reality of divorce is often much different, as the laws that govern divorce in Illinois are intended to ensure an equitable distribution of marital property.

Understanding Equitable Distribution

A few states require marital property to be evenly divided during a divorce. These states use what is called a “community property” system, meaning that any assets and debts acquired during the marriage—except for a few limited exceptions—belong equally to both spouses. In a divorce in community property states, the property must be divided equally.

Illinois is not a community property state; it follows a system referred to as “equitable distribution.” Under the principles of equitable distribution, the marital estate is to be divided between the parties in a divorce in a manner that is fair and just, not necessarily a 50-50 split. To determine what is fair and just, the court must take into account a wide variety of factors, including each party's income and earning ability, arrangements for the parties' children, and the standard of living established during the marriage.

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 Posted on January 12, 2021 in Main

While Title VII of The Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex or nationality; unfortunately, illegal discrimination in the workplace still occurs. A prominent example of such discrimination can be found in sexual harassment—destructive conduct that remains all too common in the American workplace.

Identifying Sexual Harassment

Sexual harassment includes the use of inappropriate language as well as behavior that interferes with an individual's ability to do his or her job. Victims of sexual harassment may experience unwelcome sexual advances, requests or demands for sexual favors, or unwanted physical touching. Both men and women can be perpetrators of sexual harassment as well as victims of such behavior.

There are two primary types of sexual harassment in the workplace: Quid pro quo harassment and creating a hostile work environment:

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 Posted on January 07, 2021 in Main

Most people have overriding romantic thoughts when the idea of marriage is first discussed. While this is normal, it is also important to keep in mind that there are several legal aspects to consider before getting married. Moreover, although it may not be very romantic, many couples find it helpful to discuss these legal issues before getting married.

The Process of Marriage

A wedding and a wedding reception are the fun parts of the marriage process—a process which brings together family and friends in a celebration of the new couple. However, there are more mundane items that must be taken care of before a marriage is legally recognized. For example, a couple must fill out an application for marriage. Under Illinois law, this application must contain the following information:

1. Personal information, including, but not limited to, each person's name, Social Security number, and date and place of birth;

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