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Recent Blog Posts
How to Keep Divorce Costs Under Control
If you are considering a divorce, you probably realize that the process is likely to include a number of necessary expenses. You may be required to pay for filing fees and court costs, not to mention the cost of financial experts, a guardian ad litem, or other professionals who may contribute to your case. Of course, hiring an attorney can be costly and, if you are not careful, the expenses related to your divorce can quickly add up, leaving you to pay much more than you ever expected.
Setting Realistic Expectations
There are many ways to reduce the costs associated with divorce, and you can take proactive steps before the process even begins. The most important thing you can do to limit how much you will spend on your divorce is to develop goals and objectives that are reasonable and attainable. This means determining the portion of the marital estate you would like to receive and the level of parental responsibilities you would like to have allocated while keeping your expectations realistic.
Inappropriate Behavior May Be Verbal Sexual Harassment
Most people are aware that inappropriate touching and overt sexual advances generally constitute sexual harassment in the workplace. Verbal sexual harassment, however, includes more than just requests for physical acts and obvious catcalls. Unfortunately, many types of verbal harassment are obscured by what society tends to consider “normal behavior,” but “normal” does not make such conduct acceptable. If the behavior is consistent and unwanted—and you have made it clear that you want it to stop—you could have grounds to file a sexual harassment complaint.
What Is Verbal Harassment?
It is important to understand that verbal harassment can include suggestions, jokes, or innuendoes. It can also include a co-worker or supervisor asking inappropriate personal questions or sharing intimate details of his or her sex life. In many cases, verbal sexual harassment will be perpetrated subtly against all workers of one gender in a particular work setting, but just because no one person is singled out does not mean that it is not harassment.
Dividing Retirement Funds When You Divorce
Securing 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.
Four Reasons Your Prenuptial Agreement Might Be Unenforceable
If 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.
Responding to Sexual Harassment in the Workplace
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.
Children of Divorce Are Often Less Stressed If They Spend Time at Both Parents' Homes
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.
Understanding Premarital Agreements in Illinois
A 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
Surviving Divorce: Tips for Getting Through the Complex Process While in Crisis Mode
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.
Women in Nursing Especially Vulnerable to Sexual Harassment
Never 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.
Divorced Parents and College Expenses in Illinois
In 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