Posted on February 05, 2020 in Kane

When most people think of divorce, they think about the end of a romantic relationship. However, a marriage is not only a romantic union, it is also a legal and financial union. Often, separating two spouses' finances and property is one of the most complex parts of the divorce process. This is especially true if the couple has accumulated significant assets throughout their marriage.

One of the biggest concerns many divorcing couples have is what to do with the family home. Whether or not you choose to sell your home during your divorce is completely up to you and will depend upon your family's unique circumstances and needs. If you are contemplating what to do with your home after divorce, there are a few things you should keep in mind.

Can Either Spouse Afford the Mortgage Payments?

It can be extremely difficult to give up a home that you have come to love. This is often especially true for parents with children. Many divorcing parents worry that subjecting their children to a relocation in the midst of the divorce will be too much change for the children to handle. You may also worry about moving out of your school district and forcing the children to change schools. For some couples, selling the family home simply does not make financial sense. If you or your spouse wish to keep the home, you will need to decide one spouse will manage the mortgage payments on his or her own. The spouse who takes ownership of the home may need to refinance the mortgage or it may make more financial sense to assume the existing mortgage without refinancing.

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 Posted on February 04, 2020 in Main

In television shows and movies, divorce is often portrayed as a highly-combative legal process involving more accusation and confrontation than actual problem solving. In reality, a successful divorce settlement that both parties can agree to can often be reached without the need for dramatic courtroom litigation – even when the couple disagrees about the terms of their divorce. If you are planning to divorce and you and your spouse do not agree about property distribution, parental responsibilities, or other divorce-related matters, one option that may help you reach an agreement is collaborative divorce.

Finding Creative Solutions to Divorce Disputes

Litigation can be expensive and stressful. Many individuals getting a divorce wish to resolve conflicts without adversarial court proceedings but still want a legal advocate on their side who will look out for their best interests. One way to accomplish this is through collaborative family law. In a collaborative divorce, each spouse and his or her lawyer work together to reach resolutions about family law issues in a professional and cooperative way. The parties and their lawyers will sign a “collaborative agreement” or “participation agreement” that states that all signatories will commit to finding a fair, workable divorce settlement and will abstain from bringing the case to litigation. This agreement may require the spouses and their attorneys to agree to provisions such as:

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 Posted on January 29, 2020 in Main

Sexual harassment can make a workplace unbearable. If you have been the victim of sexual harassment, you know just how demeaning this particular type of harassment can be. Sexual harassment can consist of disparaging or offensive remarks about a person's gender, unwanted sexual advances, and sexually-oriented behavior. Sexual harassment also occurs when a supervisor attempts to exchange sexual favors for employment benefits with a subordinate. One of the most important steps for anyone who has experienced sexual harassment is to keep a detailed record of each instance of harassment. This sexual harassment log will almost certainly be beneficial for recalling the details of the sexual harassment you have suffered for the purposes of filing a Charge or reporting the sexual harassment to the Illinois Department of Human Rights and/or the U.S. Equal Employment Opportunity Commission.

Proving that Harassment is Severe or Pervasive

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 Posted on January 28, 2020 in Main

Regardless of the circumstances, getting a divorce can have a dramatic impact on your mental wellbeing. Divorce can bring on feelings of failure, despair, and anxiety about the future. Some people end up developing unhealthy coping mechanisms in order to deal with the torrent of emotion following the end of a marriage. Although going through a divorce can be extremely stressful, it is not only possible to get through the rough times most people end up much happier and healthier than they were before the divorce. Mental health experts encourage anyone going through a stressful divorce to avoid these common mistakes.

Mistake 1: Being Too Hard on Yourself

If you are an overachiever, have children to care for, or have a demanding career, you may not take time for yourself very often. Mental health specialists encourage those ending a marriage to give themselves a break. Do not expect yourself to be able to function at 100 percent when you are dealing with the emotional and financial burden of a divorce. Just as your body needs rest after a physical injury, your mind needs time to heal after an emotionally-trying time too.

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 Posted on January 25, 2020 in Kane

Bringing a child into your family through adoption is life changing for everyone involved. Your family not only gains a cherished loved one, you also give a child in need the loving home that he or she deserves. The adoption process is very involved - both emotionally and legally. It is important for anyone considering adoption to thoroughly research the available avenues for adopting a child in order to determine what course of action is right for them.

Illinois Adoption Laws

Illinois law states that an individual may adopt a child if he or she:

• Has lived in the state of Illinois for a minimum of six months or is a member of the Armed Forces and has lived in Illinois for at least 90 days
• Does not have a legal disability
• Has a good reputation

Typically, adoptive parents must be over 18 years of age. However, the court may make exceptions to this rule in certain cases. Prospective adoptive parents who wish to adopt a non-relative will be subject to a state and federal criminal background check as part of the adoption investigation. If the potential adoptive child is over 13 years old, he or she must consent to the adoption.

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 Posted on January 15, 2020 in Main

Workplace sexual harassment is an illegal form of discrimination prohibited by both federal and state law. It can take the form of offensive sexual or gender-based remarks and behavior, or sexual harassment can involve a person in a position of authority wielding this power for sexual gain. We most often think of sexual harassment victims as being those who are lower on the corporate ladder, but this is not always the case. A recent study suggests that women who have manager or supervisor positions may actually be more likely to experience sexual harassment than other employees.

Women Who Supervise Men May Experience Sexual Harassment More Frequently

Since the #MeToo movement began in earnest a couple years ago, more and more people are talking about sexual harassment in the workplace. For too long, the issue of workplace discrimination was considered taboo. Now, as victims of sexual harassment are speaking up about their mistreatment, an increasing number of employers are taking steps to prevent and address sexual harassment in their businesses. Additionally, more research is being conducted to help understand how and why sexual harassment occurs.

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 Posted on January 12, 2020 in Kane

When parents get divorced or are unmarried, one parent may be required to pay the other child support in order to share the costs of raising the child. Child support payments can be a considerable expense and sometimes parents may have trouble paying child support. Children have a legal right to receive financial support from both of their parents. If a parent is ordered to pay child support and he or she fails to make payments in full and on time, he or she can face serious civil and even criminal consequences.

Requesting a Child Support Modification

When the court issues a child support order, it is intended to be fair and reasonable based on the parents' financial circumstances and the child's needs. However, sometimes those circumstances change and the parents need to change their child support order. In order to be granted a modification to your child support order, you must file a petition for modification with the court. A modification may be granted if a party can show that there has been a “substantial change in circumstances.” Examples of a substantial change in circumstances include:

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 Posted on January 04, 2020 in Main

When a married couple divorces in Illinois, the court may require the higher-earning spouse to pay spousal support to the other spouse. Spousal support is also called spousal maintenance or alimony. The support is typically intended to be temporary and rehabilitative in nature, but there are exceptions. The higher-earning spouse provides payments to the recipient spouse until he or she can get back on his or her feet financially. The issue of the payment of spousal support may also be agreed upon ahead of time through a prenuptial agreement. Whether you are the payor or recipient of spousal support, you may want to know how long these payments will last. The answer depends on a variety of factors.

Temporary Spousal Support vs. Permanent Spousal Support

If you and your spouse agreed to a spousal support arrangement in a Marital Settlement Agreement, the payments will end according to that agreement. When the court assigns spousal support, it is typically intended to last long enough for the recipient to gain the education, training, skills, and employment needed to become financially independent. Illinois law provides a formula for calculating the duration of a spousal support order that depends upon the length of the marriage. Longer marriages generally lead to proportionately longer orders for spousal support.

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 Posted on December 28, 2019 in Kane

Prenuptial agreements, also called premarital agreements or “prenups,” have an undeserved reputation as only being necessary for celebrities or the ultra-rich. However, more and more people are realizing how beneficial a prenuptial agreement can actually be. Prenuptial agreements allow couples to decide in advance how their property should be divided if the marriage ends in divorce, clarify their financial responsibilities and rights during marriage, make sure property is passed down to selected heirs when a spouse passes away, and more.

Survey Shows That More Millennials Are Using Prenups

A study conducted by the American Academy of Matrimonial Lawyers shows that more than half of attorneys surveyed have seen an increase in the number of young couples signing premarital agreements. Many attribute the increase in prenuptial agreements to the fact that, on average, Americans are getting married later in life than they have previously. The average U.S. male gets married at age 29.9 and the average female gets married at age 28.1. Tying the knot at almost 30 years old gives couples more time to accumulate property and debts that require protection through a prenuptial agreement. Many millennials also have a 401(k), stock options, a start-up business, intellectual property or other complex assets which can be protected by a prenuptial agreement.

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 Posted on December 24, 2019 in Main

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against a person because of their sex, national origin, race, or skin color. Since this essential piece of legislation, many more laws have been enacted to prevent employment discrimination, and most recently, workplace sexual harassment. Beginning in 2020, Illinois employers will be subject to new laws designed to prevent and address sexual harassment. If you have been a victim of discrimination or sexual harassment at work, a qualified sexual harassment attorney can help.

Illinois Employers May No Longer Require Arbitration for Sexual Harassment Claims

Illinois Governor J.B. Pritzker signed the Workplace Transparency Act into law in August 2019 and it will go into effect January 1, 2020. The act prohibits employers from unilaterally requiring arbitration for sexual harassment claims or any other claim concerning laws enforced by the Illinois Department of Human Rights (IHRA) or Equal Employment Opportunity Commission (EEOC). Employers are also prohibited from requiring employees to sign a confidentiality clause that prevents the employees from reporting violations of Equal Employment Opportunity laws including violations of the Age Discrimination in Employment Act, Equal Pay Act, Illinois Human Rights Act, and Americans with Disabilities Act.

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