Posted on August 24, 2019 in Kane

Have you decided to end your marriage? If you are like most people getting divorced, you probably have concerns about how time-intensive and expensive your divorce will be. There are many factors which influence how an Illinois divorce proceeds. If you and your spouse agree on how to divide marital property, share time and responsibility of your children, and do not have disputes about other divorce issues, your divorce will likely be fairly straightforward. However, if you and your spouse disagree about divorce issues, this will increase the amount of time and money your divorce will require. Divorce litigation can be especially expensive, so most people try to avoid it whenever possible. Fortunately, there are several alternatives to courtroom litigation which can help Illinois couples reach an agreement on divorce issues. One of these methods of dispute resolution is mediation.

How Divorce Mediation Works

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 Posted on August 16, 2019 in Main

You have probably seen many news reports about sexual harassment in recent years. After the social media movement #MeToo launched in 2017, more and more people started taking workplace sexual harassment seriously. However, there is still much confusion surrounding exactly what sexual harassment is and is not. Is sexual harassment a crime? What constitutes sexual harassment? Many people are also confused as to the difference between sexual harassment, sexual assault, and “sexual misconduct.” Read on to learn about sexual harassment in Illinois and what you can do if you have been a victim of sexual harassment at work.

Defining Sexual Harassment

According to Title VII of the Civil Rights Act of 1964, employees cannot be discriminated against or treated differently because of their race, ethnicity, religion, or gender. Sexual harassment violates the Civil Rights Act as well as Illinois state laws. Unwanted physical contact, sexual or gender-related comments and jokes, sexual advances, and requests for sexual favors can all be considered harassing behaviors. These behaviors become sexual harassment when the conduct interferes with the victim's ability to do his or her job. “Quid pro quo” sexual harassment occurs when a superior such as a boss or manager attempts to garner sexual favors from a subordinate in exchange for continued employment or workplace benefits.

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 Posted on August 15, 2019 in Main

Although we usually think of marriage as a romantic union, it is also a financial union. When a couple marries, they combine their property, expenses, and debts. Undoing this financial fusion during divorce can quickly become complex. If you are getting divorced, you may have concerns about what property is rightfully yours and what belongs to your soon-to-be-ex-spouse. Read on to learn about how property is divided in an Illinois divorce and what to do if you need legal guidance during your split.

Illinois is an Equitable Distribution State

When a couple divorces, they have the option of making their own decisions about what property should go to which spouse. However, when divorcing spouses cannot agree to a property distribution arrangement, the court must intervene.

Unlike certain other states, Illinois does not simply split marital property in half and assign 50 percent of the value of the marital estate to each spouse. Instead, Illinois follows equitable distribution laws. According to equitable distribution, marital property is divided equitably, or fairly, depending on the spouses' financial and life circumstances. Things like each spouse's income, property, health, future earning capacity, and financial needs are taken into consideration. Before marital property can be divided, the court must determine what property is marital property and eligible for division and what property is separate property which is not divided.

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 Posted on August 08, 2019 in Kane

There are almost countless reasons why a married couple gets divorced. Sometimes, both spouses agree that it is time to end the marriage while other times only one spouse wants the divorce. Traditionally, married couples who wanted a divorce had to give a reason, or “grounds,” for why they wanted to end their marriage. However, major updates to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) took effect in 2016 which significantly altered the need for proving any grounds for divorce in Illinois.

Divorcing Couples No Longer Need to Assign Fault for the Dissolution of Their Marriage

In the past, Illinois had specific reasons that a married couple could dissolve their marriage. These reasons included the assignment of blame or “fault” to a spouse. Grounds for divorce in Illinois prior to 2016 included:

• Adultery;
• Impotence;
• Bigamy;

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 Posted on August 05, 2019 in Main

Domestic violence affects nearly three out of every ten women and one out of every ten men. If you are currently in or have recently left an abusive relationship, you know how devastating domestic violence can be. While divorce is often a stressful ordeal, a person divorcing an abusive spouse faces an especially daunting task. Fortunately, there are steps you can take to help you get through your divorce as safely and confidently as possible.

Keep Yourself Safe First and Foremost

If you are currently married to an abusive spouse, the most important first step for you to take is to secure your safety and the safety of your children. If you have been physically abused, take pictures of any injuries and get medical help immediately. An emergency order of protection (EOP) can be obtained from your local county courthouse.

These protection orders, also called restraining orders, can prevent an abusive spouse from being within a certain distance from you, your children, your place of work, and more. An EOP lasts 14 to 21 days and can be obtained without a hearing. If you need to establish a more permanent order of protection, you will be able to seek a plenary order of protection which can last up to two years.

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 Posted on August 02, 2019 in Main

Few would disagree that the #MeToo movement has changed the way most people think of workplace sexual harassment in the United States. The movement began in October 2017 when social media users started using the hashtag “Me Too,” to signify that they had been a victim of sexual abuse, sexual harassment, or other wrongdoing. The social media phenomenon came on the heels of sexual harassment allegations against several high-profile celebrities including film producer Harvey Weinstein. It is impossible to know exactly how much success this movement has had in reducing workplace sexual harassment, but a recent study has offered some interesting new information.

Women Polled About Sexual Harassment Show Changing Work Landscape

Researchers from the University of Colorado's Leeds School of Business polled women in 2016 and then again in 2018 regarding sexual harassment at their workplaces. The survey shows that while sexual harassment is declining in some ways, that there are still issues surrounding inappropriate comments towards women at work.

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 Posted on July 22, 2019 in Kane

Child support payments help unmarried or divorced parents share the costs of raising a child. If you are a parent considering divorce or you have already decided to end your marriage, you probably have questions about how child support will work. Major changes to the way in which support payments are calculated in Illinois took effect in July of 2017. If you are wondering how much child support you will be required to pay or you want to estimate the child support you will receive, read on to learn more.

Which Parent Pays Child Support?

If you are like many parents, you may assume that child support is reserved for situations in which one parent has all or almost all legal custody of a child and the other parent is uninvolved in the child's life. However, you or your spouse will be required to pay child support even if you decide to have joint custody of your children. Illinois law uses the word “parental responsibility” to refer to what we commonly think of as custody and “parenting time” to mean visitation. One parent will have the majority of parental responsibility and parenting time. This parent will be the recipient of child support while the parent with less parenting time will be the payor.

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 Posted on July 19, 2019 in Main

Many people spend more time with their co-workers than they do with their friends and family. Understandably, sparks between colleagues can fly and Cupid's arrow can strike even at work. So, what happens when an employee wants to ask a co-worker on a date? Sexual harassment issues have recently taken center stage in the United States and in many other places around the world. Men and women alike are saying “no more” to employment discrimination and workplace sexual harassment. If you want to start a romantic relationship with a co-worker, there are several things you should keep in mind so that you can avoid sexual harassment allegations.

Find Out Your Company's Policy on Office Relationships

Research shows that about one out of every three adults in the U.S have been in or are currently engaged in an office romance. While romantic or sexual relationships between co-workers have always been slightly taboo, they are even more dangerous in the #MeToo era. Because of this, many companies have instituted strict rules about office relationships. Some companies ban romantic relationships between co-workers altogether, and many others have procedures for reporting the relationship to the human resources department. Although you may wish to keep your relationship private for personal reasons, violating your company's policy regarding office romances is a risky career move. If you keep the relationship a secret, it could make the situation look much more sinister than it really is.

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 Posted on July 15, 2019 in Main

Making the decision to end your marriage is one of the hardest choices a person will ever make. If you are a parent who is considering divorce, your choice is even harder. You not only have to worry about how you and your spouse will manage the split, but also how your children will react to the divorce. Although no one would argue that divorce is challenging for everyone involved, the good news is that a great deal of research has been done about divorce and children. Experts say that there are several things you can do to help your kids deal with your divorce as well actions which you should avoid during this difficult time.

Keep Adult Conversations Away from the Children

If you are like most divorcing individuals, you probably have several points of contention with your soon-to-be-ex-spouse. Understandably, heated arguments with your spouse are bound to happen. Experts say that children overhearing their parents fight can cause them serious emotional and psychological harm. Additionally, experts warn against badmouthing the children's other parent in front of them as this can make kids feel like they have to choose sides.

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 Posted on July 09, 2019 in Kane

Families come in all shapes and sizes. Many children are currently being raised by adoptive parents, single mothers or fathers, siblings, grandparents, or other people who are not their biological parents. If you are a grandparent who wishes to obtain guardianship of your grandchild, you probably have many questions about this legal process. There are a few different ways that grandparents can be granted legal guardianship of their grandchild. In many cases, help from a qualified family law attorney can be a valuable asset for grandparents who are unsure of how to start pursuing guardianship of their grandchild.

Voluntary Relinquishment of Parental Rights

There are many reasons that a grandparent may want to obtain guardianship of their child's child. Sometimes, the biological parents are struggling with personal issues which make them unable to care for their child. Other times, biological parents choose to let grandparents raise their child because they had the child at a very young age. One way that grandparents can take guardianship of a child is if the biological parents voluntarily give up their parental rights. Once the biological parents have relinquished their legal rights to the child, grandparents have an opportunity to adopt the child.

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