Posted on May 20, 2019 in Main

Anyone who has been married or in a serious relationship knows that things are not always as simple as they appear to be. Sometimes, a couple knows that their relationship is not working as it currently exists, but are not sure they are ready for a divorce. Legal separation offers an alternative to divorce or can be used as a step between living as a married couple and divorce. There are only a few reasons a couple may choose to legally separate as opposed to a divorce. Read on to learn about the benefits of legal separation in Illinois.

Separated Couples Are Still Legally Married

Legal separation can be advantageous in some situations. When a couple is not sure that they want to end the marriage, but want to live apart, separation can provide legally-binding constraints for co-parenting, child support, and spousal maintenance (alimony). Legal separation does not end the marriage so it may be an option for couples who choose not to divorce for religious reasons as well.

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 Posted on May 14, 2019 in Kane

Child support is designed, in part, to help children with unmarried or divorced parents to enjoy the same quality of life that they would have if their parents were married. Once issued, child support orders are not optional. If a parent fails to pay court-ordered child support, he or she can face serious punitive consequences. Child support orders in Illinois are customarily enforced through state courts, but they can also be enforced by federal law. If your child's other parent has been ordered to pay child support and is not making payments, read on to learn about your options.

Consequences of Child Support Nonpayment

If a parent fails to pay child support, Illinois courts can garnish his or her wages, intercept tax returns, impose steep fines, place a lien against property, require the parent to perform community service, and, in some cases, even send the parent to jail. Parents who deliberately fail to pay more than six months' or $10,000 worth of payments can also face criminal consequences. If you are a parent who cannot afford your current child support order, never simply stop payments. Instead, seek a child support order modification through the county court.

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 Posted on May 10, 2019 in Main

Workplace sexual harassment can be a tremendously stressful ordeal to endure. Not only do victims have to deal with the humiliation and tension caused by the actual harassment, they must also face the nerve-racking decision of whether or not to report the harassment. Some may wonder why a victim of sexual harassment would tolerate this unlawful mistreatment in lieu of filing a sexual harassment report. However, there are many reasons that victims of sexual harassment remain silent or refuse to come forward.

If you are being sexually harassed at work, you should know that you do not have to face the issue alone. An experienced sexual harassment lawyer can help you with everything from filing a report to seeking financial compensation for a wrongful termination.

Victims May Not Know What Constitutes Sexual Harassment

There are many misconceptions about what the term “sexual harassment” means. Some people mistakenly assume that only physical interactions constitute sexual harassment or that digital harassment “does not count” as harassment. In reality, any inappropriate behavior or language that is related to a person's sex, gender, or physicality may be considered sexual harassment.

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 Posted on May 07, 2019 in Main

Getting a divorce can be one of the most stressful life events a person may experience. Not only does a person getting divorced have to deal with the financial and legal implications of ending their marriage, they also must deal with the emotional and mental implications. If you are considering getting divorced or have already decided to end your marriage, you may feel totally overwhelmed and lost. These types of feelings, while distressing, are completely normal. Fortunately, there are many things which mental health experts say can help ease the pain of divorce.

Take Care of Your Health First and Foremost

A lot of people take care of everyone else around them before taking care of themselves. While this type of generosity is often seen as a good thing, being too generous with your time and emotional energy can result in burnout. While going through a divorce, it is advised that you be a little more selfish than you normally would be. Take time to relax and unwind in the ways that are meaningful to you. Medical professionals also encourage anyone going through a stressful life event to make sure they are staying hydrated, eating healthy foods, getting at least some exercise, and sleeping at least 7-8 hours a night.

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 Posted on April 22, 2019 in Main

In previous posts, we have discussed the pervasive trend of sexual harassment in restaurants and bars. Often, employees in restaurants are younger and may have less work experience than employees in other industries. Employees may not know that they have a legal right to be free from harassment and discrimination in the workplace or they may not recognize that certain behaviors are discriminatory. Even if employees do realize that their employer's or co-worker's behavior is unacceptable, they may be afraid to report the harassment for fear of retaliation. If you have experienced sexual harassment at work, contact a sexual harassment lawyer who can help protect your rights.

Lawsuit Alleges Chili's Failed to Take Corrective Action Regarding Sexual Harassment

A Colorado Chili's restaurant may have violated federal law by exposing female employees to sexual harassment and retaliation. The U.S. Equal Employment Opportunity Commission (EEOC) alleges that both the restaurant's managing partner and the assistant manager continually made sexual and derogatory comments to female servers and hostesses. When employees reported the harassment, no corrective action was taken to stop the harassment. Even worse, the EEOC reports that management reduced the hours of some employees who had complained about the harassment in revenge. This type of retaliatory action is in direct violation of state and federal law including Title VII of the Civil Rights Act of 1964. The EEOC has since filed suit against Brinker Restaurant Corporation, Chili's Grill & Bar, and Brinker International Payroll Company, L.P. after attempts to reach a voluntary settlement failed.

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 Posted on April 19, 2019 in Kane

While almost all divorces involve a good deal of conflict, some divorcing spouses are more hostile toward each other than others. If you are in the middle of a high-conflict divorce, or are considering divorcing a spouse who you predict will not be cooperative, you probably feel stressed and overwhelmed. Divorcing someone who is unwilling to work with you to solve problems and come to an agreement on divorce issues can be exhausting. However, there are a few things you can do to help the divorce process go as quickly and smoothly as possible.

Do Not Stoop to Their Level

High-conflict divorces can bring out the worst in people. It can make the person you used to love seem like a complete stranger who is intent on making your life miserable. It is very important for people in this situation to be careful not to overreact to their soon-to-be-ex spouse's antics. He or she may very well do things to try to hurt or embarrass you. For example, some angry spouses will write defaming remarks about the other on social media. As tempting as it is to write something insulting back or otherwise seek revenge, this will only escalate the situation and lead to more conflict. Although it can seem nearly impossible, being “the bigger person” during a high-conflict divorce is often the best way to avoid excessive drama and slowdowns.

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 Posted on April 15, 2019 in Main

When a married couple decides to end their marriage through divorce, there are many decisions which must be made. If the couple has children, schedules for child custody (technically called the allocation of parental responsibility) and visitation (parenting time) must be arranged. The couple will also need to decide how they will split their marital estate. Often, this involves deciding whether or not to sell the family home or assign it to one of the spouses. Couples must also decide how shared bank accounts, investments, vehicles, and valuables like jewelry or fine art should be divided.

Understandably, many divorcing couples struggle to communicate effectively about these issues. In these circumstances, divorce mediation can help facilitate communication between the spouses so they can arrive at an agreement.

Benefits of Mediation

Most divorcing couples wish to avoid courtroom litigation. Not only is litigation expensive and time-consuming but it can also be an intimidating environment and lead to escalated hostility between the spouses. Mediation allows couples to meet with a mediator and discuss their concerns about various issues related to the divorce. A mediator does not make decisions for the couple, but instead he or she encourages an open dialogue between the parties which allows them to make decisions for themselves.

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 Posted on April 12, 2019 in Main

Across the country, men and women are saying “no more” to workplace sexual harassment. No one should be made to tolerate demeaning sexual remarks and behavior while they are at work. However, many people stay silent about sexual harassment because they are afraid reporting the sexual harassment will get them fired. Fortunately, there are laws in place which prohibit employers from firing an employee for making a sexual harassment complaint.

What Constitutes Sexual Harassment?

There are two types of sexual harassment recognized by the law: quid pro quo and hostile work environment harassment. Quid pro quo sexual harassment occurs when a superior attempts to trade sexual attention for workplace perks or continued employment. Hostile work environment harassment occurs when derogatory, discriminatory, or sexual comments and behavior interferes with an employee's ability to do his or her job.

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 Posted on April 05, 2019 in Kane

Las Vegas has become heavily associated with quick weddings and, sometimes, quick divorces. Las Vegas is not only the “city of lights” but also the marriage capital of the world. Clark County, Nevada, the county in which Las Vegas is located, issues over 100,000 marriage licenses each year. Of course, Las Vegas is also known for being a city full of alcohol and partying. Sometimes, the combination of inexpensive and quick marriage services plus the availability of alcohol results in some marriages spouses regret. In such a case, couples may be able to file for an annulment, which is technically called a Declaration of Invalidity of Marriage. An annulment differs significantly from divorce, and only certain married couples are eligible for an annulment in Illinois.

Cage Says He Was Too Intoxicated to Understand His Actions

Getting married is a huge decision which should not be taken lightly. When drugs or alcohol cloud the thinking of individuals getting married, it is possible for the marriage to be reversed. Academy Award-winning actor Nicolas Cage filed for annulment last week on the grounds that he was too drunk to understand his actions when he married his girlfriend. He also mentions that at the time of the marriage, he was unaware that his girlfriend was involved in another relationship.

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 Posted on April 01, 2019 in Main

There are two instances when child support is awarded to parents in Illinois: when parents get divorced or when unmarried parents have a child together. If you are an unmarried parent or soon will be, you may be wondering how you can receive support payments from your child's other parent. If the child's biological father has not been officially named the legal father of the child, you will have to establish parentage through the court before requesting child support.

How to Establish Paternity in Illinois

When a married couple has a baby, Illinois law assumes that the husband of the woman who gave birth to the child is the father. However, when an unmarried woman gives birth, there is no assumption of paternity. Parentage can be established through one of several ways. If neither party doubts the paternity of the child, the two parents can sign a Voluntary Acknowledgement of Paternity (VAP). This document allows the father to be named on the birth certificate but does not address issues of child support, parenting time, or allocation of parental responsibilities. Another method for establishing parentage is for either parent to file a Petition to Establish Parentage through the county court and participate in the subsequent proceedings. Lastly, parents may seek an Administrative Paternity Order to be established and entered by Healthcare and Family Services' Child Support Services.

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