Posted on September 08, 2018 in Kane

In many divorce cases, finances are a major cause of contention. Depending on the complexity of a couple's circumstances, the divorce process itself can be very expensive. In addition, divorce requires the marital estate, including all marital assets and debts, to be allocated between the parties.

When property division is left to the discretion of the court, Illinois law requires an equitable—not necessarily equal—allocation based on the consideration of a number of factors. These factors normally include the income and resources of each spouse, the contributions of each to the marital estate, and arrangements made for any children. The court must also consider claims of dissipation, or the inappropriate spending of marital assets by one spouse for purposes unrelated to the marriage. But are attorneys' fees and other expenses of divorce considered “unrelated to the marriage?”

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 Posted on September 06, 2018 in Main

As more and more couples wait longer to enter into marriage for the first time, along with the rising prevalence of remarriage, individuals have more time than ever to accumulate wealth and property on their own. Extensive personal assets, of course, can make a subsequent divorce much more complicated, as it becomes difficult to differentiate between marital and non-marital property. For just reason, those who have started a business or obtained ownership of a company prior to marriage are encouraged to consider a prenuptial agreement to protect their interests.

Marital vs. Non-Marital Property

While the law in Illinois already provides that property or assets acquired prior to a marriage are not considered marital property, complications can still arise. For example, if your spouse owned a company before you got married, the company itself may not be part of the marital estate, but income generated by your spouse's efforts after the marriage are usually considered to be marital. Similarly, any marital property invested into the company during your marriage may need to be reimbursed to the marital estate in the event of divorce, even as the company ownership remains non-marital.

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 Posted on August 28, 2018 in Main

Being mistreated at work can be isolating and demoralizing. Many people who find themselves on the receiving end of unwanted sexual attention at work are completely unsure of what to do about it. Some assume that if they ignore the sexual harassment that it will go away, but unfortunately this is rarely the case. If you are being sexually harassed by a colleague or supervisor, you should know that you have every right to stand up for yourself. In fact, doing so will not only help you, but also helps prevent future sexual harassment in your workplace. If you have experienced sexual harassment, do not stay silent.

Survey Confirms Sexual Harassment is Sadly Common

According to a new CareerBuilder survey, approximately 17 percent of women and 7 percent of men claimed to have experienced sexual harassment at work. Data shows that younger employees experience harassment at a more frequent rate than other age groups. The majority of sexual harassment victims do not report the mistreatment or even confront their harasser for fear of being labeled a “trouble-maker” or losing their jobs.

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 Posted on August 21, 2018 in Kane

The decision to end a marriage through divorce is not a decision anyone takes lightly. If you are pregnant and in a marriage which you believe is irretrievable, you may be considering divorce. Getting a divorce while expecting a child can be challenging. Depending on your unique situation, it may be best to stay married until after the birth of your child while in other circumstances, divorcing while pregnant might be the better option. Whether your spouse is the parent of your expectant child or the pregnancy is a result of infidelity, divorce during pregnancy can become very complicated from a legal perspective.

Illinois No Longer Requires Fault Grounds for Divorce

Expecting a child cannot disallow a woman from filing for divorce. In the state of Illinois, you also do not have to prove any reason for wanting to end your marriage. The so-called “fault grounds” for divorce in Illinois have been eliminated in favor of one option: "irreconcilable differences.” Presently in Illinois, to be granted a divorce, you must only prove that:

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 Posted on August 16, 2018 in Main

If you are recently divorced or are in the process of ending a marriage that has been effectively dead for years, it is completely normal to experience feelings of loneliness and a need for companionship. A new relationship is exciting and, for someone coming out of a bad marriage, finding a new partner can be extremely cathartic. If, however, your spouse is paying you alimony—formally known as “maintenance” in Illinois law—or you are asking for maintenance in your divorce, you need to understand how a new partner could potentially affect your payments.

The Need for Spousal Support

According to the law in Illinois, maintenance is never presumed to be necessary in a divorce. Instead, it may be awarded by the court if the court determines that such payments are necessary and appropriate for the given situation. The general idea is to help a financially-disadvantaged spouse regain his or independence, if possible. In cases where independence is not possible due to age, health, or other factors, maintenance may be awarded to help a spouse maintain a reasonable standard of living.

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 Posted on August 10, 2018 in Main

It is no secret that the majority of people employed in technology jobs are men. The video game development company Riot Games is no different. The company is responsible for the wildly popular game League of Legends and also for organizing eSports tournaments. Recently, the tech company has been accused of significant sexual harassment and discrimination on the basis of sex.

Video Game Developer in Hot Water Over Alleged Gender Bias

Kotaku, a video game website and blog that is part of the Gawker Media network, spoke with 28 former Riot Games employees who had a few very disconcerting things to say about the development company. Several female employees claimed that they had experienced discrimination at the company because they were women. They say that Riot Games regularly overlooked ideas coming from female employees while applauding the same ideas from men. The former employees also spoke of times that a senior female employee would be passed up for a promotion in favor of a male new hire. The women interviewed by Kotaku described the work environment at Riot games as a “bro culture.”

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 Posted on August 07, 2018 in Kane

If you and your spouse will soon be getting a divorce, you probably know that you will be expected to divide your marital property between you. While you may not know exactly how that process will end up, you may already be thinking about which spouse, if either of you, will get to keep the marital home, who will get which car, and how to split the household furniture. In the stress and confusion of the divorce proceedings, however, you may be overlooking a very important—and possibly very valuable—asset. Experts claim that retirement investment accounts are the most commonly forgotten assets in divorce cases nationwide

Retirement Savings and Plans

Before marital property can be divided, both you and your spouse should provide one another with a full accounting of all of your assets and debts, even if you think he or she already knows about them. In some cases, this may require calls to old employers inquiring about the status of employer-funded retirement programs or plans. You may learn that you have forgotten about a 401(k) plan or similar account that was opened years ago. The same may be true for your spouse, and the money in such accounts, depending on when the accounts were funded, may be considered part of the marital estate.

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 Posted on August 01, 2018 in Main

While it may seem that summer just started, a quick look inside any big-box store is all the proof you need that back-to-school time is right around the corner. Shelves and displays are filled with notebooks, backpacks, and pencils, and school-appropriate styles dominate the clothing racks. As a parent, you are likely to be feeling a mix of emotions about sending your children back to school. On one hand, it is a little sad that summer will soon be over, but on the other hand, you could probably stand a little extra quiet time after being around your children more consistently. If you share co-parenting responsibilities with your former partner, however, back-to-school is a perfect time to re-evaluate your rules, boundaries, and other elements of your parenting arrangements.

Talk About the Upcoming Year

It is important for both parents to know what to expect for the new school year. If you are the parent with the majority of the parenting time, you probably have a good idea of what teachers your child will have, what time the bus comes, and similar details. For the sake of your children, be sure to share this information with the other parent. You may also need to confirm that the school is aware that each parent should be receiving important notices and paperwork. If you are the parent with less parenting time, you should also check with the school to make sure you are kept in the loop.

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 Posted on July 25, 2018 in Main

Sexual harassment in the workplace has never been a more hotly-debated topic. There have been laws against inappropriate sexual behavior at work for decades. Discrimination on the basis of sex has been against the law in the U.S since the 1964 Civil Rights Act. However, many instances of sexual harassment have gone unchecked throughout the years, and many people's lives have been negatively affected as a result.

Last year, the nation was taken by storm by the viral Twitter hashtag #MeToo as thousands of men and women shared their stories of sexual harassment and sexual assault. During this time of controversy and change, it can be hard to know exactly what actions are acceptable at work and what are not. For example, should you date a co-worker? There are no easy answers, but there are some things you should keep in mind regarding romantic relationships at work.

Dating at Work When There Is a Power Differential Between the Employees

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 Posted on July 20, 2018 in Kane

When you are the one to file a divorce petition, it is up to you to decide where to file it. This means that you will select the county circuit court in which the divorce will be handled. On the other hand, if your spouse was the one to file, he or she had the opportunity to make that choice. It may come as a surprise, however, to learn that you are not automatically stuck with the decision that your soon-to-be ex-spouse made. While he or she might have gotten the ball rolling, it is your right to contest the choice of venue, but it is important to take action quickly.

What Does “Venue” Mean?

The legal term “venue” refers to the particular court in which a case is handled. At the state level, venue refers to the circuit courts of each county, and at the federal level, venue refers to specific federal district courts. As a state matter, a divorce in Illinois is handled by the circuit court of an individual county.

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