Posted on July 17, 2018 in Main

It is a trope that is played out in movies and on television regularly: a married couple is unhappy—possibly even separated—but neither wants to take action and file a petition for divorce. This situation could just as easily happen in real life. For some people, there may be a psychological barrier that prevents them from being the one to formally ask for a divorce. While such feelings are understandable, you may be able to reap a few unexpected benefits by filing your divorce petition before your spouse does.

The Legal Side

From a legal perspective, there is not much advantage to be gained by being the first to file. Unlike other types of civil court proceedings, there is no burden of proof that is automatically assumed by either side. This is especially true since Illinois eliminated fault-based divorce in 2016. Technically, the spouse who files is the plaintiff or petitioner, and the other spouse is the defendant or respondent. Both parties have equal rights to make requests, present evidence, and file motions.

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 Posted on July 11, 2018 in Main

In the wake of allegations of sexual misconduct against a number of high-profile individuals, it seems that public awareness of issues like workplace sexual harassment is at an all-time high. While one could certainly argue that many of the accusations were not related to employment scenarios, a large portion of them have been—at least indirectly. According to several surveys and various news outlets, the increase in awareness is having an effect on the approach that many companies are taking to address the issue.

More Than Half of Companies Have Reviewed Policies

Last month, a Chicago-based consulting company released the results of a survey it conducted, relying on answers provided by more than 150 human resources directors from across the country. The survey found that 52 percent of employers have reviewed their policies on sexual harassment since the #MeToo and #TimesUp movements began last October. Of those, nearly 60 percent made updates to their sexual harassment policies. Updates included “adding and clarifying reporting avenues and instituting ‘zero tolerance' and anti-bullying policies when it comes to workplace harassment,” said Andrew Challenger, vice president of the consulting company that conducted the survey.

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 Posted on July 06, 2018 in Kane

When you are involved in a divorce, the process can take a serious psychological and emotional toll on you. If you have children, the effects of the divorce can be even more significant. Many children whose parents get divorced tend to struggle with the situation, and they may exhibit behavioral problems, uncontrollable emotions, and signs of anxiety or depression. Divorcing parents often wonder if the court has any power to order counseling or therapy for the children and how the costs of such services will be split. Under Illinois law, a divorce judge can order counseling for children in the midst of a divorce, and the orders will depend on the family's situation.

Custody Evaluations

The Illinois Marriage and Dissolution of Marriage Act encourages divorcing parents to negotiate an agreement about parenting arrangements for their children. If the parents cannot reach an agreement, the court will decide on such arrangements. To help the court make a decision, it may appoint an appropriately-trained professional to evaluate the child and each parent. Evaluations often include tests, interviews, and other methods of determining what the child needs. The court also has the authority to order the payment of costs for these evaluations—if they are not done by a state agency—to be split equitably between the divorcing parties.

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 Posted on July 02, 2018 in Main

Family courts in Illinois—like those in the rest of the country—often have the unenviable task of making very difficult decisions regarding how a child will be cared for following the divorce or breakup of his or her parents. In more tragic situations, including those in which the child's parents are deceased or incarcerated, the courts may need to decide on a guardian or other caretaker for the affected child. Throughout all of these types of cases, Illinois law provides that the child's best interest should always be the top priority. To make sure the best interests of the child are fully protected, the court may appoint a specially-trained attorney to serve as a guardian ad litem for the duration of the proceedings.

The Role of a GAL

A guardian ad litem, or GAL, is an attorney who does not work on behalf of any party in a child-related legal matter. Instead, he or she serves more as an extension of the court and as an independent expert witness. The GAL is tasked with developing a proposed outcome for the case that, in his or her trained opinion, will provide the best possible scenario for the child. To do so, the GAL is granted the power to investigate the relevant circumstances of all involved parties by conducting interviews, visiting homes, and reviewing appropriate documents, including previous court records.

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 Posted on June 28, 2018 in Main

You may know actress Rashida Jones from television shows like The Office or Parks and Recreation, but more recently, she has been a passionate advocate for addressing and preventing sexual harassment in the workplace. Jones, along with musician Donald Glover and Blue Seat Studios, created the video public service announcement (PSA) in order to help educate the public about what constitutes sexual harassment and how to spot it. Jones hopes the video will help people understand which behaviors are and are not acceptable at work, as well as empower victims of sexual harassment to seek help.

Sexual Harassment Is Not Always Obvious

After media mogul Harvey Weinstein was accused by multiple women of various sex crimes, the entertainment business finally began addressing the rampant sexual harassment and sexual assault in Hollywood. However, Jones and other anti-sexual harassment advocates want the public to know that sexual harassment does not only happen to the rich and famous, nor is it always glaringly obvious. Sexual harassment can happen to anyone. It does not discriminate on the basis of wealth, status, gender, race, or religion.

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 Posted on June 26, 2018 in Kane

In many situations, a couple will get divorced while remaining remarkably civil to one another both during and after the fact. Sometimes, however, a divorce or a break up can become much more contentious. While these types of splits are always unfortunate, they can be even more so when they involve children. It is unfortunately not uncommon for one parent to make it difficult for the other parent to spend time with their child during and after a bitter divorce. If you are being denied access to your child, it is important to know your rights.

Your Rights to Parenting Time

According to Illinois law, legal parents have the rights to a reasonable parenting time with their children. This is true regardless of the relationship between the adults. Even parents who have not been given any say over important decisions for their children are supposed to have access to parenting time, assuming they do not present a danger to their children. This means that your ex-spouse does not have the right to keep you from seeing your child.

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 Posted on June 21, 2018 in Main

Not all that long ago, when a couple with children got divorced, children generally lived with their mother after the divorce. Many fathers did not get much time with their children and did not often remain terribly involved in their children's lives. Today, there are countless ways for families to exist, including a number of arrangements that include divorced parents. A child who splits time between each parent's house is no longer unusual.

If you are an unmarried or divorced parent, it can be challenging to make the most of the time you get with your child. There are, however, some things you can do to facilitate effective co-parenting.

Focus on Quality, Not Quantity

It is not uncommon for unhappy parents to stay together because of concerns regarding their children. They may be worried about going even a few days without their children, and many fear that their children will feel abandoned and unloved. Such fears—while understandable—can be addressed, and a co-parenting arrangement can be positive for everyone involved.

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 Posted on June 17, 2018 in Kane

Unfortunately, divorce can sometimes bring out the worst in people. Some couples who decide to end their marriage are able to do so with relatively little malice, while others fight tooth and nail throughout the entirety of the divorce process. If you are considering or have already decided to divorce and you think your spouse may try to “get even” with you by recklessly spending money or otherwise wasting assets, read on to learn about a legal concept called dissipation.

What Is Considered Dissipation According to Illinois Law?

The Illinois Supreme Court defines dissipation as “the use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown.” Marital property generally refers to income, property, and debt accumulated by either spouse during the course of the marriage. Certain assets such as gifts or inheritance may not be considered marital property. The term “irretrievable breakdown” means that the marriage is ending. A couple who has stopped sharing a bedroom, does not enjoy time together, and does not wish to salvage the marriage would be considered in the midst of an irreconcilable breakdown.

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 Posted on June 16, 2018 in Main

Sexual harassment continues to be a problem despite growing advocacy against it. Whether it is a boss implying that a new job candidate may get the position if the candidate goes on a date with him or a co-worker who makes repeated sexual comments about another employee, sexual harassment is unacceptable. In a new report written by researchers from the National Academies of Science, Engineering, and Medicine, antidotes to the prevalence of sexual harassment in academia are explored.

Sexual Harassment Is a Serious Issue at Many Colleges and Universities

Researchers have used available data and surveys to illustrate just how troubling the frequency of sexual harassment in schools is. Nearly 60 percent of female faculty in colleges and universities report that they have experienced sexual harassment because of their job. Students are not immune to this disturbing trend either. In a study from the University of Texas, female students in the science, medicine, and engineering departments were the most likely to have experienced sexual harassment. Approximately 20 percent of female science students reported experiencing sexual harassment while in school, and over 40 percent of women studying engineering stated that they had been sexually harassed.

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 Posted on June 15, 2018 in Main

Last month, a judge in DuPage County vacated a support order based on a 40-year-old Illinois law. The law allows judges to order divorced parents—but not parents who are still married—to contribute to their children's college (or other post-secondary education) expenses even after the age of 18. While the judge's recent ruling is not precedential, it has set the stage for serious change in the state.

The Case in Question

The circumstances that led to the ruling could describe those in any number of Illinois families. The student in question was a young woman who spent many years interested in marine biology. Her divorced parents supported her interest, and her father financed several dive excursions for her in exotic locations. Her father was so supportive that he even offered to pay for her full college education if she chose one of two specific schools offering a course of study in marine biology—one in Hawaii and the other in California.

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