Posted on November 12, 2018 in Main

Two technology industry giants have recently made dramatic changes to their sexual harassment policies. Prior to this change, both Google and Facebook required employees to settle sexual harassment claims only through private arbitration. However, Google and Facebook employees will now be able to pursue sexual harassment claims in court.

Google's announcement that they were changing this policy came after nearly 20,000 employees staged a walkout to protest the way the company manages sexual harassment allegations. Facebook made the change just one day after Google's announcement. The new sexual harassment policies adopted by Facebook and Google will apply only to sexual harassment or assault claims. The policy does not apply to other types of discrimination complaints.

Many Believe Forced Arbitration is Unconstitutional

Forced arbitration occurs when employees are required to sign documents in which they agree to settle legal disputes out of court. Instead of having their cases heard by a judge, an arbitrator decides the outcome of the case. Of course, citizens always have the right to arbitrate instead of going to trial. The issue arises when arbitrators are biased or companies choose arbitrators who rarely rule in favor of staff members. Although employees obviously have the option to not work for companies with forced arbitration requirements, many say that the practice is unconstitutional.

Continue Reading ››

 Posted on November 01, 2018 in Main

If you are a stay-at-home parent on the verge of divorce, your life is likely to change dramatically. The very nature of a stay-at-home mom or dad—as opposed to a parent who works from home—means that he or she relies on his or her spouse to provide financially for the family. In the wake of divorce, a stay-at-home parent could be at a very serious disadvantage. Fortunately, such parents often have a number of options available to help offset some of the financial effects of a divorce, and a seasoned family law attorney can assist you in exploring them all.

Spousal Support

Maintenance—also called alimony—is one of the most common tools that the courts use to help stay-at-home parents following a divorce. According to Illinois law, the court has the authority to order maintenance if either spouse has a legitimate need. The court must consider a number of factors in determining such a need, and your stay-at-home parent status is certainly one of them, but that alone is not necessarily enough to justify an award.

Continue Reading ››

 Posted on October 22, 2018 in Kane

There is little question that divorce can be a messy, often traumatic process. Unresolved anger and fear of an uncertain future can lead to a long, drawn-out proceeding that costs both spouses significant time, money, and energy. In many cases, a bitter, contentious divorce can destroy what was once a loving relationship, making it nearly impossible for the parties to even be in the same room for years into the future. Divorce, however, does not need to be this way. In fact, with a little work and the right attitude, a couple may find that an uncontested divorce may provide an opportunity to move forward with their lives more quickly and at much less expense.

Amicable or Uncontested Divorce

Sometimes referred to as an amicable divorce, an uncontested divorce is one that does not require the court to get involved in settling differences or ruling on issues between the spouses. Instead, the couple is able to reach a workable agreement regarding all of the necessary considerations, including:

Continue Reading ››

 Posted on October 19, 2018 in Main

Despite the romantic notion of “love at first sight,” a happy, healthy relationship does not develop overnight. It takes years of love and commitment by both partners. Likewise, very few marriages and long-term relationships fall apart all at once. Instead, in most cases, the partners begin growing apart over time as the health of the marriage deteriorates. In some situations, there may be a precipitating event—such as an episode of infidelity—that leads to a divorce, but, according to relationship experts, a struggling marriage is likely to be the result of much less dramatic, but just as serious, interpersonal issues.

Marriage and family therapists have a fairly good grasp of the problems facing unhappy couples. Some of the most common issues that ultimately lead to the breakdown of a marriage include:

Dying Curiosity

When you first dated your spouse, every conversation was exciting. You could hardly wait to learn more about him or her, what things they liked and did not like, and who they were as a person. As time goes on, couples begin to get bored, and each partner may feel like they are losing their unique identity. Experts suggest continuing to ask questions and to explore one another's feelings and perspectives, no matter how long you have been together.

Continue Reading ››

 Posted on October 10, 2018 in Main

If you were to Google the phrase “sexual harassment,” the search engine will bring up more than 100 million results. This is probably not much of a surprise, considering the way that sexual misconduct, sexual assault, and sexual harassment have taken center stage in the public consciousness over the last year or so. Since last fall, dozens, if not hundreds, of influential individuals—most of them men—have been accused of various forms of sexual misconduct. Some are facing criminal charges while others have had their careers essentially destroyed.

While the resulting #MeToo movement has given victims of sexual misconduct the platform and the confidence to come forward with their stories, there have been unintended consequences as well. One of these is confusion among the general public about what sexual harassment is and when it is considered to be illegal.

Sexual Harassment is an Employment Issue

Continue Reading ››

 Posted on October 05, 2018 in Kane

For most couples who have gone through a divorce, there was probably not a single moment that suddenly clarified their decision to end the marriage. It, more likely, was the combination of many factors that ultimately led to the split. In many cases, spouses begin to think about divorce long before it ever becomes a reality, and often ask themselves similar questions.

Before contacting a divorce attorney, you should be able to clearly address, at least in your own mind:

Do You Want a Better Marriage?

Or, do you just want out? You may recognize serious problems in your relationship, but that does not necessarily mean that you no longer want to be with your spouse. If you can identify particular areas of concern, working on your marriage may be an option. Conversely, you may be ready to be done with your spouse, realizing that your relationship is not healthy for either of you.

What Have You Added to the Problems?

Continue Reading ››

 Posted on October 02, 2018 in Main

In today's world of online help and how-to videos, some people insist on trying to do everything themselves. They learn how to fix their cars, prepare gourmet meals, and even how to identify and treat minor illnesses. While a do-it-yourself approach can be cost-effective in many situations, and it certainly instills a level of personal confidence, there are some circumstances in which avoiding the expense of professional assistance may actually cost you dearly in the long term. Beyond the finances, however, there a number of other reasons that every divorce should include, at the very least, a consultation with a qualified attorney.

Improved Organization and Control

You may have a pretty good idea of the various considerations inherent to the divorce process: divide the property, make arrangements for the children, decide upon spousal maintenance and child support, file the petition, and wait for the court. But, do you really understand each of the steps involved with every one of the listed elements of divorce, and in what order they should be completed? A lawyer, however, has handled hundreds or more divorce cases and can assist you in preparing an organized approach.

Continue Reading ››

 Posted on September 24, 2018 in Kane

Parenting after a divorce, separation, or break-up is challenging, to say the lease. If you have been allocated significantly less parenting time than your former partner, maintaining a meaningful relationship with your child can be even more difficult. What happens, though if the other parent convinces the court to restrict or limit your parenting time even further? A skilled parenting time lawyer can help you understand what recourse you may have, and work with you in taking the steps to restore your parental rights.

How Parenting Time Can Be Restricted

The driving principle of Illinois family law statutes that address children and parenting responsibilities is to serve the child's best interests. In virtually every case, the court begins with the presumption that active participation by both parents is in the child's best interest, and, therefore, will allocate parenting time to each parent based on the family's circumstances. Your parenting time cannot be restricted unless the other parent can show that your lifestyle or behavior seriously endangers your child. These dangers can be to the child's mental, moral, or physical health, as well as to his or her emotional development.

Continue Reading ››

 Posted on September 19, 2018 in Main

While most parents who are considering divorce give a great deal of thought to how their children may be affected, they may not think about the actual health impact such a decision could have. Parents and experts tend to consider the psychological and behavioral effects primarily, but research is beginning to emerge that suggests that physiological health may also be impacted years into the future.

Longitudinal Research

A recent study conducted by researchers from Penn State University and the University of Louisville looked at long-term data of nearly 15,000 men and women born in the United Kingdom in 1958. Published in the journal Longitudinal and Life Course Studies, the study sought to analyze the health impact of parental divorce at different stages in a child's life.

The research team found that the youngest interval studied—birth to age seven—was the group most at risk for later health concerns when the child's parents divorced. Those in that interval self-reported worse health at age 50 than those who experienced parental divorce at later ages. Divorce at the youngest interval was also linked, although not statistically significantly, with lower physical functioning and diagnosed health problems.

Continue Reading ››

 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?”

Continue Reading ››