Posted on August 18, 2017 in Main

Spousal maintenance, though not presumed to be necessary in Illinois, is often made mandatory by judges looking to ensure that each spouse is able to maintain him- or her-self after a divorce. Several years ago, the process for determining maintenance obligations in Illinois was a lightning rod for controversy, as rulings varied widely depending on the particular county or judge in question. In early 2015, significant changes were made leading to today's more standardized law. Still, determining or modifying spousal maintenance remains a complex endeavor.

A New Standard

The formula for determining the amount of maintenance changed about two and a half years ago with the passage of an amendment to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Previously, spousal support had been determined almost entirely by a judge's discretion, though there was (and still is) a list of factors that judges had to consider while making the determination. The amended law introduced a standardized formula for most situations and urged judges to exercise a narrower breadth of discretion in the cases for which the formula did not apply.

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 Posted on August 15, 2017 in Kane

Illinois is a state that utilizes the equitable distribution theory of asset division when a couple is divorcing. This means that any assets acquired during the marriage will be divided fairly between the parties, based on a number of factors like future earning potential. However, what many forget is that this is true for marital debts as well. If a debt is incurred during the marriage and classified as marital, the responsibility to repay it may be divided between the parties.

Defining Marital Debts

Not every debt incurred during your marriage will automatically be classified as marital. If you incur a debt related to a non-marital asset, such as a loan related to a non-marital business, it could be held to be a non-marital debt. So, for example, if you purchase a second automobile with income generated from a non-marital business, sign a loan as an individual, and do not list your spouse on the title or the insurance, it is, in theory, a non-marital asset and the loan used to finance it is a non-marital debt.

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 Posted on August 09, 2017 in Main

The decision to adopt a child can be one of the most rewarding yet terrifying undertakings of a person's life. As such, most people do go into the process with an understanding of how difficult and laborious it can be. Still, no one can be prepared for everything, and certain roadblocks can slow down the adoption, especially if you are caught by surprise when problems arise.

Problems With the Birth Parents

Among the issues that tend to occur in this regard is a birth parent either deciding against going through with the agreement or later deciding that they want to reclaim their child. While this is not necessarily common, it does happen and can place both the birth parent and the child in legal limbo. The birth mother retains the right to parent her own child up until the final paperwork has been signed, and sometimes this leads to adoptive parents being left with nothing but money spent and pain in their hearts, despite the solid legal foundation for this rule.

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 Posted on August 08, 2017 in Kane

Prenuptial agreements, also called “prenups” or premarital arrangements, are legal contracts that establish the property and financial rights of each spouse should a marriage end in divorce. Prenuptial agreements are a somewhat controversial topic for a number of reasons. Some individuals believe that prenups are only necessary for celebrity weddings or for those people who do not plan on being married for the rest of their lives. They think, why plan for a divorce before the marriage has even begun?

In reality, prenuptial agreements are one of the most responsible things you can do to protect your financial interests. Signing one does not mean that you think the marriage is doomed to fail. Consider it a different way; if you own a car, you must have car insurance. This does not mean that you believe you will crash the car or get into an accident. You are simply planning for the worst while hoping for the best. When it comes to prenuptial agreements, the old adage “better safe than sorry” holds true.

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 Posted on July 31, 2017 in Main

Figuring out living arrangements after a divorce can be complicated. Should the father move out of the marital home or should the mother? Where should the children's favorite toys or school supplies be located? Most divorced parents live in separate homes and their children spend time in each of the two houses. However, some innovative parents have found another way to co-parent. It is called “nesting”—sometimes known as “bird-nest parenting”—and it refers to a living arrangement where children stay in one home and the parents take turns spending time with them.

In such a scenario, for example, the mother may stay with the children in the primary home for two weeks each month. She would then go back to a home of her own for the other two weeks while the father stays with the children.

Nesting Is Not for Everyone

Nesting does certainly make things easier on the children in many ways. They have one location to keep all their things and one place to call home. This predictability and constancy is healthy for the children and can help make the transition after a split easier.

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 Posted on July 28, 2017 in Kane

The lazy days of summer are coming to an end, and many families are preparing for a new school year. Getting back into the swing of school after summer break can be especially chaotic for families who have experienced a major change like a divorce or separation. Who will buy the backpacks? Who will pick up the kids after school? How will parent-teacher communication work? Every situation is different but there are some steps parents can take to help ease the transition from summer to the school year.

1. Let your child's teacher know about the family circumstances. If you and your ex have recently separated, you may be unsure how to make sure both parents stay in the loop regarding homework, projects, and special events. Letting the teacher know that your child splits his time between two households helps the teacher accommodate the situation. Make sure the school has both parents' contact information. Also let the school know if any other adults like step-parents will be picking up the kids after school;

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 Posted on July 24, 2017 in Main

Under Title VII of The Civil Rights Act of 1964, it is illegal to discriminate against any employee on the basis of his or her race, color, religion, sex or nationality. This means that an employer cannot use a person's gender as an excuse to treat him or poorly. Sadly, sexual harassment in the workplace continues to be a common occurrence, as a recent high-profile example demonstrates.

In April, the controversial television host Bill O'Reilly was fired from the Fox News Channel after five women claimed that they were harassed by him. O'Reilly allegedly made inappropriate remarks about a woman's skin color, allegedly made lewd comments to other women, and allegedly even called women on the phone while he was masturbating. The women were allegedly told that if they complained that they would “pay so dearly that [they]'ll wish [they] had never been born.” Reports indicate that O'Reilly and the network have paid out more than $13 million in settlements related to the allegations.

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 Posted on July 13, 2017 in Main

A few weeks ago, a post on this blog discussed the problems that a prominent tech company faced following allegations of widespread sexual harassment and attitudes that permeated the culture of the organization. In the months since, a former Uber software engineer went public with her experiences, dozens of other women in tech startups have come forward with stories of their own. The entire tech industry, it seems, is a hotbed for inappropriate behavior toward women. Ironically, technology may be one of the keys to tracking down and eliminating sexual harassment in the workplace.

Work Emails and Text Messaging

A growing number of companies around the country exchange information by email and instant messaging using company-specific servers. It is often on these very servers that abusers send sexually-charged messages, comments, or propositions to their victims. Developing technology, however, allows network administrators to install a type of artificial intelligence (AI) on the server to analyze any data being exchanged. AI systems are already being used to help gauge employee morale, as such concerns are often expressed in inter-company emails and messages, and experts believe similar programs could be developed to screen messages for sexual content.

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 Posted on July 12, 2017 in Kane

Sometimes, a marriage is doomed from the beginning for one reason or another. Some couples may find a glaring incompatibility, while others discover that their marriage is void (or voidable) as a matter of law. While, in theory, any married couple can file for divorce, in some cases, it may be easier or more fulfilling to obtain a declaration of invalidity of marriage in Illinois—especially if there is a legal impediment to your marriage and not just personal differences.

Grounds to Claim Invalidity

In Illinois, there are four grounds on which a person can petition to have their marriage declared invalid:

1. The lack of capacity of either party to consent to the marriage due to a factor such as mental illness, fraud, or force;
2. The inability of one party to physically consummate the marriage;
3. One or both parties being underage and lacking the appropriate permission of their parent or guardian to marry; or

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 Posted on July 05, 2017 in Main

Stepfamilies are becoming more and more common in the United States as the divorce rate remains high. While in many cases, the ex-spouse (or other biological parent) will continue to be involved in the lives of his or her children after divorce, sometimes the ex-spouse simply vanishes or passes on. For whatever reason, if one parent ceases to play a role in the lives of his or her children, a stepparent may be able to legally step into that role by adopting the children.

When Is Stepparent Adoption Permissible?

There are several points that any stepparent must consider in order to legally adopt his or her partner's children. First, they must be legally married to the children's biological mother or father. Up until a couple years ago, this applied to opposite-sex couples only, but it now applies to same-sex couples as well. Second, the law does not permit a child to have any more than two legal parents. In other words, your partner's ex-spouse must either be deceased, vanished, or otherwise agree to sign away his or her parental rights, in order for you to be able to adopt the child. If the child is over the age of 14, he or she must also give consent, and this is taken seriously. Without it, the adoption will not go forward.

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