Posted on November 13, 2017 in Main

Sexual harassment and sexual violence have been present for long as humans have had societies, though the issues have not always been discussed publicly. Many people point to the allegations made by Anita Hill against then-Supreme Court nominee Clarence Thomas in 1991 as the beginning of the public battle against sexual harassment. In recent months, the war has been reignited with great fervor as countless high-profile individuals have been accused of sexual harassment, sexual assault, and other forms of sexual misbehavior.

Perhaps the most common response to each new allegation that comes out is a question: why did the victim wait so long to come forward? If the abuser's actions were brought to light sooner, they could have been dealt with sooner. Coming forward with allegations of harassment, however, is often the most difficult thing a victim will ever have to do—especially for women who have been the victims of male abusers.

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 Posted on November 08, 2017 in Main

According to a recent study by the Equal Employment Opportunity Commission, up to 95 percent of workplace sexual harassment victims never file a formal complaint. Considering that thousands of formal complaints are filed every year, this means countless other victims suffer silently. If that number sounds outrageously high, take a look at the posts that have been flooding Twitter, Facebook, and other social media outlets in recent weeks. Chances are good that you will find countless examples of sexual harassment and assault that have gone unreported before now—many of them from family members and others in your social circles.

Such posts were prompted, in large part, by a single tweet from actress Alyssa Milano who expressed her feelings in the wake of accusations against famed film producer Harvey Weinstein. In her Twitter post, Milano encouraged women who have been sexually assaulted or harassed to reply, “Me too.” Within hours, the responses began to flood social media, and Milano herself replied to her own post with a “Me too.” Women from all walks of life—including numerous other high-profile actresses and entertainers—started sharing their stories of sexual harassment, most of them marked with the trend-tracking hashtag #MeToo.

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 Posted on November 07, 2017 in Kane

Divorce is not an entirely new phenomenon but it has certainly become more socially acceptable and widespread over the last 40 or so years. As divorce became more commonplace in the 1970s and 80s, a divorcing couples' children were generally left under the care of their mothers. Divorced dads, by and large, seemed to be less important—with the exception of child support—in the bigger picture of raising the children.

In many ways, this custom was a reflection of the cultural belief that mothers were more nurturing and more inclined to raise children properly compared to fathers. While fathers were given occasional “visits” with their children, it was difficult for men to foster true parent-child relationships with their sons and daughters. In fact, many were more like an uncle figure or family friend than a dad.

New Understandings

Since then, family and relationship experts have conducted dozens of studies regarding the health and well-being of children after divorce. Many such projects looked directly at how children in joint or shared parenting arrangements fared compared to those in sole custody situations. These studies have been conducted using different methods, both in the United States and in other countries, and the results have been largely the same. Children who spend a significant amount of time with each parent—35 percent or more—tend to do better socially, psychologically, and academically than children who live with one parent and just visit the other. Shared parenting arrangements also result in better relationships between the children and both parents.

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 Posted on November 02, 2017 in Main

If you receive child support payments, the presumption exists that you will use that money to buy things that promote your child's well-being. Defining what those things are, however, can be difficult. The law in Illinois provides some guidance regarding what child support payments should be used for, but such decisions are usually left entirely up to the recipient parent.

Illinois Law

The Illinois Marriage and Dissolution of Marriage Act states that both parents are responsible for contributing toward meeting the “reasonable and necessary educational, physical, mental, and emotional needs of the child.” The parent granted a majority of the parenting time fulfills a portion of this responsibility by providing the child with his or her primary home and daily basic needs. The other parent, therefore, will usually be required to make child support payments based on the income of both parents and the number of children being supported.

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 Posted on October 20, 2017 in Kane

Countless factors could contribute to a couple's decision to end their marriage and seek a divorce. Such factors may include differing views on money, a breakdown in communication, unrealistic expectations, and infidelity. Relationship experts have long recognized that having children can also affect the stability of a marriage. Many couples find that adding children ultimately makes their marriage stronger while others are driven to the point of divorce. While there is no way to know for sure what children will do to your marriage, a recent study suggests that having a first-born girl could increase your chances of divorce.

Different Studies, Different Results

Several research projects over the last few years have looked at the possible link between marital happiness and a child's gender. A few conducted in the United States have found that parents who had girls first were more likely to divorce than those with first-born boys. Other American studies challenged such findings, but until now, there has been very little research done into how girls affect their parents' marriages.

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 Posted on October 17, 2017 in Main

Genetics play a large role in our physical appearance, our health, and many other aspects of our lives. Of course, so does the environment in which we live. For decades—if not longer—researchers have been exploring the impact of what is colloquially known as “nature vs. nurture” on a wide variety of human behaviors. Forming healthy interpersonal relationships would seem to fall into the category of learned behaviors—or nurture—but new evidence suggests that genetics may have an effect as well. Divorce, it appears, may be genetic and runs in families as a result.

A New Look

Researchers from Virginia Commonwealth University collaborated with a team from Lund University in Sweden on a project that examined the relationships of adopted children, their adoptive parents, and their biological parents. The study looked to test the widely held belief that children of divorced parents are more likely to divorce simply because that is what they know and are conditioned to see as normal.

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 Posted on October 05, 2017 in Kane

Divorce and family-related legal proceedings are difficult on all parties involved. It can get infinitely more challenging when a parent is struggling with mental illness. However, the mere existence of mental illness or neurological variance should not be grounds for loss of parental responsibilities, formerly called child custody. Every person is entitled to a fair evaluation of his or her legal competency.

Legal Competency

When a parent is mentally ill, the issue becomes one of mental capacity, which is used to determine a person's legal capacity to parent. Unfortunately, many times, that capacity is assessed by outdated benchmarks, by biased people. Recent statistics by the National Council on Disability shows rates of child removal from a home where one parent has a psychiatric or intellectual disability are as high as 80 percent. This is manifestly unjust for both parent and child. A parent's disability may be considered when determining the best environment for a child, but making a blanket determination without an appropriate review is wrong.

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 Posted on October 02, 2017 in Main

When you and your spouse make the decision to get a divorce, your assets must be valued in order to determine a fair split of the property you accumulated during the marriage. One of the most complex valuations you will experience is the appraisal of any business you own together. Business valuations can quickly grow contentious and accusatory, and having the right attorney on your side may make the difference between an equitable settlement and a long drawn-out battle.

Potential Points of Contention

Unless there is a prenuptial agreement governing the distribution of the business shares, a business that is determined to be a marital asset is subject to division during a divorce. When a couple has worked in the same business, it can be quite difficult to tell what effect each person has had on the company as opposed to their collective effort. One of the most common problems encountered in business valuations is the perception of each spouse and how it may radically differ. For example, one spouse may look at the business and see the worst-case scenario, while the other may see only growth. It tends to depend on who is leaving and who is staying.

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 Posted on September 28, 2017 in Main

If you have ever been arrested and charged with a crime, the arrest becomes part of your criminal record, even if the charges are eventually dropped. Prospective employers and other individuals or entities who conduct criminal background checks are able to see the record of such arrests, often leading to embarrassing questions and the denial of certain opportunities. Of course, if you were convicted on criminal charges, you are likely to find even more doors that are closed to you as a result of your history.

In recent months, however, Illinois lawmakers have taken steps toward helping those who may have blemishes in their background rebuild their lives and gain renewed access to occupational and educational opportunities. On August 24, 2017, Governor Bruce Rauner signed House Bill 2373 that dramatically increased the number of offenses eligible for record sealing, giving thousands more Illinoisans the possibility of a fresh start.

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 Posted on September 26, 2017 in Kane

Over the last few years, the American Association of Matrimonial Lawyers (AAML) has reported that a solid quarter of its members are seeing an uptick in disputes over the custody of a family pet during divorce proceedings. While pets are often legally classified as property, pet owners know better. They are real, genuine members of the family who give love and affection and ask for very little in return. However, if your divorce goes badly, or if both you and your spouse have strong feelings about your pet, you may wind up in a difficult battle over your furry friend.

Property Law Applied to Pets

Despite your very strong feelings on the matter, a pet is considered to be property for the purposes of a divorce proceeding. That means that the animal is subject to the agreement you and your spouse reach regarding the division of your property, unless you have established more specific provisions beforehand (such as, for example, in a prenuptial agreement). Courts do, however, recognize that the situation is somewhat unusual, as most property is not sentient nor does it have feelings.

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