Recent Blog Posts

What Decisions Can a Couple Make in a Postnuptial Agreement?

 Posted on July 29, 2024 in Main

DuPage County, IL postnuptial agreement lawyerDuring a couple's marriage, financial decisions and planning can play a significant role in maintaining a harmonious relationship. When planning for the future, it can be beneficial for spouses to consider what might happen if their marriage were to end. Since a potential divorce could completely upend a family's financial situation, making decisions about how various issues will be handled ahead of time can provide both spouses with assurance that they will be able to meet their needs.

A postnuptial agreement can be a valuable tool, since it can allow spouses to clearly define their financial rights and responsibilities. It can also determine how various matters will be handled if the couple chooses to get divorced or legally separated. A couple can create a postnuptial agreement at any time after they get married, and an experienced attorney can help draft and negotiate terms that will help protect the needs of their client.

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How Can I Document Workplace Sexual Harassment?

 Posted on July 29, 2024 in Main

 DuPage County, IL sexual harassment attorneyWhile awareness about the need to address sexual harassment in the workplace has increased over the past few decades, sexual harassment continues to affect people in many industries. People who experience sexual harassment may suffer from emotional trauma and other issues affecting their job performance, and they may also experience retaliation after reporting harassment to their employers.

If you are experiencing sexual harassment at work, documenting the harassment, its effects, and the company's response is crucial, since it can help you build a strong case for compensation for the harm you have suffered. An experienced employment litigation attorney can help you understand your rights and options and can work with you to take action against the person who committed the harassment and/or your employer.

The Importance of Documenting Sexual Harassment

By gathering evidence related to workplace sexual harassment, you can demonstrate that you have experienced harm due to inappropriate behavior by a fellow employee or a manager or supervisor. Detailed records can show a pattern of behavior while also detailing how your employer responded to reports of sexual harassment. This can also help protect you from retaliation by demonstrating that actions taken against you by your employer were done in retaliation for complaining about sexual harassment.

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Who Pays for Children's College Expenses After a Divorce?

 Posted on July 29, 2024 in Kane

Kane County, IL adult child support lawyerThere are numerous legal and financial considerations that need to be addressed during a divorce, particularly when children are involved. Child support orders are put in place to ensure that parents share the costs of raising their children.

However, in addition to the support paid while children are minors, parents may also be required to provide assistance as a child pursues a college education after graduating from high school. Illinois law provides guidance on how college expenses may be divided between divorced parents. An experienced attorney can help parents understand these provisions and determine their financial responsibilities during and after divorce.

Illinois Law on College Expenses After Divorce

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts have the authority to order divorced parents to contribute to their children's college expenses. This is one form of what is known as "non-minor support." The types of expenses that may be addressed as children pursue a college education include:

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How to Prepare for Mediation During Your Divorce

 Posted on July 10, 2024 in Main

DuPage County, IL divorce mediation attorneyIf you are planning to get a divorce, you may be worried that conflict with your spouse could lead to a long, drawn-out, expensive process as you work to resolve issues related to your finances, your children, and other aspects of your marriage. However, if you are looking to complete your divorce expeditiously and efficiently while minimizing conflict, mediation may be the best approach.

During mediation, you and your spouse can work together to resolve divorce-related issues amicably with the help of a neutral third party. As you prepare for mediation, it is helpful to understand what you can do to protect your interests and ensure that you will be able to resolve issues successfully. An experienced attorney can help you navigate this process and ensure that you will be able to negotiate a settlement that meets your needs.

Understanding the Issues Addressed During Mediation

As you and your spouse work to create a divorce settlement during mediation, you may need to address matters such as:

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What Should Bars and Restaurants Do to Prevent Sexual Harassment?

 Posted on July 10, 2024 in Main

DuPage County, IL sexual harassment lawsuit attorneyEmployees in many different workplaces experience sexual harassment. Sexual Harassment is an especially common issue in bars and restaurants. To ensure that employees are protected, Illinois law has created specific requirements that apply to these establishments.

Employees who have experienced sexual harassment need to understand their rights and options for addressing situations where employers failed to address sexual harassment correctly. An experienced Illinois sexual harassment attorney can help restaurant or bar employees seek justice for the ways they have been negatively affected by sexual harassment.

Requirements for Bars and Restaurants Under Illinois Law

Under the Illinois Human Rights Act, bars and restaurants are required to take certain steps to prevent sexual harassment towards employees. Employers must have a written sexual harassment policy and distribute it to all employees. The policy must include:

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What Steps Should Companies Take to Prevent Sexual Harassment?

 Posted on June 26, 2024 in Main

DuPage County, IL sexual harassment lawyer

Sexual harassment in the workplace is a serious issue that can have devastating effects on victims. It can create a toxic work environment that affects multiple people, and if it is not addressed properly, it can continue to affect victims and bystanders. Companies have a legal obligation to prevent sexual harassment, and they should be prepared to respond effectively if it occurs. People who have experienced sexual harassment will need to understand how to respond when employers fail to address these issues correctly. An experienced attorney can help address these issues and ensure that victims are able to address the harm they have suffered due to sexual harassment.

Implementing Effective Sexual Harassment Policies

The first step a business should take to protect employees against sexual harassment is to have a clear, comprehensive policy in place. This policy should:

  • Define sexual harassment: Employees should clearly understand what constitutes sexual harassment, including examples of both quid pro quo and hostile work environment harassment.

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What Issues Will Divorcing Parents Address in a Parenting Plan?

 Posted on June 26, 2024 in Kane

Kane County, IL parenting plan lawyerWhen parents choose to get a divorce, they need to address a number of legal issues related to their children. As they make decisions and resolve disputes related to the allocation of parental responsibilities and parenting time, they will create a parenting plan that will dictate how these matters will be handled going forward

Understanding the role that a parenting plan plays in a divorce, the terms that need to be included, and the ways child-related disputes may be resolved ensures that parents are prepared to make decisions that protect their children's best interests. An experienced attorney can provide invaluable guidance during this process, working to negotiate agreements while protecting a parent's rights.

Understanding Parenting Plans

A parenting plan is a written agreement that specifies how divorced or separated parents will share parental responsibilities and how parenting time with children will be divided. A well-crafted agreement can serve as a roadmap for co-parenting, and it can help minimize conflicts by clearly defining each parent's roles and obligations. In Illinois, a parenting plan is a critical component of the divorce process when children are involved, and it must be filed with the court for approval.

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6 Tips for Managing Co-Parenting Conflicts Successfully

 Posted on June 26, 2024 in Main

DuPage County, IL child custody lawyerCo-parenting can sometimes be challenging. When parents have chosen to end their relationship through divorce or separation, they still need to be able to work together going forward and cooperate with each other as they raise their children. When disagreements arise, co-parents need to determine the best ways to resolve these conflicts while prioritizing their children's needs. An experienced attorney can help address and resolve legal issues related to child parenting agreements, ensuring that children's best interests are always the top priority.

Maintaining Open Communication

Regular communication can be crucial in a co-parenting relationship. Parents should be sure to keep each other informed about important issues that may affect their children, including medical concerns, educational issues, events and activities, and anything else that may affect children's best interests. Regular, respectful dialogue can prevent misunderstandings and help address potential issues before they escalate into conflict.

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How Can I Protect My Business During My Divorce?

 Posted on June 10, 2024 in Kane

Kane County, IL divorce lawyerMultiple types of legal and financial issues need to be addressed in a divorce. For business owners, the stakes of divorce can be high, since issues that affect their business may also affect their livelihood and financial stability. An experienced divorce attorney can help business owners determine the best steps to take to protect themselves during the asset division process. At Mirabella, Kincaid, Frederick & Mirabella, LLC., we work to ensure that our clients are able to address financial concerns correctly and complete their divorces successfully.

Is a Business a Marital Asset or a Separate Asset?

The first thing that a business owner will need to address during a divorce is how their business will be categorized. A business may fall into one of two categories:

  • Marital property: If the business was started during the marriage, it will likely be considered a marital asset. Also, if marital funds were invested into the business, or if the business grew primarily due to the joint efforts by both spouses, it may likely be considered a marital asset. This means it is subject to division between the spouses.

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10 Reasons Mediation Could Help to Resolve Child Custody Disputes

 Posted on June 10, 2024 in Kane

Kane County, IL divorce mediation lawyersWhether you are getting a divorce or working to establish a child custody agreement as an unmarried parent, you may worry about how to address the areas that are in dispute, reach agreements that will meet your family's needs, and avoid ongoing conflict as much as possible. Handling these matters through litigation can lead to increased conflict, stoking feelings of anger and resentment and making it more difficult to cooperate in the future

If you and the other parent are willing to cooperate and reach compromises, mediation can provide a constructive alternative to the adversarial courtroom process. An experienced attorney with training in mediation techniques can help you work together to create a parenting plan so that you and your family can move forward into a more positive future.

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