Posted on June 10, 2024 in Kane

Multiple 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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 Posted on June 10, 2024 in Kane

Whether 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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 Posted on May 26, 2024 in Main

Getting a divorce can involve many different financial factors, particularly when a couple owns significant assets. In a high net worth divorce, the financial stakes are considerably higher, and disagreements over money or property can be difficult to resolve. However, failure to properly address these issues can make matters even worse, potentially leading to a longer, more drawn-out, and more costly divorce process

An experienced attorney who understands the best way to address concerns related to assets and income can provide crucial guidance and take steps to protect the client's interests. An attorney can help avoid common mistakes such as:

Failing to Accurately Disclose All Assets

Property division is one of the most critical issues in a high net worth divorce. When addressing concerns related to the property a couple owns, it is crucial to ensure that there is a full and frank disclosure of all assets. This includes everything from real estate and business interests to investments, retirement accounts, and valuable collections. Both spouses should fully disclose all of the assets they own, the income they earn, and any other relevant financial information. Mistakes or omissions during disclosures could potentially lead to legal penalties. In the most serious cases, a divorce agreement may even be invalidated, and future litigation may be needed to challenge or correct the division of assets.

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 Posted on May 26, 2024 in Main

Workplace sexual harassment is not only a violation of a person's rights, but it can also be a significant cause of emotional distress. Victims often experience a range of psychological and mental health issues that can severely impact their work and their personal lives. Understanding the impact and effects of sexual harassment and the need to address it promptly is crucial. An experienced attorney can help victims of sexual harassment take steps to protect their rights and address the harm they have suffered.

Emotional and Psychological Effects of Sexual Harassment

Sexual harassment can have profound psychological consequences. Some of the most common emotional issues experienced by victims include:

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 Posted on May 26, 2024 in Kane

Marriage is a significant milestone in a couple's relationship. While the decision to get married is usually rooted in love and commitment, it is also important to understand that marriage is a legal union that will have many financial implications for a couple. A prenuptial agreement, commonly known as a prenup, can be a valuable tool for protecting the interests of both spouses. An experienced Illinois family law attorney can provide guidance on how a prenup may be used to protect assets and minimize disputes in a potential divorce. Scenarios where prenuptial agreements can be especially beneficial include:

Significant Assets or Debts

Any assets owned by either spouse before getting married will be considered separate property that will not be divided in a divorce. Likewise, debts accrued by one party before the marriage will be that spouse's sole responsibility. However, a couple's finances can become intermingled during their marriage, making it difficult to distinguish between marital property and separate property. A prenup can identify certain assets and debts and ensure that they will remain separate from a couple's marital estate.

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 Posted on May 08, 2024 in Main

Navigating life after divorce can be challenging, especially when children are involved. While the terms of a parenting plan may have fit a family's situation at the time of the divorce, life circumstances can change. Either parent may believe that adjustments to child custody or parenting time should be made based on new situations

For parents in DuPage County, understanding when and how a parenting plan can be modified is crucial. By consulting with an experienced attorney, a parent can navigate this process and determine the best course of action for their family.

Understanding Post-Divorce Parenting Plan Modifications in Illinois

In Illinois, parenting plans are designed to address all child parenting related issues in a divorce or family law case, establishing each parent's rights and responsibilities concerning their children. However, as life goes on, circumstances may change, and these initial agreements might need adjustments to better serve the best interests of the children.

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 Posted on May 08, 2024 in Kane

If you are planning to get a divorce, you will need to be aware of many different financial concerns that could affect you. Perhaps the most important of these is the division of marital property. The process of dividing your marital property can be challenging, especially when it comes to valuable assets such as real estate.

Understanding how your home and any other real estate property you own will be treated during your divorce is crucial. A knowledgeable attorney can help you navigate the complexities of property division, ensuring that your financial interests will be protected.

Determining if a Home Is Marital Property or Separate Property

The first issue you will need to address when considering real estate during your divorce is determining whether a house or other property is considered a marital asset. Generally, marital property includes all property acquired by either spouse during the marriage, regardless of whose name is on the title. Thus, if you purchased your family home or any other property during your marriage, these assets will need to be divided between you and your spouse.

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 Posted on May 08, 2024 in Main

Sexual harassment in the workplace is a serious issue that can significantly affect an employee's work environment, their physical and emotional well-being, and their overall career.

If you have faced sexual harassment at work, it is crucial to understand the legal procedures that should follow after reporting the incident. An experienced attorney can help you navigate these procedures and ensure that your rights are protected.

Company's Response to Sexual Harassment Complaints

Upon receiving a complaint of sexual harassment, a company is legally obligated to follow several key steps to address the issue effectively and lawfully. These include:

• Investigation: The company should promptly initiate an unbiased and thorough investigation to gather facts about the complaint. Maintaining confidentiality as much as possible during this process is crucial to protect all involved parties.

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 Posted on May 02, 2024 in Main

Sexual harassment is a problem that affects not only the victims, but can negatively impact the entire workplace environment. Understanding when and how perpetrators of this type of misconduct can be held accountable is critical for fostering a safe and respectful workplace. An experienced attorney can help sexual harassment victims navigate these difficult situations, ensuring that their voices are heard and fight for them to make sure justice is served.

The Importance of Speaking Up Against Sexual Harassment

The first step in ensuring that perpetrators of sexual harassment face consequences is for victims or witnesses to speak up. Silence often allows such behavior to continue unchecked, allowing the issue to affect more people and embedding toxic behavior into the culture of a workplace.

Speaking up and ensuring that a company takes action will send a powerful message that sexual harassment will not be tolerated. It encourages others to come forward, and it can lead to broader changes in policies and attitudes that protect everyone.

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 Posted on April 30, 2024 in Kane

There are many reasons why a couple may choose to get a divorce, but in some cases, a spouse may be hesitant to leave their marriage because they are concerned about their ability to provide for themself on their own. If one spouse's income covered the majority of the family's expenses, the other spouse may worry that they will not have the resources to maintain their standard of living or even meet their basic needs. Historically, this concern most often applies to women, because they are the spouse most likely to give up career opportunities to raise children; however, it applies equally to men as well.

Income disparities between spouses may be addressed during the divorce process through spousal maintenance, which is also known as spousal support or alimony. To ensure that this issue and other legal and financial concerns will be addressed correctly during the divorce process, a spouse should work with an attorney who can advocate for his or her interests.

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