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Wheaton divorce attorneyAlthough we usually think of marriage as a romantic union, it is also a financial union. When a couple marries, they combine their property, expenses, and debts. Undoing this financial fusion during divorce can quickly become complex. If you are getting divorced, you may have concerns about what property is rightfully yours and what belongs to your soon-to-be-ex-spouse. Read on to learn about how property is divided in an Illinois divorce and what to do if you need legal guidance during your split.

Illinois is an Equitable Distribution State

When a couple divorces, they have the option of making their own decisions about what property should go to which spouse. However, when divorcing spouses cannot agree to a property distribution arrangement, the court must intervene.

Unlike certain other states, Illinois does not simply split marital property in half and assign 50 percent of the value of the marital estate to each spouse. Instead, Illinois follows equitable distribution laws. According to equitable distribution, marital property is divided equitably, or fairly, depending on the spouses’ financial and life circumstances. Things like each spouse’s income, property, health, future earning capacity, and financial needs are taken into consideration. Before marital property can be divided, the court must determine what property is marital property and eligible for division and what property is separate property which is not divided.

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DuPage County divorce attorneysDomestic violence affects nearly three out of every ten women and one out of every ten men. If you are currently in or have recently left an abusive relationship, you know how devastating domestic violence can be. While divorce is often a stressful ordeal, a person divorcing an abusive spouse faces an especially daunting task. Fortunately, there are steps you can take to help you get through your divorce as safely and confidently as possible. 

Keep Yourself Safe First and Foremost

If you are currently married to an abusive spouse, the most important first step for you to take is to secure your safety and the safety of your children. If you have been physically abused, take pictures of any injuries and get medical help immediately. An emergency order of protection (EOP) can be obtained from your local county courthouse.

These protection orders, also called restraining orders, can prevent an abusive spouse from being within a certain distance from you, your children, your place of work, and more. An EOP lasts 14 to 21 days and can be obtained without a hearing. If you need to establish a more permanent order of protection, you will be able to seek a plenary order of protection which can last up to two years.

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Illinois sexual harassment attorneysFew would disagree that the #MeToo movement has changed the way most people think of workplace sexual harassment in the United States. The movement began in October 2017 when social media users started using the hashtag “Me Too,” to signify that they had been a victim of sexual abuse, sexual harassment, or other wrongdoing. The social media phenomenon came on the heels of sexual harassment allegations against several high-profile celebrities including film producer Harvey Weinstein. It is impossible to know exactly how much success this movement has had in reducing workplace sexual harassment, but a recent study has offered some interesting new information.

Women Polled About Sexual Harassment Show Changing Work Landscape

Researchers from the University of Colorado’s Leeds School of Business polled women in 2016 and then again in 2018 regarding sexual harassment at their workplaces. The survey shows that while sexual harassment is declining in some ways, that there are still issues surrounding inappropriate comments towards women at work.

Many of the women surveyed reported that certain types of harassing behavior such as staring, leering, and other unwanted sexual attention is less of an issue now than it was two years ago. Nearly 70 percent of women said that they were the subject of unsolicited sexual attention at work in 2016, but only a quarter of respondents said that they dealt with unwanted sexual attention at work in 2018. In 2016, 25 percent of women reported being the victim of sexual coercion while this number dropped to 16 percent in 2018.

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Illinois sexual harassment attorneysMany people spend more time with their co-workers than they do with their friends and family. Understandably, sparks between colleagues can fly and Cupid’s arrow can strike even at work. So, what happens when an employee wants to ask a co-worker on a date? Sexual harassment issues have recently taken center stage in the United States and in many other places around the world. Men and women alike are saying “no more” to employment discrimination and workplace sexual harassment. If you want to start a romantic relationship with a co-worker, there are several things you should keep in mind so that you can avoid sexual harassment allegations.

Find Out Your Company’s Policy on Office Relationships

Research shows that about one out of every three adults in the U.S have been in or are currently engaged in an office romance. While romantic or sexual relationships between co-workers have always been slightly taboo, they are even more dangerous in the #MeToo era. Because of this, many companies have instituted strict rules about office relationships. Some companies ban romantic relationships between co-workers altogether, and many others have procedures for reporting the relationship to the human resources department. Although you may wish to keep your relationship private for personal reasons, violating your company’s policy regarding office romances is a risky career move. If you keep the relationship a secret, it could make the situation look much more sinister than it really is.

Relationships Between Supervisors and Subordinates Spell Major Trouble 

A relationship between a boss and a subordinate is the most concerning type of office relationship. Even if the relationship or sexual activity is consensual, the relationship can cause a serious conflict of interest. If you are a boss and you are interested in asking a subordinate out on a date, consider this: You do not have to explicitly say you will trade sexual favors for workplace perks in order to be accused of sexual harassment. Quid pro quo sexual harassment occurs when an employee in a supervisor or boss position uses his or her authority to gain sexual contact from a subordinate. If a subordinate assumes that going on a date or agreeing to sexual contact with you will benefit him or her at work, the situation could come dangerously close to illegal sexual harassment.

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DuPage County divorce attorneysMaking the decision to end your marriage is one of the hardest choices a person will ever make. If you are a parent who is considering divorce, your choice is even harder. You not only have to worry about how you and your spouse will manage the split, but also how your children will react to the divorce. Although no one would argue that divorce is challenging for everyone involved, the good news is that a great deal of research has been done about divorce and children. Experts say that there are several things you can do to help your kids deal with your divorce as well actions which you should avoid during this difficult time.

Keep Adult Conversations Away from the Children

If you are like most divorcing individuals, you probably have several points of contention with your soon-to-be-ex-spouse. Understandably, heated arguments with your spouse are bound to happen. Experts say that children overhearing their parents fight can cause them serious emotional and psychological harm. Additionally, experts warn against badmouthing the children’s other parent in front of them as this can make kids feel like they have to choose sides.

Continue the Kids’ Normal Routine as Much as Possible

Children gain a great deal of comfort and reassurance from routines. If you used to get ice cream every Friday after school before the split, experts encourage you to continue this tradition after you have decided to divorce. Keeping school and extracurricular activities the same helps children understand that while many things about their lives are changing, they do not have to worry that everything is changing at once. Furthermore, experts say that it is beneficial for parents to keep household rules like bedtimes and chores consistent during their separation or divorce.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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