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Recent Blog Posts
Where is Workplace Sexual Harassment More Likely to Occur?
The number of employees who report having experienced sexual harassment in the workplace is eye-opening, to say the least. Almost 60 percent of all women say they have experienced sexual harassment in the workplace in the form of unwanted sexual attention, sexist comments, sexually crude conduct, or sexual coercion. Fourteen percent of all men say they have been sexually harassed while at work.
One in seven women and one in 17 men have sought a new job assignment, changed jobs, or quit a job as a result of sexual harassment. Some industries are worse than others, including the service industry. Unfortunately, more than 85 percent of those who have experienced sexual harassment in the workplace will not file formal legal charges, while 70 percent never even make an internal complaint.
Legal Separation vs. Divorce in Illinois
While legal separation and divorce are both legal processes that share similar procedures, their outcomes are distinctly different. A divorce ends the marriage, while legal separation does not. A legal separation is more than just physical separation between a couple, although physical separation is certainly a part of it.
Some couples may choose legal separation over divorce for a number of reasons, but in many cases, a legal separation ultimately results in divorce. If you are contemplating legal separation in Illinois, discuss the matter with an experienced St. Charles, IL divorce lawyer before making your decision.
What Are Some of the Most Common Reasons for Choosing Legal Separation?
Legal separation is a court-approved agreement between spouses to live separately from one another, financially and physically. Spouses are not free to remarry during a legal separation, and spousal inheritance laws remain intact during a legal separation. The most common reasons spouses choose legal separation include:
Four Ways You Can Make Mediation Work for Your Illinois Divorce
The divorce rate has steadily declined over the past two decades, although many experts attribute that decline to the fact that fewer people are getting married and more people are living together. That said, across the United States, the national marriage rate is hovering near an all-time low. Arkansas and Wyoming have the highest divorce rates, and Vermont has the lowest rate of divorce. New Mexico takes top honors for the least number of people per capita getting married.
Regardless of the number of people marrying or divorcing, when it happens to you, it becomes much more than a statistic. If you and your spouse are considering divorce, you may want to consider mediation. While mediation is not right for everyone (especially those whose marriage involves domestic abuse), it can be a good alternative to allowing a judge to make decisions that you will be bound to for many years to come.
Do Witnesses to Sexual Harassment Have a Responsibility to Report?
There is a shameful secret regarding sexual harassment in the workplace that few people want to address or even admit exists. In many cases, sexual harassment in the workplace is witnessed by others. This can be beneficial for the victim of sexual harassment because it can provide corroboration of the sexual harassment.
Unfortunately, in some cases, witnesses to sexual harassment in the workplace look the other way - and often feel shame about doing so. A 2019 study found that of the employees surveyed who directly witnessed sexual harassment in the workplace, 77 percent of them did not report the harassment to Human Resources or to a manager or superior, although 46 percent told other colleagues about the harassment, and 67 percent told their friends and family about the harassment.
4 Things Many Parents Wish Had Been in Their Parenting Plans
When you are in the middle of a divorce, particularly a contentious one, filled with arguments regarding parenting time and parenting plans, your primary goal is to get through this difficult time so you can put your life back together and move on. While this is perfectly natural, it can lead to decisions being made hastily or without really thinking them through.
Months or years down the road, every time you have to deal with something in your parenting plan that you wish was not there, all you can think is, "If only I had..." While some things must be included in your parenting plan, many others can be fine-tuned to suit your particular situation. Speaking to an experienced St. Charles, IL family law attorney can help you avoid these regrets later on.
What Would Parents Change in Their Parenting Plans If They Had a "Do-Over?"
Things often look very different in hindsight. Most parents who have lived with a parenting plan for years can point precisely to the things they wish they had added, skipped, or thought through a little more thoroughly. Some of these include:
Are Parenting Time and Parenting Plans Different for an Infant?
Getting divorced is difficult under most circumstances, but when but when an infant is involved, the allocation of parental responsibilities, parenting time, and parenting plans becomes exponentially more complex. Not only are parents adjusting to a newborn and perhaps being parents for the first time, but they are also going through the stress of a divorce.
Determining parenting time will depend on many different factors, not the least of which is whether the mother is breastfeeding. Although an infant’s needs are relatively basic, they are equally critical to the health and well-being of the child. Developmental needs, consistency, and time with both parents must all be considerations when creating a parenting time schedule.
If you are divorcing your spouse soon after your child is born, it is important that you have compassionate, experienced legal counsel in the form of a Wheaton, IL family law attorney. Your attorney can help you craft a parenting time schedule and parenting plan that will change and adapt with your child.
Cryptocurrency and the Dissipation of Marital Assets in IL
Cryptocurrency is a type of digital currency that allows people to make payments to one another through an online system. There is no legislated or even intrinsic value in cryptocurrency – it is worth what people are willing to pay. Undoubtedly, cryptocurrency is one of the hottest investments, even though some investors are not entirely sure how it works. The projected revenue in the cryptocurrency market worldwide is expected to reach 45.3 billion in 2025, and the number of cryptocurrency users is expected to reach 861 million.
Illinois is an equitable division state, which means that marital assets are divided fairly, although not necessarily equally. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), virtually all assets gained by either spouse after the marriage occurs are considered marital property, subject to equitable division during a divorce. The only time cryptocurrency would be considered non-marital property is when one spouse purchased it before the marriage or purchased it with inherited funds.
Can Parental Rights be Terminated for Skipping Parenting Time?
Perhaps your ex has been given parenting time in the form of one weeknight per week and every other weekend. Yet, virtually every time it is his time to spend time with your two young children, he simply does not show up. In some cases, he may offer an excuse after the fact, but he appears to have zero interest in seeing his children to the point where you do not even expect him to show up anymore.
You move on with your life and meet a man whom you marry. He treats your children as his own, and you are now wondering whether you can have your ex-spouse’s parental rights terminated, allowing your husband to adopt the children. You may be surprised to find that the court is not as amenable to terminating parental rights as you expected.
While the ex in this case could agree to voluntarily have his parental rights terminated, allowing the new husband to adopt the children, Illinois has very specific grounds for the involuntary termination of parental rights. A family law attorney can help you explore your options and have your questions regarding the termination of parental rights answered.
Workers Fear Retaliation After Reporting Sexual Harassment
A 2020 report found that a staggering 72 percent of those who reported sexual harassment experienced some type of retaliation. That retaliation could be a false write-up, demotion, denial of a promotion, or termination. As many as 55 percent of those who reported sexual harassment and identified the perpetrator said the perpetrator of the sexual harassment was their supervisor.
Two in five workers who reported sexual harassment said that there were no adverse repercussions for the harasser. More than one in seven people were threatened with legal action or even physical harm if they reported the sexual harassment. About 20 percent of those surveyed said that the sexual harassment they experienced had long-term, negative financial and mental health consequences.
How Workplace Sexual Harassment Affects Job Satisfaction
When a workplace is toxic as a result of chronic sexual harassment, the productivity of the employee being harassed decreases. Further, sexual harassment significantly affects job satisfaction and can lead to sexually harassed employees disengaging. One study places the loss of productivity from sexual harassment at $2.62 billion and found that women who had reported sexual harassment felt the harassment significantly undermined their job performance and job satisfaction.
Despite legislation that aims to reduce the incidence of sexual harassment in the workplace, it remains an ongoing issue experienced primarily by women – although men can be sexually harassed on the job as well and often are. If you are facing sexual harassment in the workplace, speaking to an Illinois sexual harassment attorney can be the best step you can take to protect your rights and your future.