Posted on September 30, 2025 in Divorce

While a family-owned business may feel like an extension of home, sexual harassment in the close-knit dynamic of a family business can add extra layers of complexity. Employees may fear retaliation, not only from supervisors but also from relatives or long-time family friends. In the state of Illinois, the Human Rights Act makes it clear that family-owned businesses – like all Illinois businesses – must provide a workplace that is free from sexual harassment.

Sexual harassment in a family business tends to blur the lines between professional and personal relationships. Family dynamics may be impacted, and trust between family members and employees can be shaken. If a family member is the person accused of sexual harassment (775 ILCS 5/2-105), family loyalty can get in the way of doing the right thing.  Finally, when management and ownership are tied to family relationships, challenges are more likely in areas of liability and reporting.

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 Posted on September 30, 2025 in Divorce

The division of marital assets has the potential to be one of the more contentious parts of an Illinois divorce. Marital assets must be separated from non-marital assets, and then the law of equitable distribution takes over. Unlike the handful of states that operate under community property laws (which split marital assets 50/50 regardless of contributions or extenuating circumstances), equitable distribution (750 ILCS 5/503) states seek to divide marital assets and debts fairly.

When exotic or unusual assets are involved, the process can become even more complicated than normal. From rare art collections and luxury vehicles to sports memorabilia and cryptocurrency, these assets rarely fit neatly into "standard" property division. The question becomes how a judge will value and divide items that are rare, hard to trace, or whose value is subjective. If you have questions regarding how your unique marital assets will be divided, a knowledgeable St. Charles, IL divorce  lawyer can help.

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 Posted on September 30, 2025 in Family Law

Child custody – now known in Illinois family courts as the allocation of parental responsibilities – can be impacted by any number of issues. But can a parent’s "alternative" living arrangements affect the allocation of parental responsibilities or parenting time? There are many choices today when it comes to living arrangements. A parent might choose a tiny home, a multi-generational household, a co-housing community, or any number of other options.

While these living arrangements may be innovative, supportive, and/or cost-effective, they may also raise questions in family court. If one parent believes the other has strayed too far from "traditional" housing, he or she may attempt to use this to gain an advantage in court. Although all Illinois family courts make decisions based on the best interests of the child, alternative housing choices can definitely introduce yet another consideration when these decisions are being made.

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 Posted on September 23, 2025 in Sexual Harassment

Although most workers know the standard steps to take if sexually harassed on the job—telling the harasser to stop, documenting the harassment, and reporting it to company leadership or seeking legal assistance—many foreign workers on work visas remain reluctant to report, fearing immediate retaliation.

One woman tells a story of working on a large fruit farm when her supervisor began making sexual comments about her body, even filming her as she stood on a ladder to cut branches. Following proper procedure, the woman reported the sexual harassment to the manager. Unfortunately, rather than putting an end to the sexual harassment, she was assigned to much more physically demanding jobs. She was given jobs such as digging postholes in hard, rocky ground and moving heavy wooden posts and other heavy objects.  

Typically, these were jobs reserved for the youngest and strongest men. Feeling isolated from her female co-workers, the woman believes now that she made a mistake reporting the sexual harassment and "doing the right thing." When asked if she would report the sexual harassment to the Equal Employment Opportunity Commission (EEOC) if it became worse, she said that she would not.

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 Posted on September 22, 2025 in Family Law

A prenuptial agreement can be a powerful tool for couples who want to plan ahead for financial matters in the event of divorce. However, many Illinois couples are surprised to learn that child-related issues (the allocation of parental responsibilities, parenting time (750 ILCS 5/602.7), and child support) cannot legally be enforced in a prenuptial agreement.

Illinois law makes it clear that decisions regarding children must always be based on the best interests of the child at the time of divorce or separation, rather than on an agreement made years earlier. Understanding the limitations of a prenuptial agreement helps couples draft solid, enforceable agreements while avoiding clauses regarding children that an Illinois court will not enforce.

If you are about to be married and you have questions regarding what an Illinois prenuptial agreement can and cannot accomplish, consulting with an experienced Wheaton, IL family law attorney should be your best first step. Your attorney can guide you through the process, making sure there are no surprises or unenforceable clauses in the agreement.

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 Posted on September 22, 2025 in Divorce

Illinois divorces involving family businesses are among the most complex types of divorces. Unlike splitting the marital home or divvying up the household furniture, a family business typically has both tangible and intangible assets. Intangible assets can include customer loyalty, professional relationships, and reputation, among others. These are assets that can significantly affect the value of a business, even though they are not tangible.

Illinois family courts must determine how a business’s goodwill is valued, and whether it is marital property (750 ILCS 5/503) to be divided, or is too closely tied to an individual spouse’s personal skills to be split. It is important to understand how Illinois law treats goodwill in a family business during a divorce. An experienced St. Charles, IL family law attorney can help you determine whether your business’s goodwill must be treated as a marital asset, and, if so, how it will be split.

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 Posted on September 01, 2025 in Family Law

Soccer, travel hockey, elite dance, competitive gymnastics, debate, robotics…the list of extracurricular activities is virtually endless, especially once children start junior high and high school. For parents, getting the children to all these activities can seem like a second job. When your child’s calendar is packed with practices, weekend tournaments, and out-of-state trips, a basic parenting plan is unlikely to hold up under the pressure.

Illinois law provides the tools to build something more comprehensive. Once the court allocates decision-making (including about extracurricular activities) and sets parenting time, the parents are expected to submit a written parenting plan. This plan should address pick-ups and drop-offs, health care, time with each parent, holidays, birthdays, and summer vacations.

It should also address the right of first refusal for last-minute emergencies, and cost-sharing plans for extracurricular activities. Many parents submit a "basic" parenting plan when their children are young, then find that it is inadequate to their pre-teen and teenager’s blossoming schedules. If you need assistance with your Illinois parenting plan, speak to an experienced St. Charles, IL family law attorney.

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 Posted on August 31, 2025 in Family Law

Parents whose salaries are the same from month to month are likely to have little difficulty determining child support amounts during a divorce. The state of Illinois provides a child support estimator, which allows parents to input their parenting times, income, health insurance, spousal support, and extraordinary expenses and get an approximate child support amount.

However, some parents may be self-employed or engage in "gig" work, which can make their monthly income fluctuate substantially. Even parents who have a steady "main" job may engage in gig work on the side to make extra money. In fact, more than 36 percent (57 million) of Americans have a gig work arrangement either as their primary or secondary job. Another 16.5 million Americans are self-employed.

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 Posted on August 31, 2025 in Sexual Harassment

A new study co-written by a team of University of Illinois Urbana-Champaign experts who study workplace sexual harassment has definitively shown something many of us already suspected. Men and women often respond differently when they witness workplace sexual harassment. The way co-workers respond to a victim’s sexual harassment in the workplace can significantly impact the victim’s willingness to report and even the victim’s healing process and well-being.

Supportive co-workers can give victims of workplace sexual harassment the "push" they may need to report sexual harassment, when they fear retaliation or not being believed. If you are a victim of workplace sexual harassment, reporting the harassment is vital. You should never have to work in a hostile work environment where sexual harassment is accepted. An experienced Wheaton, IL sexual harassment attorney will ensure your rights and your future are protected.

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 Posted on August 22, 2025 in Family Law

Illinois Senate Bill 57, signed into law in 2016, changed the terms "custody" and "visitation" to "allocation of parental responsibilities" and "parenting time." Allocation of parental responsibilities focuses on the best interests of the child. If one parent has a criminal record, then his or her parental responsibilities or parenting time may be affected. However, most criminal convictions will not jeopardize the rights of the parent.

The courts will consider the type of offense, when it occurred, and whether it affects the parent’s ability to provide a safe and stable environment for the child. Criminal offenses that involve violence (including domestic abuse), as well as crimes involving illegal drugs, can weigh against a parent. Older, relatively mild offenses will carry less weight, particularly if the parent can show full rehabilitation.

For example, a bar fight from 15 years ago that ended in assault charges may have little effect on parenting time and parental responsibility allocation, particularly if that parent’s record has been clean since that time. Suppose you are worried that a criminal conviction on your record will adversely affect parental responsibility allocation or parenting time. It can be extremely beneficial to speak to a knowledgeable St. Charles, Illinois family law attorney.

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