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DuPage County divorce attorneysIf you and your spouse are considering calling it quits, you probably have a thousand questions. One of these questions may be, “How will we divide our property during the divorce?” When two people marry, they not only combine their lives but also their material possessions and wealth. Sometimes untangling marital assets can be a challenging and time-consuming endeavor. However, being educated about what the property division process entails can help you be better prepared and eliminate some of the stress associated with the divorce process.

Separate Property Versus Marital Property

If divorcing couples can, they may decide how to divide their property on their own without court intervention. However, when couples cannot agree on how to divide assets, the court must step in. Illinois divides property based on a system called “equitable distribution.” First, it is determined what property is marital (shared) and what property is non-marital or separate. Generally, marital property includes any assets or funds acquired during the marriage. Non-marital property includes property which a spouse acquired before getting married, as well as certain gifts and inheritances. The court will only divide marital property or those assets which have been commingled.

It is important to note that separate property can become marital property in certain situations. For example, if a husband receives a cash inheritance, it is considered separate property. However, if he deposits the inheritance into a joint bank account with his spouse or uses it for family expenses, the property may be considered to be transmuted into marital property.

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Wheaton divorce attorneysIf you are a stay-at-home parent on the verge of divorce, your life is likely to change dramatically. The very nature of a stay-at-home mom or dad—as opposed to a parent who works from home—means that he or she relies on his or her spouse to provide financially for the family. In the wake of divorce, a stay-at-home parent could be at a very serious disadvantage. Fortunately, such parents often have a number of options available to help offset some of the financial effects of a divorce, and a seasoned family law attorney can assist you in exploring them all.

Spousal Support

Maintenance—also called alimony—is one of the most common tools that the courts use to help stay-at-home parents following a divorce. According to Illinois law, the court has the authority to order maintenance if either spouse has a legitimate need. The court must consider a number of factors in determining such a need, and your stay-at-home parent status is certainly one of them, but that alone is not necessarily enough to justify an award.

The court must take the entirety of your situation into account, including concerns such as:

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DuPage County sexual harassment lawyers Sexual harassment is a form of sex-based employment discrimination prohibited by several state and federal laws. Employers cannot treat employees differently or give them different opportunities simply on the basis of sex alone.

The two types of sexual harassment recognized by the law are “quid pro quo” harassment and “hostile environment” harassment. The first happens when a superior or other person of authority attempts to garner sexual favors from employees in exchange for work benefits or promotions. An employer threatening to fire an employee who refuses his or her sexual advances is also committing quid pro quo harassment. Hostile environment harassment can include persistent comments, jokes, or physical contact which leaves an employee so disturbed, he or she is unable to do his or her job. If you have been sexually harassed, one of the most important steps you will need to take in order to bring your harasser to justice is to keep a sexual harassment log.

Your Sexual Harassment Log Can Be the Key to Proving Sexual Harassment Occurred

In previous articles, we have discussed the procedure for reporting workplace sexual harassment. Staying silent about harassment only gives the harasser more power to abuse other innocent people. One of the most powerful tools you have as an individual fighting against workplace sexual harassment is documentation. Almost all sexual harassment lawsuits depend on the victim’s ability to prove that the harassing behavior occurred. In addition to keeping copies of emails, text messages, and instant messages containing harassing language, victims of sexual harassment should also keep written notes about inappropriate or harassing behavior. These notes will be invaluable to you and your attorney if your sexual harassment case goes to trial.

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Wheaton divorce lawyersDespite the romantic notion of “love at first sight,” a happy, healthy relationship does not develop overnight. It takes years of love and commitment by both partners. Likewise, very few marriages and long-term relationships fall apart all at once. Instead, in most cases, the partners begin growing apart over time as the health of the marriage deteriorates. In some situations, there may be a precipitating event—such as an episode of infidelity—that leads to a divorce, but, according to relationship experts, a struggling marriage is likely to be the result of much less dramatic, but just as serious, interpersonal issues.

Marriage and family therapists have a fairly good grasp of the problems facing unhappy couples. Some of the most common issues that ultimately lead to the breakdown of a marriage include:

Dying Curiosity

When you first dated your spouse, every conversation was exciting. You could hardly wait to learn more about him or her, what things they liked and did not like, and who they were as a person. As time goes on, couples begin to get bored, and each partner may feel like they are losing their unique identity. Experts suggest continuing to ask questions and to explore one another’s feelings and perspectives, no matter how long you have been together.

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Illinois sexual harassment attorneysIf you were to Google the phrase “sexual harassment,” the search engine will bring up more than 100 million results. This is probably not much of a surprise, considering the way that sexual misconduct, sexual assault, and sexual harassment have taken center stage in the public consciousness over the last year or so. Since last fall, dozens, if not hundreds, of influential individuals—most of them men—have been accused of various forms of sexual misconduct. Some are facing criminal charges while others have had their careers essentially destroyed.

While the resulting #MeToo movement has given victims of sexual misconduct the platform and the confidence to come forward with their stories, there have been unintended consequences as well. One of these is confusion among the general public about what sexual harassment is and when it is considered to be illegal.

Sexual Harassment is an Employment Issue

If you have been cat-called while walking down the street or continually asked out on a date by your neighbor, you may be the victim of harassment of a sexual nature. According to the law, however, you have not been sexually harassed. In fact, sexual harassment is not a criminal offense in Illinois. Harassment is a crime, as are intimidation, stalking, threatening, and similar behaviors, but they are crimes regardless of whether they include a sexual component.

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309 Walnut Street, Unit B
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

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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