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DuPage County divorce attorneysEnding a marriage is difficult no matter who you are, but those getting divorced after not working outside of the home in many years face added challenges. If you are considering divorce and are a homemaker or stay-at-home mother or father, you probably have many questions. Will I be awarded spousal support even if I initiate the divorce? How can I find a job to support myself without work experience? Will I receive additional child support because I do not have a job?

The answer to many of these questions will depend on your unique circumstances. If you are a stay-at-home parent or have otherwise not worked outside of the home and plan to divorce, there are a few things you should keep in mind.

You May Qualify for Spousal Maintenance

When deciding whether or not to award spousal maintenance, Illinois courts consider many factors. These include, but are not limited to:

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Wheaton divorce attorneysThe National Survey on Drug Use and Health reports that approximately 19.7 million adults in the U.S had a substance abuse disorder in 2017. Millions of other individuals struggle with other types of addictions such as gambling addiction or compulsive shopping.

If you are considering ending your marriage through divorce and your spouse is an addict, you will likely face a more challenging divorce than most. There are certain things you should keep in mind when divorcing a person with a substance abuse or addiction issue so that you can protect yourself both emotionally and financially.

Gather Important Financial Documents

Getting divorced is the end of a romantic relationship but it is also the end of a financial relationship. If you plan to divorce, make sure you collect important financial records including:

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Illinois sexual harassment attorneysYou have probably seen many news reports about sexual harassment in recent years. After the social media movement #MeToo launched in 2017, more and more people started taking workplace sexual harassment seriously. However, there is still much confusion surrounding exactly what sexual harassment is and is not. Is sexual harassment a crime? What constitutes sexual harassment? Many people are also confused as to the difference between sexual harassment, sexual assault, and “sexual misconduct.” Read on to learn about sexual harassment in Illinois and what you can do if you have been a victim of sexual harassment at work.

Defining Sexual Harassment

According to Title VII of the Civil Rights Act of 1964, employees cannot be discriminated against or treated differently because of their race, ethnicity, religion, or gender. Sexual harassment violates the Civil Rights Act as well as Illinois state laws. Unwanted physical contact, sexual or gender-related comments and jokes, sexual advances, and requests for sexual favors can all be considered harassing behaviors. These behaviors become sexual harassment when the conduct interferes with the victim’s ability to do his or her job. “Quid pro quo” sexual harassment occurs when a superior such as a boss or manager attempts to garner sexual favors from a subordinate in exchange for continued employment or workplace benefits.

Sexual Harassment Is Against the Law 

Sexual harassment is typically treated as a civil wrongdoing in the United States. However, some harassing acts may be criminal offenses. For example, if an employee forcibly touches another employee in a sexual way, this can be considered criminal sexual assault. If you have been a victim of sexual harassment at work, there are several steps you can take to protect your rights. First, report the harassment to the human resources department or your superior preferably in writing via e-mail. If the harassment continues, you should contact an employment litigation attorney before doing anything else. Keep in mind, employers are legally prohibited from retaliating against an employee who reports sexual harassment. Retaliation can include firing the employee, transferring him or her to a less desirable position, reducing his or her work hours, and more. If you were fired or otherwise suffered financial harm as a result of reporting sexual harassment, contact an experienced sexual harassment attorney right away.

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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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250 W. River Drive, Unit 2A
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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