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Category Archives: DuPage County Blog

DuPage County family law attorneysToday’s world is, in many ways, more connected than ever before. Thanks to the rise of digital and online technology, it has never been easier to look for new employment or educational opportunities that may exist far from your current home. For some people, it is also relatively easy to pick up and move to a new city or state in search of a better life, but this is not the case for everyone. If you are divorced, separated, or unmarried and you and your child’s other parent share parental responsibilities, moving to a new area can be rather complicated.

How Far Is Too Far?

The Illinois Marriage and Dissolution of Marriage Act provides that any move that qualifies as a “relocation” must be approved by the court in advance. A relocation is any move by a parent with half or more of the parenting time with the child that exceeds a certain radius from the current home. If you currently live in Kane County—or Cook, DuPage, Lake, McHenry, or Will County—an in-state move of more than 25 miles is a relocation. If you currently live in any other county, a relocation is any in-state move of over 50 miles. Finally, if you live anywhere in Illinois and move more than 25 miles to a new out-of-state home, the move is considered a relocation.

Why Is Approval Needed?

The law requires you to obtain the court’s permission for a relocation to ensure that the rights of your child’s other parent are not being unduly compromised. The other parent—in most cases—has the right to reasonable parenting time with your child and the new geographical distance can present major challenges. Obtaining the court’s approval can be relatively easy if the other parent does not object to your proposed relocation. If you are able to negotiate a new parenting time plan that allows for a continued relationship between the other parent and your child, the move will likely be allowed to proceed. If the other parent does not agree and you still wish to pursue the relocation, you will need to convince the court that the move serves your child’s best interests.

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b2ap3_thumbnail_hostile-work-environment-claim-form.jpgSexual harassment is a form of sex-based employment discrimination, and it against the law. In general, there are two primary types of workplace sexual harassment: quid pro quo harassment and hostile work environment harassment. Both can be damaging to not only the victim’s career but also to their physical and emotional well-being.

“Quid pro quo” is a phrase taken from Latin that means “something for something.” In the context of sexual harassment, it refers to a worker being offered benefits—including continued employment—in exchange for sex-related favors. A manager who promises a raise to a worker if the worker agrees to go on a date with him is probably guilty of quid pro quo harassment. Quid pro quo harassment is often fairly overt and easy to recognize, but this is not always the case with the other type of sexual harassment.

A Hostile Work Environment Can Develop Quietly

Hostile work environment sexual harassment occurs when the atmosphere in the workplace is such that a reasonable person would find it abusive. A situation may also be considered hostile work environment sexual harassment if the harassment interferes with the victim’s performance of his or her job. This type of harassment is often more subtle than quid pro quo harassment, and the types of behavior involved often give perpetrators what they think is “plausible deniability.”

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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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Illinois sexual harassment attorneysCompanies throughout Illinois and across the country are taking steps to prevent and combat sexual harassment in the workplace. Unfortunately, however, the problem still exists. One of the most devastating effects of sexual harassment at work is that it can make the victim feel isolated, demoralized, and unsure of how to proceed. Some victims assume that ignoring the issue will eventually make it go away, but this is rarely how things work. If you are experiencing sexual harassment in the workplace, you will need to become your own advocate and tell someone.

Moral Responsibility vs. Legal Responsibility

From a moral standpoint, your employer should conduct business in such a way that makes you feel safe at all times. A case could be made that, morally and ethically, an employer should not tolerate even a single inappropriate comment, pick-up line, or unwanted sexual advance by any of its employees.

Legally, things are much different, at least in most cases. While “quid pro quo” sexual harassment does occur, in which the harasser offers promotions, increased pay, or other favorable treatment in exchange for a “date” or sexual favors, workplace sexual harassment often takes the form of hostile work environment sexual harassment. This type of harassment refers to a repeated, pervasive pattern of behavior that affect the victim’s ability to do his or her job.

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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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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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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree