Blog

Category Archives: DuPage County Blog

Wheaton divorce mediation lawyersWhen a married couple decides to end their marriage through divorce, there are many decisions which must be made. If the couple has children, schedules for child custody (technically called the allocation of parental responsibility) and visitation (parenting time) must be arranged. The couple will also need to decide how they will split their marital estate. Often, this involves deciding whether or not to sell the family home or assign it to one of the spouses. Couples must also decide how shared bank accounts, investments, vehicles, and valuables like jewelry or fine art should be divided.

Understandably, many divorcing couples struggle to communicate effectively about these issues. In these circumstances, divorce mediation can help facilitate communication between the spouses so they can arrive at an agreement.

Benefits of Mediation 

Most divorcing couples wish to avoid courtroom litigation. Not only is litigation expensive and time-consuming but it can also be an intimidating environment and lead to escalated hostility between the spouses. Mediation allows couples to meet with a mediator and discuss their concerns about various issues related to the divorce. A mediator does not make decisions for the couple, but instead he or she encourages an open dialogue between the parties which allows them to make decisions for themselves.

...
Continue reading

Illinois sexual harassment retaliation lawyersAcross the country, men and women are saying “no more” to workplace sexual harassment. No one should be made to tolerate demeaning sexual remarks and behavior while they are at work. However, many people stay silent about sexual harassment because they are afraid reporting the sexual harassment will get them fired. Fortunately, there are laws in place which prohibit employers from firing an employee for making a sexual harassment complaint.

What Constitutes Sexual Harassment?

There are two types of sexual harassment recognized by the law: quid pro quo and hostile work environment harassment. Quid pro quo sexual harassment occurs when a superior attempts to trade sexual attention for workplace perks or continued employment. Hostile work environment harassment occurs when derogatory, discriminatory, or sexual comments and behavior interferes with an employee’s ability to do his or her job.

Can I Sue for Wrongful Termination?

Illinois is an at-will state, which means an employee can be fired at any time and for almost any reason. However, there are several exceptions to the at-will rule. Legally, an Illinois employer cannot fire an employee for discriminatory reasons or in retaliation for the employee exercising his or her rights. Sexual harassment is a type of employment discrimination protected against by Title VII of the Civil Rights Act of 1964 and other laws. If the only reason a person was fired was because they complained about sexual harassment, they may bring a wrongful termination lawsuit against the employer.

...
Continue reading

Wheaton family law attorneysThere are two instances when child support is awarded to parents in Illinois: when parents get divorced or when unmarried parents have a child together. If you are an unmarried parent or soon will be, you may be wondering how you can receive support payments from your child’s other parent. If the child’s biological father has not been officially named the legal father of the child, you will have to establish parentage through the court before requesting child support.

How to Establish Paternity in Illinois

When a married couple has a baby, Illinois law assumes that the husband of the woman who gave birth to the child is the father. However, when an unmarried woman gives birth, there is no assumption of paternity. Parentage can be established through one of several ways. If neither party doubts the paternity of the child, the two parents can sign a Voluntary Acknowledgement of Paternity (VAP). This document allows the father to be named on the birth certificate but does not address issues of child support, parenting time, or allocation of parental responsibilities. Another method for establishing parentage is for either parent to file a Petition to Establish Parentage through the county court and participate in the subsequent proceedings. Lastly, parents may seek an Administrative Paternity Order to be established and entered by Healthcare and Family Services’ Child Support Services.

How Will Child Support Amounts Be Decided?

Once legal parentage is established, child support matters can be decided. Since July 1, 2017, Illinois courts have made child support decisions based on an "income shares" model. Under this model, each parent’s income in relation to the parents’ combined income is used to calculate a fair and reasonable child support amount. Factors such as healthcare, parenting time (visitation), and other elements may influence the final child support obligation, but the base child support obligation is mostly decided based on the combined net income of both parents. A parent who wishes to change a child support order must file a petition for modification of the child support order though the county court. Generally, only a major change in financial circumstances, employment, or disability will justify a modification to an established child support order.

...
Continue reading

Illinois sexual harassment lawyerSexual harassment continues to be on the forefront of American minds. While some progress has been made to address workplace sexual harassment, there are still many industries plagued by sexual harassment. Employees who work in restaurants, hotels, and bars often experience the humiliation that comes with being sexually harassed. Patrons of these establishments may make crude and inappropriate remarks to employees. Perhaps even worse, many employees in the hospitality sector must also put up with this behavior from co-workers or superiors. Because of this, Illinois has proposed a bill that requires mandatory sexual harassment training for restaurant employees. The bill, called the Restaurant Anti-Harassment Act, if passed, will require all Illinois restaurants to provide sexual harassment prevention training to employees.

Requirements Under the Restaurant Anti-Harassment Act

Illinois is just one of many states which have proposed or enacted employee-protectionist legislation in recent years. In February of this year, Illinois Representative Ann M. Williams proposed the Restaurant Anti-Harassment Act in hopes that mandatory harassment prevention training could help mitigate the high incidence of sexual harassment in the restaurant industry. If passed, Illinois restaurant employees must be educated about certain issues related to sexual harassment and how they can help prevent sexual harassment in their own workplace. The topics to be discussed through this training would include:

  • The two types of sexual harassment recognized by law (hostile workplace harassment and quip pro quo harassment);
  • An explanation of what sexual harassment means and the negative effect workplace sexual harassment can have on victims, businesses, and perpetrators;
  • How to differentiate between appropriate and inappropriate conduct at work; and
  • How and when employees should report sexual harassment.

Supervisors and managers would be required to undergo additional training about:

...
Continue reading

Wheaton family law attorneysWhen parents finally reach the realization that they can no longer be happily married, their first concern is often how the divorce will affect their children. Fortunately, research has shown that children of divorced parents can thrive and be just as successful and contented as children with married parents. However, telling children about an impending divorce can be a near-monumental task to undertake. If you and your spouse have children and plan to separate or divorce, telling the children about the split may be a challenging and emotional conversation. However, there are some steps you can take to make the conversation about divorce less traumatic for you and your children.

If Possible, Tell the Kids Together

If you and your spouse are able to do so civilly, telling the children together can help them feel more secure. Presenting a united front in this way helps indicate to your children that although you may not be married to on another anymore, you will still be their parents. Telling the children as a couple also helps the children feel less obligated to pick sides. Of course, telling your kids about the split together is not always possible. Couples with extreme resentment towards each other may struggle to put the children’s needs first during the conversation and may make the situation more emotionally volatile.

Make the Conversation Age Appropriate

If you and your soon-to-be-ex-spouse have several children together, you may be tempted to tell them about the divorce separately. Many experts suggest telling the children all at once instead of individually. Doing this reduces the chances that one child spreads misinformation to the others and adds unnecessary confusion. After the initial group discussion, you may want to follow up with each child independently. When discussing divorce with children under five, experts say that keeping the conversation simplistic and concrete is best. Focus on the vital information: where the child will live and who he or she will live with. School aged children can handle a bit more detail, but parents should be careful not to overshare. Teenaged children may be standoffish when learning about the divorce and act like they do not want to talk about their feelings. However, teens and preteens still need love and attention from parents just as younger children do. Give your teenaged child some time to cool off if he or she gets upset at the news and try to approach the topic later.

...
Continue reading

Recent Blog Posts

Archives

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.

Make a Payment
© 2020 Mirabella, Kincaid, Frederick & Mirabella, LLC | 1737 South Naperville Road, Suite 100, Wheaton, IL 60189 | 630-665-7300
Kane County | Disclaimer Privacy Policy | Resources Sitemap
Take me to top
OVC, INC
Giving Back
Contact Us
Giving Back
Contact Us

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