Posted on October 09,2024 in Family Law

Some of the most critical issues in a divorce involve the allocation of parental responsibilities, formerly known in Illinois as child custody. The parents may share parental responsibilities, with the child living more or less equally with both parents, or one parent will be designated as the primary residential parent while the other will have less parenting time. The court will consider a number of factors when determining parental responsibilities.

The overarching theme will always be the best interests of the child. But what happens when children express a clear preference on which parent they want to live with? Does this impact how the judge will determine parental responsibilities? If you find yourself in this situation, it can be hurtful to find that your child does not want to primarily live with you.

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 Posted on October 09,2024 in Sexual Harassment

Most women will almost certainly find it disheartening to know that the 10th Annual Women in the Workplace report found sexual harassment in the workplace is just as common for women today as it was five years ago. Despite the fact that women in the United States now constitut half the labor market and almost six in 10 college graduates, many women still face sexual harassment in the workplace.

Despite the #MeToo movement to improve the workplace for women, significant challenges remain. Sexual harassment remains commonplace in companies across America, with a staggering 40 percent of working women experiencing some form of sexual harassment. Currently, women under 30 are just as likely to experience sexual harassment in the workplace as those over the age of 30, and only about half of the women surveyed expressed confidence that an employer would take steps to deal with the sexual harassment.  

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 Posted on October 09,2024 in Family Law

If you are receiving court-ordered spousal maintenance from your ex – or are in the middle of divorce proceedings and expect to receive spousal support – when you hear that they are filing for bankruptcy, it can be alarming, to say the least. You may wonder whether your ex will be required to continue to pay your spousal support payments even though they are filing for bankruptcy.

How could the bankruptcy affect child support or even the division of assets if your divorce is ongoing? The timing of the bankruptcy will have some bearing on the level of financial impact you could be dealing with. It will also be helpful to contact a knowledgeable Wheaton, IL spousal maintenance attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC to discuss the specifics of your situation.

If I Am Still Married, Does My Spouse Need My Cooperation to File for Bankruptcy?

Suppose you have just filed for divorce. In response, your spouse immediately files for bankruptcy. How will this affect a potential order for spousal support, child support, and the division of marital assets? Your spouse does not need your cooperation to file for bankruptcy. This means that while issues regarding child support and the allocation of parental responsibilities will not be affected by the bankruptcy, the division of marital assets and spousal support could be.  

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 Posted on September 26,2024 in Sexual Harassment

Recently in the news, a female state senator on the West Coast allegedly forced a former staffer/aide to perform sexual favors for her while she was his boss. The staffer is now claiming that this "relationship" left him suffering from back and hip injuries. The married aide claims he was pressured into sex acts while he traveled with the senator over a period of years and felt compelled to comply to protect his job.

The aide further alleges that he suffered a debilitating back injury after performing a sex act on the senator in a car, leaving him with a collapsed hip and three herniated discs. After using his injury to reject further advances, the aide claims the senator retaliated, sending him a disciplinary letter that included allegations of inappropriate behavior. Although both parties’ allegations, if true, clearly involve sexual harassment, could the injuries that resulted from the alleged harassment also be compensated under Illinois workers’ compensation?

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 Posted on September 26,2024 in Divorce

A Stanford study found that about 70 percent of divorces are initiated by women. This does not necessarily mean that the wife is the first to file for divorce but rather that the wife is the first to bring up the idea of divorce. Decades ago, it was considered chivalrous for a husband to let his wife file for divorce, ostensibly to keep her from being embarrassed because her husband wanted a divorce. While social norms have changed to some extent over the years, there can still be benefits in being the spouse to file first.  

It may seem odd to talk about one spouse having an "advantage" over the other in a complex issue like divorce. Unfortunately, divorce can be antagonistic and fraught with landmines, and in some cases, getting the upper hand quickly can save you emotional and financial stress. Which spouse files for divorce first may seem unimportant, but there are a few crucial perks that the spouse who files first could receive. Discussing your questions about whether you should file for divorce first with an experienced St. Charles, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be extremely beneficial.  

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 Posted on September 26,2024 in Divorce

In long and particularly contentious divorces, a spouse who is entitled to an equitable portion of the other spouse’s retirement may be so tired of the asset division arguments and so ready to have the divorce over and done that he or she may choose to walk away from a share of the retirement fund. This is virtually always a mistake. For most average couples, the marital home and the retirement accounts of either or both spouses are the most valuable assets.

It is important to think about the future and what your finances will look like down the road before you give up an important marital asset. Especially if you are in your 50s or 60s, you may not have as much time to work and build up your own retirement fund. If you have any questions regarding what your share of your spouse’s retirement fund may be, discuss the issue with your Wheaton, IL asset division lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.  

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 Posted on September 15,2024 in Divorce

In some cases, a parent is looking for any reason to have the court give him or her primary custody (parenting time and decision-making authority) while the other parent receives visitation (known as parenting time in Illinois). Custody decisions can get contentious and messy, and it can take months for a judge to make a final decision. Parents have even been known to use underhanded tricks, so they will be considered the better parent by the court. One parent bad-mouthing the other to the children is so common it even has a name - parental alienation.

One parent may magnify the smallest issue to gain an advantage in the custody decision. This can include a parent’s illness, among other reasons. On the flip side, a parent who has recently been diagnosed with cancer or another serious medical issue may recognize they are not able right now to be an effective parent. This could result in the other parent being given primary custody, at least for the time being. For parents whose spouse is using an illness to gain primary custody, experienced legal assistance is vital. A Wheaton, IL child custody attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC is ready to fight for you, your child, and your rights.

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 Posted on September 15,2024 in Family Law

If you had to deal with domestic abuse during your marriage or during your divorce, you may be anxious about whether your ex can get parenting time with your children. Domestic violence impacts thousands of Illinois families each year, and no one would dispute that domestic violence is not healthy for childhood development. Illinois courts do pay special attention to claims of domestic violence when deciding child related issues, but unless the abused spouse filed police reports and shared the abuse with friends or family members, it can be difficult to prove.

Since the courts always work toward an allocation of parental responsibilities that reflect the best interests of the child, they will not choose to put a child with a domestic abuser. However, it can be a complex issue. If you are facing a spouse who abused you during your marriage and perhaps even abused your children, you must speak to a knowledgeable St. Charles, IL child custody lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.

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 Posted on September 15,2024 in Sexual Harassment

Thirty-eight percent of all women and 14 percent of all men have reported experiencing sexual harassment in the workplace. However, more than three-quarters (78.2 percent) of all sexual harassment workplace claims are filed by women. Although most of us are aware of the prevalence of sexual harassment in the workplace, we may not think about such behaviors occurring during a job interview.

Unfortunately, sexual harassment during a job interview is more common than you might think. Interviewing for your dream job can be both exciting and anxiety-inducing. While you may have stressed over what to wear and fussed over your resume, you probably did not expect to be faced with sexual harassment during your interview.

There are two types of sexual harassment - quid pro quo and a hostile work environment. Quid pro quo occurs when you are offered something (a job, promotion, raise) in return for sexual favors and is the type most likely to occur at a job interview. If you experience sexual harassment during your interview, the way you handle the situation can determine whether you will be able to sue for damages. Perhaps the most difficult part of building a case will be offering proof of the sexual harassment.

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 Posted on August 31,2024 in Divorce

Divorce issues, including spousal support, are usually complex and emotional. When you add a non-citizen spouse into the mix, the complexities can grow exponentially. Green card holders are immigrants to America who have permanent residence status rather than full American citizenship. This status is usually obtained through marriage to a U.S. citizen.

Few U.S. citizens who marry a non-citizen fully understand the long-term implications of signing a USCIS Form I-864, also known as an Affidavit of Support. Once signed, the I-864 form creates a sponsor obligation that requires the U.S. citizen to annually support the immigrant at an amount equal to 125 percent of the U.S. Poverty Guidelines.

The sponsor/spouse must continue to support the non-citizen spouse until he or she becomes a U.S. citizen, permanently leaves the United States, earns 40 work quarters (10 years) credited to Social Security, or dies. You may have noticed that divorce is not on the list. So, does this mean that when a U.S. Citizen divorces a spouse who has permanent residence status, the immigrant spouse will have to be supported…forever?

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