Posted on June 20,2023 in Main

There is no question that divorce can be very challenging. However, the divorce process can be especially difficult for parents who will need to make major changes in their lives, address financial concerns, and protect the interests of their children, all while dealing with the strong emotions that come with the end of a marriage. One of the most crucial aspects of any divorce involving children is a parenting plan. This is a legal document that outlines the ways in which parents will share parental responsibilities and address child-related concerns after their marriage has ended. For Illinois parents who are going through the divorce process, it is essential to understand what will be included in their parenting plan.

Required Elements of a Parenting Plan

Within 120 days after a divorce or child custody case begins, parents are required to submit a proposed parenting plan to the court. In most cases, parents will negotiate with each other to create an agreed parenting plan, and after this plan is submitted, it will be reviewed by a judge. If the judge determines that the plan provides for the best interests of the couple's children, the plan will be approved. However, if parents encounter disputes about the terms of their parenting agreement, they may each prepare and submit a plan that details how they believe different issues should be addressed. A hearing or trial may then be held to determine how the differences between the two plans will be resolved.

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 Posted on June 12,2023 in Main

Income, real estate, vehicles, and most other assets a spouse acquires during a marriage are included in the marital estate. During an Illinois divorce, the spouses will need to divide this marital property. The asset division process may involve deciding who will keep the marital home, determining how to divide bank account balances and retirement funds, splitting up personal possessions, and more.

Conflict and disagreements during the property division process are common. In this blog, we discuss the basics of property division in Illinois and the options divorcing couples have when resolving property division conflicts.

Negotiated Property Division Settlements

Although many people assume that the court always makes decisions about how to divide property in a divorce, most divorcing couples are able to negotiate a settlement. If the spouses are able to communicate effectively and negotiate in good faith, they may usually work out an arrangement regarding property division.

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 Posted on June 12,2023 in Main

State and federal law prohibits sexual harassment of employees. Unwanted sexual or romantic advances, explicit conversations, derogatory remarks, and discrimination against an employee on the basis of gender are just some of the ways in which sexual harassment can manifest itself in the workplace. If you have been sexually harassed at work, it’s important to protect your rights and take action. Here are some steps you can take:

Document Everything That Was Said and Done

Keep a written log of any instances of harassment and note dates, times, locations, witnesses, and details of what was said or done. Make sure to save any emails, letters, voicemails, or other evidence that is relevant to the harassment.

Report the Harassment

Don’t be afraid to speak up if you have been sexually harassed at work. Make sure to report the harassment in writing, via e-mail,  to your supervisor, human resources department, or other designated representative. In some cases, you may be required to fill out a formal complaint form or incident report. Check your employee handbook for instructions on how to report sexual harassment or discrimination at your workplace, and always keep a copy of the report.

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 Posted on May 30,2023 in Main

Most television shows and movies would have you believe that divorce cases always involve a courtroom trial. In reality, divorce cases rarely make it to trial. It is certainly possible that a divorce case is resolved through a trial, but much more often, the spouses are able to negotiate a settlement.

Sometimes, the spouses are able to reach a settlement through mediation or by simply discussing the relevant divorce issues. In contested cases, a settlement is often reached through the spouses’ respective attorneys. The end result of a successful settlement negotiation is a Marital Settlement Agreement outlining the determinations regarding property division, child support, spousal support and child custody.

Marital Settlement Agreements in Illinois

Reaching a settlement is highly preferred over going to trial. Divorce trials are expensive, stressful, and public. Most people want to avoid divulging personal or financial information to the general public. Furthermore, by their very nature, trials are adversarial. This can be especially problematic if the divorcing spouses share children and will need to continue being involved in each other 's lives. Negotiating a settlement during a divorce case is not easy, but with the right legal support, it is possible in most cases.

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 Posted on May 18,2023 in Kane

The term “parental rights” can be confusing. Many parents assume that their parental rights are automatically granted to them when they have a child. While this is somewhat true, it is important to understand how and when parents’ legal rights are granted or revoked under Illinois law.

How Do Parents Gain Parental Rights?

Mothers are considered the legal parent of a child when they give birth. Fathers can gain parental rights by establishing paternity. Paternity is assumed for married parents, meaning the husband of a woman who gives birth to a new baby is automatically considered the child’s legal parent. Signing a document called a Voluntary Acknowledgment of Paternity (VAP) is the most popular method of establishing paternity when unmarried parents both agree on who the child’s father is.

Parents can also establish paternity through an administrative process with the Department of Child and Family Services or a judicial process with the court.

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 Posted on May 18,2023 in Main

Sexual harassment victims have the right to take legal action against an employer who failed to prevent or address sexual harassment. If you have been subjected to sexual harassment at work, you have the burden of proof to show that the facts that you are alleging in a sexual harassment case are true. Courts will pay close attention to the evidence that backs your claim. You can help your case when you have documentation that helps prove your allegations against the employer. Here are three ways that you can document a sexual harassment claim.

Keep a Journal While the Conduct Is Happening

You may be pressed on your memory of what happened if you need to sit for a deposition or testify at a trial in the future. You can help your case when you write down the conduct as soon as possible after it happens. Contemporaneous evidence could be considered more credible. Your journal entries should include things like the following:

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 Posted on May 12,2023 in Main

 Divorce can stir up a wide range of emotions, including anger, resentment, and betrayal. Some divorcing spouses take out their anger on the other spouse by intentionally wasting or destroying marital property in an act of revenge. For example, a spouse infuriated at the thought of divorce may throw the other spouse’s personal property in the trash, drain the joint checking account at the casino, or spend thousands of dollars on luxury items.

If you are getting divorced and your spouse has wasted marital assets or funds, It is important to be aware of your legal options. In this blog, we will discuss the types of wasteful spending that constitute dissipation of assets and how a dissipation of assets claim can help you recoup the value of wasted, destroyed, or lost assets.

What is a Dissipation of Assets Claim?

A dissipation of assets claim addresses reckless spending or intentional destruction of marital property during the divorce process. If a spouse is found to have dissipated assets, the court will consider this dissipation when dividing marital property. The spouse who dissipated assets may receive a proportionately lesser share of the marital estate, while the spouse who did not dissipate receives a greater share of the remaining marital estate.

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 Posted on May 08,2023 in Main

By now, most people know that sexual harassment or discrimination against an employee on the basis of sex or gender is unlawful. However, less is known about the laws regarding retaliation.

An employer is prohibited from retaliating against an individual who makes a sexual harassment complaint. For example, if an employee files a sexual harassment complaint with human resources and then finds that his or her work hours have been drastically cut, the employee may be able to sue for retaliation. The employee may be entitled to monetary damages or other legal remedies.

However, the law does not stop there. Individuals are also protected against retaliation for participating in a sexual harassment investigation. For example, consider an employee who witnesses a supervisor touching a colleague inappropriately and later testifies about what he saw during a sexual harassment investigation. This employee is also protected against retaliation.

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 Posted on May 08,2023 in Main

 Divorce officially and permanently ends a marriage. However, divorcing spouses may still be involved in each other 's lives, and there may be times when they need to return to court to modify part of their divorce decree. For example, parents who experience life changes such as remarriage, relocation, or a new job may need to modify the allocation of parental responsibilities or parenting time. Similarly, a significant change in financial circumstances may warrant modifying the child support or spousal support order.

Under the right circumstances, these types of issues may be modified after the divorce is finalized. However, modifying the distribution of marital property after the divorce is finalized is a much different issue. In this blog, we will discuss the limited circumstances in which property division may be modified after a divorce.

Changing Property Division After a Divorce

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 Posted on April 30,2023 in Kane

In Illinois child custody cases, a guardian ad litem (GAL) may be appointed to represent the child and their best interests. A GAL is typically an attorney who is placed by the court to investigate and make recommendations regarding custody, visitation, and other issues related to the child’s welfare.

Understanding the role of GAL in Illinois child custody cases is essential for parents who are going through a divorce or custody dispute.

What is a GAL?

A GAL is a person the court appoints to represent the child’s best interests in a custody case. The GAL is not a party to the case but rather an independent third party that is directed to investigate and make recommendations regarding what is best for the child.

What is the Duty of a GAL?

The role of a GAL is to gather information about the child’s living situation, relationships with each parent, and any other relevant factors that may impact the child’s welfare.

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