Posted on July 10, 2023 in Main

The challenge of sexual harassment in the workplace affects employees across various industries. While reporting such misconduct is a crucial step in combating it, victims often face another insidious problem – retaliation. It is important for those who have experienced sexual harassment to understand how to address potential retaliation that may occur after reporting an incident.

Understanding Your Rights

Federal and state laws, including Title VII of the Civil Rights Act and the Illinois Human Rights Act, protect employees from retaliation for reporting sexual harassment. These laws prohibit employers from punishing employees who engage in “protected activities” such as filing a harassment complaint or participating in an investigation.

Recognizing Retaliation

Retaliation can take many forms. It may be blatant, such as demotion, job reassignment, pay cuts, or termination. However, it can also be more subtle, including things such as exclusion from meetings, negative performance reviews, or hostile treatment from supervisors or colleagues. Understanding what constitutes retaliation is the first step in addressing it.

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 Posted on July 10, 2023 in Kane

Understanding how and when paternity can be established is a crucial concern for both mothers and fathers in Illinois. Establishing paternity may be necessary before issues such as child custody, child support, inheritance rights, and medical care can be addressed. When paternity is established, a legal relationship will be created between the parent and child, ensuring that both of a child’s parents can play an important role in their lives.

Presumed Paternity

Paternity is established automatically in specific circumstances under Illinois law. If a couple is married when a child is born, both spouses will be presumed to be the child’s legal parents. If a couple’s marriage ended within 300 days before the child's birth, the ex-husband is presumed to be the legal father. If the requirements for presumption of paternity have not been met, the father will not be considered the child’s legal parent, even if both parents understand that he is the child’s biological father.

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 Posted on July 07, 2023 in Kane

At one time, in order to file for divorce, a spouse was required to cite the reason why they wanted to end their marriage. The reason cited was referred to as "fault." Today, Illinois no longer has this requirement, and all divorces are "no-fault." In a no-fault divorce system, the only accepted grounds for divorce are irreconcilable differences or the breakdown of the marital relationship. This approach represents a significant shift in the way divorce is handled, aiming to simplify the process, reduce conflict, and promote a more amicable separation.

The following is a brief overview of no-fault divorce. For more detailed information about your particular situation, contact our office for legal assistance.

Advantages of No-Fault Divorce

One of the primary advantages of a no-fault divorce is that it eliminates the need to establish fault or assign blame for the end of a marriage. In traditional, fault-based divorce cases, individuals seeking divorce had to prove misconduct, such as adultery, abandonment, or cruelty, to justify the dissolution of the marriage. This often led to a protracted and acrimonious legal battle, exacerbating the emotional and financial strain on both parties. No-fault divorce streamlines the process, allowing couples to focus on resolving practical matters and moving forward with their lives.

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 Posted on June 26, 2023 in Kane

The loss of a job can cause significant difficulties, regardless of your situation. However, if you are a divorced parent who pays child support, a sudden and unexpected loss of income can not only affect you, but it may cause difficulties for your ex-spouse and your children. If you find yourself in a situation where you may be unable to meet your child support obligations, you will need to determine how to proceed. It is important to understand your options for seeking a modification of the amount you will be required to pay. By addressing this issue correctly, you can avoid legal issues such as penalties for non-payment of support, and you can put solutions in place that will allow you and your family to maintain financial stability.

Understanding Your Child Support Obligations in Illinois

A child support order put in place in family court must be followed. Even if you do not have the ability to pay the amount owed, you will be legally obligated to do so until the court issues a new order modifying your obligations. All amounts owed must be paid in full, and if you fall behind on payments, interest will be applied until what is owed is fully paid. Continued non-payment of child support could lead to other penalties. If the court determines that you have wilfully refused to pay the amounts owed, you could be held in contempt of court, which could lead to fines, the suspension of your driver's license, and even imprisonment. Because of these issues, it is crucial to take immediate action to address any issues that could affect your ability to meet your obligations.

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 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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