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Recent Blog Posts
What Can I Do if I Think My Ex is Making False Allegations of Paternity?
Modern relationships are often complicated, especially when they come to an end. In times past, people rarely got divorced or had children out of wedlock, and when they did, there was a hefty amount of social stigma attached to their actions. Thankfully, we have moved past the era where people, especially women, were severely restricted in their actions and family law systems across the country have been updated to reflect a more accurate reality.
In Illinois, family law no longer automatically gives preference to the mother in matters like child custody (known as parental responsibilities and parenting time). However, Illinois law about paternity still has facets that are somewhat traditional, including a law that states that if a couple is or was recently married, the husband is presumed to be the legal father of a child, even if the couple gets divorced before that child is born. While for most married couples this is not an issue, for those women who have had to get divorced, dealing with a man who insists he is the father of a child when he is not can be a major problem. If your ex is claiming to be the father of your child, you may need to fight those claims in court with the help of an Illinois family lawyer.
Cook County Hotel Employees Are Guaranteed Employment Rights Under Illinois Law
United States employees in every field have protections that guarantee fair treatment under the law. Some of these laws, such as nondiscrimination laws and sexual harassment protection laws, are federal. Others, such as minimum wage laws, vary from state to state. Illinois has a specific statute that protects hotel room attendants. Hotel workers are not only at risk of harassment and abuse from hotel patrons, but also poor working conditions, especially when they speak limited English or do not have a thorough knowledge of their legal rights.
Fortunately, if you work at a hotel, motel, or another licensed establishment for temporary occupancy as a room attendant, you do not have to fight to protect your rights by yourself. With the help of an Illinois employment discrimination attorney, you can trust that your rights are respected and protected.
Can I Try to Establish Paternity if My Child is Already Several Years Old?
Unexpectedly finding out that you are a father of a young child can be one of the greatest shocks a person ever goes through. Perhaps you heard something through the rumor mill about an ex-girlfriend; perhaps a picture appeared on social media of an ex with a young child who looks remarkably like you did when you were younger. Whatever the circumstances, if you find yourself wondering whether it is too late to establish paternity of a child, you should learn more about your options from an Illinois paternity lawyer.
How is Paternity Established in Illinois?
In most cases, parents establish paternity either by being married at the time of the child’s conception or birth, or by signing a Voluntary Acknowledgment of Paternity (VAP) form at the hospital when the child is born. However, if you just found out that you may be the father of a child, you will need to petition a court to establish paternity. This will involve submitting a DNA sample so a laboratory can compare it to the DNA of the child. Once a match has been established, you can begin petitioning the court for things like parenting time so you can get to know your child. You will also be required to financially provide support for your child.
Workplace Sexual Harassment Leads to Illinois Prison Employees Being Fired
Several high-ranking supervisors and co-workers of a man who was sexually harassed by a prisoner made the news when, instead of helping their co-worker handle the incident appropriately, they decided to harass him further. Making matters worse, this took place in an Illinois correctional center, making a government agency responsible for providing an appropriate response to the sexual harassment. Several people were fired when the incident came to light, and further stories of sexual harassment in the Illinois prison system have now also come out.
The kind of behavior in this particular incident - inappropriate “pranks” and other jokes laden with sexual innuendo - can make going to work miserable, especially in an environment that can be challenging already, such as a prison or other dangerous or high-pressure work environment. If you are suffering from sexual harassment at work, know that you have options. Contact a DuPage County sexual harassment attorney now.
Ten Common Ways Assets Are Hidden During Divorce
Dividing property during a divorce is rarely a simple or pleasant process, but when one spouse lacks the ability to be honest about finances, the process of dividing the marital estate can become a real headache. Unfortunately, these kinds of high-conflict divorces happen all the time, and for the spouse who is left trying to deal with unscrupulous financial behavior, it may be tempting to get the divorce over as quickly as possible just so he or she can stop dealing with their partner.
But rushing through a divorce when one spouse is trying to manipulate money matters can be a major mistake. If your spouse has ever shown an inclination to lie, cheat, or steal financially, you should be on your guard that he or she may try to do the same to you in your divorce. It is important to listen to your gut feeling; if you know or suspect your spouse is hiding assets, you need to get help from an Illinois divorce attorney who knows how to find those assets and protect your financial future.
Visitation in a DuPage County Divorce
In previous decades, legal childcare arrangements often favored the mother after a couple’s divorce. A father’s time with his children was relegated to weekends and holidays, and sometimes not even that. Because of this skewed historical trend, many people are surprised to find that child custody laws in many states have been updated to reflect modern family trends.
In Illinois, child custody has been divided into two important areas: Allocation of parental responsibilities (also known as “custody”) and parenting time (also known as “visitation”). Together, these two elements make up what is known as a “parenting plan.” If you are getting divorced, you likely have many questions about how parenting time is managed in Illinois. In this blog, we will do a deep dive into parenting plan arrangements and encourage you to contact an Illinois family lawyer for help with your case.
How Does a Sexual Harassment Lawsuit Work?
As anyone who has experienced it can testify, sexual harassment at work can make life miserable. In addition to the harassment itself, victims of such behavior often face an uphill battle to get their concerns taken seriously.
Clearly, when it comes to sexual harassment, the stakes are high. People who suffer from sexual harassment at work may be reluctant to take legal action against their employer, but doing so may be the only way to make the harassment stop or to take a stand against employers and coworkers engaging in such terrible behavior in the future. Concerns about the process of a sexual harassment lawsuit may also be intimidating for some people. At MKFM Law, we are here to answer your questions and to make sure you get the help you need. For an overview of how sexual harassment lawsuits work, read on and then contact one of our experienced attorneys for help with your case.
The Basics of Asset Division in Illinois Divorces
Asset division is one of the major issues that must be addressed in any Illinois divorce. Whether a couple already agrees how they will divide their marital property, or anticipate having to go through a long, drawn-out court battle to reach a settlement, the question of finances must be resolved before the divorce can be finalized.
Because asset division laws vary from state to state and the process of asset division is often dramatized or oversimplified in pop culture, misunderstandings about the process are common. Couples looking to get divorced in Illinois are often surprised by how much they do not know. In this blog, we will dive into common facts about asset division in Illinois, but be sure to contact a divorce attorney for answers to your fact specific questions.
Equitable v. Equal
Some states require divorcing spouses to divide their marital estate equally - that is, with both parties receiving equal shares of whatever property, investments, and cash were earned during the marriage. Illinois, however, requires divorcing spouses to divide their estate equitably. This means that couples will need to take into account each partner’s financial and non-financial contributions to the marriage, as well as each partner’s legitimate needs following the divorce.
High Net Worth Couples in Illinois Face Unique Challenges
While divorce is rarely a simple process, for couples who have a high net worth or ultra high net worth, it can be even more complicated. People often feel as though more money should reduce their problems, and yet this is rarely the case - especially if you have a spouse who intends to fight you over every penny. Furthermore, high-net-worth divorce cases often involve couples with at least one spouse who is in the public eye. If you are considering divorce, but are worried about the implications it could have for your reputation, estate, and children, having the help of an Illinois divorce lawyer with experience managing complex divorces with valuable family estates can make all the difference. Here are four potential problems your attorney will help you look out for during your divorce.
Estimating Property Value
Can I Care For My Kids if My Ex-Spouse is Unavailable During Parenting Time?
Parents who are divorced, separated, or never married often struggle with the limited time they get to spend with their kids. Missed holidays and big chunks of summer vacations can be tough, but so can the basic, everyday interactions that parents miss out on when their children are with their other parent.
Illinois allows parents to potentially resolve this issue by putting a creative section in their parenting plan called “the right of first refusal.” If you and your spouse get along fairly well and you are hoping to spend more time with your children, read on to find out how having this clause could benefit you.
Right of First Refusal and Illinois Parenting Plans
The right of first refusal is a legal term that simply describes an arrangement wherein parents seek supplemental childcare from each other before they hire a babysitter or ask a family member. Parents who want the right of first refusal can make the clause as flexible as they want; if they live close to each other and can engage in frequent childcare transactions without conflict, they may want to require the right of first refusal every time a parent has to leave the children for more than a few hours. Parents who live several hours from each other or across the border in another state may only want to include the right of first refusal when a parent is gone overnight. Whatever the arrangement may be, as long as parents both agree to abide by the terms, a judge will likely approve it.