Posted on September 30,2022 in Main

Despite increased cultural awareness of the potential power imbalance inherent in certain workplace relationships, people continue to meet, date, and eventually marry romantic partners at work. The constant close proximity with colleagues, in addition to the challenges people often tackle at work together, create an easy opportunity for close personal relationships to develop

Although these relationships may start consensually and may not violate any workplace agreements or codes of conduct, when they end, the awkwardness and unpleasantness of a personal breakup often carry over into the workplace. Unfortunately, one former partner may continue to act in a sexually aggressive way or make unwanted advances at work. If you are the target of this type of sexual harassment, it is important to know that you are still a victim of unethical behavior that may rise to the level of illegality. Your employer may be responsible for taking action

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 Posted on September 30,2022 in Kane

Government policy is rarely straightforward, but changes in the law can make it even harder to analyze. Such is the case with Social Security benefits after divorce, the rules around which may change depending on when you were born. Fortunately, however, with the help of a knowledgeable Illinois divorce attorney, you can learn everything you need to know about your Social Security benefits after divorce and how you can negotiate a fair divorce settlement that minimizes the impact of divorce on your retirement plans.

Do I Lose Social Security Benefits if I Get Divorced? 

Although privately owned property like pension accounts and 401(k)s are divisible as marital property in a divorce, government Social Security benefits are not. Even if your spouse depends on your benefits for their own, your benefit payments will not be affected. Rest easy knowing that this portion of your retirement plan is untouched by divorce.

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 Posted on September 27,2022 in Main

Couples (or one individual partner) often consider divorce long before they actually discuss it or begin the process of finding attorneys and filing for divorce. Being unprepared for a divorce can cause major disruptions in a family’s life, and there are many things to consider carefully before officially getting started. 

One obstacle that often results in a delay between wanting to get a divorce and actually filing for one is when couples cannot afford to live independently of each other. With home prices and rents rising astronomically over the last year, a couple may feel trapped in their current living situation but also feel as though there are no other options. If this situation sounds familiar to you, you may be surprised to learn that you can actually get divorced even if you are still living in the same house throughout your divorce process and even after the divorce is finalized. 

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 Posted on September 26,2022 in Main

In an effort to address widespread complaints about significant rates of sexual harassment in Illinois restaurants, Governor J.B. Pritzker signed a bill into law in 2019 requiring restaurants to provide sexual harassment prevention training to employees. However, even though most restaurants are meeting their legal training requirements, sexual harassment continues unabated at many institutions. 

Restaurants can be particularly difficult workplaces to manage cases of sexual harassment because the atmosphere is often hectic, casual, and friendly. Coworkers frequently date each other and outgoing, flirtatious personalities tend to be drawn to customer-facing roles where tips can be significant. Nevertheless, unwanted sexual attention is something no one should have to deal with at work, and it is possible to draw clear lines between appropriate and inappropriate behavior. If you work at an Illinois restaurant and need help dealing with sexual harassment at work, contact an experienced sexual harassment attorney. 

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 Posted on September 14,2022 in Main

Parents of minor children who are getting divorced in Illinois have so many things they need to take care of before the final divorce verdict is handed down. In addition to issues of property division, spousal support, and child support, they must create a workable parenting plan and make significant adjustments in their living arrangements. It is no wonder that in the chaos and difficulty of making sure the children are well cared for and adjusted that sometimes little details slip by unnoticed. 

One area that many divorced parents might leave unaddressed is whether one specific parent has the right to claim their children as a tax dependent on their tax returns in the future. While this may seem like a minor detail, it can have significant financial implications and, if done incorrectly, may have legal implications as well. Read on to learn about how you can resolve this important issue. 

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 Posted on September 09,2022 in Kane

Divorce is fraught with complex issues that must be addressed, and perhaps none more so than the issue of marital asset division. Once an Illinois couple’s relationship has irretrievably broken down, neither spouse rarely looks out for the other spouse’s well-being. Financial negotiations must be undertaken that are fundamentally zero-sum in nature; what one spouse gets in a divorce, the other spouse must necessarily lose. 

It is natural, therefore, for there to be an element of self-preservation in the asset division process. Spouses who are high-income earners are perhaps especially wary of being taken advantage of or losing hard-earned income. When it comes to commissions, bonuses, and other rewards for employee performance, individuals may be wondering whether they get to keep the fruits of their labor or if they must divide it with their spouse. 

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 Posted on August 30,2022 in Main

Most people who choose to end their marriage want to mitigate the hostility, stress, and contention of the divorce process as much as possible. However, they also want to ensure that they will receive the best possible outcome. For many, resolving the divorce through collaborative law is the answer.

 An Illinois collaborative divorce is a type of dissolution of marriage that allows couples to end their marriage through negotiation and agreement rather than through litigation. In a collaborative divorce, the parties work with their respective attorneys to reach an agreement on all aspects of their divorce, including child-related issues, property division, and spousal support. Once an agreement is reached, the parties submit the agreement to the court for approval.

 Participation Agreements Are at the Heart of the Collaborative Divorce Process

One of the key aspects of a collaborative divorce is the participation agreement. The participation agreement is a contract between the spouses, their attorneys, and any other participants that outlines the terms of the divorce process. 

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 Posted on August 30,2022 in Kane

There are many reasons that a parent might want to establish paternity. Maybe the child's natural father is not involved in his or her life, and the parent wants to ensure that he has a legal relationship with his child. Or, the child may be entitled to certain benefits, like insurance or inheritance, that can only be accessed if paternity is legally established. Establishing paternity is also a prerequisite to requesting child support.

Paternity Benefits in Illinois

Whatever the reason, there are a few things that happen when a parent establishes paternity. First, both the child and the father will have a legal relationship with each other. This means that the father will have all of the rights and responsibilities of a parent, including financial responsibility for the child. The father gains the right to petition the court for parental responsibilities and parenting time. Parental responsibilities include making important decisions about the child's welfare, like where they will live, what type of education they will receive, and what their medical care will be. Parenting time is the time that the father spends with the child. This was previously called "visitation" in Illinois.

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 Posted on August 26,2022 in Main

Federal law defines a hostile work environment as one in which behavior is severe or pervasive enough to create an environment that a reasonable person would find to be hostile. Anything from constantly being asked on a date to unwanted physical contact may lead to a hostile work environment.

Sexual harassment is something no one should tolerate. This blog will explain some common manifestations of hostile work environment harassment and what you can do if you believe you have been a victim.

Examples of Hostile Work Environment Harassment

There are a few things to consider when determining whether or not your workplace is a hostile work environment. The first is whether the behavior in question is unwelcome. If you have made it clear to the person engaging in the behavior that it is unwelcome, and they continue to do it anyway, that is a good indicator that the environment may be hostile.

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 Posted on August 25,2022 in Kane

Married couples entangle their lives romantically, legally, and financially. Ending a marriage is not as simple as deciding you no longer want to be married. There are seemingly countless issues to contend with. For many people, one of the greatest impediments to getting divorced is their living situation. With record-high inflation and skyrocketing housing costs, many people are unable to afford to move out of a shared home. If you want a divorce but you and your spouse cannot afford separate homes, you may worry that this will hinder the divorce process.

Divorce Grounds in Illinois

Fortunately, spouses are not required to separate before they can get divorced in Illinois. Currently, there is only one ground, or legal justification, for divorce in Illinois: irreconcilable differences. Illinois eliminated fault-based grounds such as adultery and physical abuse in 2016. The requirement that spouses live apart before filing for divorce has also been eliminated.

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