Posted on February 10, 2023 in Main

In 2016, Illinois updated the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to better meet the needs of unmarried and divorced couples. The current law altered the language to represent modern parenting styles more accurately. Instead of one parent being the primary custodian and the other parent merely having visitation rights, the law now describes parenting duties as being shared between the parents. Parents who are getting divorced should be sure to understand the new law, as it differs somewhat from laws in surrounding states, both in terminology and function.

The allocation of parental responsibilities is an important part of the IMDMA. Generally speaking, the term parental responsibilities is used to describe important decision-making capabilities, which are divided into four general categories. Visitation is now called parenting time. Parenting time refers to the time that either parent spends caring for and supervising the child.

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 Posted on February 10, 2023 in Main

Victims of sexual harassment are often torn about who to tell and where to go for help. Depending on the details of the harassment, you may not know who in your company you should go to or you may even feel uncomfortable speaking to the person you need to speak to. Furthermore, you may not want the person harassing you to get in serious criminal trouble, even if you are intent on getting the harassment to stop. If any of this sounds familiar to you, speak with an Illinois sexual harassment attorney right away.

Do I Go to the Police About Workplace Sexual Harassment?

As with most legal questions, the answer is, “It depends.” Certain types of sexual harassment rise to the level of criminal assault and require the intervention of the authorities. Rape and other forms of physical and sexual assault, blackmail, trafficking, and other serious forms of sexual crimes certainly warrant police attention and may result in criminal charges being brought against the accused.

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 Posted on January 30, 2023 in Kane

Starting a business and getting it up and running is no small endeavor. It takes an enormous amount of effort, commitment, and consistency to succeed in business ownership, and many different factors exist that constantly threaten the success of a business. Although many business owners are aware of the dangers of competitors, supply chain difficulties, and rising office rental prices, there can also be another source of danger that they do not suspect until it is too late: divorce.

Business assets are generally considered part of the marital estate. Unless your business is specifically protected by a prenuptial or postnuptial agreement, it is fair game in the property division process during divorce. You may be required to compensate your spouse for his or her share of business assets. Your spouse may also be liable for your business's debts. Separating your business from your marital estate can be a very wise tactic and, if you are already married, a postnuptial agreement can help you do this.

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 Posted on January 20, 2023 in Kane

There is arguably no relationship more sacred than the one between a parent and child. For children, solid, loving relationships with their parents are crucial for their healthy development and well-being. Because of this, many states, including Illinois, have placed a specific emphasis on allocating parenting time to both parents of a child, rather than solely to one parent. While it may not always be a 50/50 split, most custody cases involve both parents having parenting time with their children, and it is typically in the child's best interests to spend substantial time with both parents. However, there may be cases in which the court finds that it is necessary to place restrictions on parenting time.

When Are Parenting Time Restrictions Appropriate?

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) specifically states that both of a child's legal parents are presumed to be fit to care for their child, and in the vast majority of cases, the court will not restrict or limit parenting time. When children are involved in a divorce or a parental dispute, the duty of the judge and the court is to ensure the child is being taken care of adequately. If the court finds that the physical, emotional, or mental well-being of the child would be seriously endangered by allowing a parent to exercise parenting time, the judge can restrict parenting time for that parent.

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 Posted on January 20, 2023 in Main

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.

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 Posted on January 12, 2023 in Main

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.

What Kind of Employment Protection Do Chicago Hotel Employees Have?

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 Posted on January 09, 2023 in Main

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.

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 Posted on December 31, 2022 in Main

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.

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 Posted on December 27, 2022 in Kane

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.

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 Posted on December 14, 2022 in Main

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.

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