Recent Blog Posts

Addressing Collectibles and Collections in Your Kane County Divorce

 Posted on May 02,2022 in Main

kane county divorce lawyerCollecting stamps, coins, fine wines, or other collectibles is not just a fun hobby, it can also be extremely lucrative. If you are a collector, you know just how valuable collections can be. Collections are treated the same as any other assets during a divorce. This means that both spouses may have a right to an equitable share of the collection’s value. Valuing and dividing collections and other high-value assets during a divorce can be quite involved. For help, reach out to a divorce lawyer experienced in complex property division issues.

Who Has Ownership Rights of a Collection?

Many collectors spend years or even decades accumulating items. Often, the value of a collection is greater than the value of the objects individually. Not only do collections have monetary value, they also have significant sentimental value to the individual who worked hard to amass them.

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Understanding the Complexities of Same-Sex Sexual Harassment

 Posted on April 22,2022 in Main

dupage county sexual harassmentIf you do a quick Google search for “sexual harassment,” you may notice that the results often assume that the perpetrator of the harassment is a man and the victim is a woman. While it is true that sexual harassment victims are more likely to be women, men can also be sexually harassed. Sexual harassment can happen to anyone of any gender, age, ethnicity, sexuality, or profession. Likewise, sexual harassment perpetrators may be men or women of any demographic.

Unfortunately, the stereotype of a male authority figure harassing a female subordinate has limited our view of sexual harassment in the workplace. Sometimes, this can make it harder for atypical harassment and discrimination victims to come forward and report the harassment. This is especially true of same-sex sexual harassment victims.

Sexual Harassment When The Victim and Perpetrator Are the Same Genders

When a woman is sexually harassed by another woman or a man is sexually harassed by another man, the victim is often hesitant to make a report. They may second guess themselves or wonder if they are overreacting to the situation. Some same-sex harassment victims may also be LGBT individuals who are still “in the closet” or simply want to keep their sexuality private. They worry that reporting the harassment will “out” them to co-workers.

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Your Top Questions About Paternity in Illinois, Answered

 Posted on April 22,2022 in Kane

st. charles divorce lawyerThe legal relationship between a father and his child is called "paternity." In Illinois, paternity can influence everything from child support to adoption. Whether you are a mother, father, grandparent, or another important individual in a child's life, it is important to understand how paternity affects family law issues in Illinois. Read on to learn answers to some of the most common legal questions about paternity.

How is Paternity Established?

Per Illinois law, paternity is assumed in certain cases. If a married woman gives birth, her husband is presumed to be the child's father. The father does not need to do anything else to establish paternity. However, the same is not true for unmarried parents. Unmarried parents may establish paternity through one of three legal avenues:

  • Voluntary Acknowledgement of Paternity (VAP) – The VAP is a document that parents can sign at the hospital where the child is born to voluntarily establish paternity. The document is also available online and at the County Clerks's office.

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I Reported Sexual Harassment and Now My Employer is Punishing Me: Understanding Retaliation

 Posted on April 19,2022 in Main

 b2ap3_thumbnail_shutterstock_563366815.jpgBeing sexually harassed is an incredibly demeaning, embarrassing experience to go through. Whether an individual was the victim of quid pro quo harassment or hostile work environment harassment, the situation likely caused them many sleepless nights. Although it is every worker’s right to be free from discrimination and harassment at work, filing a sexual harassment complaint takes a great deal of courage. Unfortunately, some workers report harassment only to find themselves facing punishment or retaliation from an employer.

If you reported sexual harassment and your employer and/or the person you reported is retaliating against you, you should know that this behavior is unlawful. Retaliation violates state and federal law, and you do not have to tolerate it.

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How are Cryptocurrency, NFTs, and Digital Assets Impacting Illinois Divorce Cases?

 Posted on April 08,2022 in Main

dupage county divorce lawyerDigital currencies have become an increasingly important component of investors’ portfolios. It is estimated that just under four percent of people own cryptocurrency, meaning there are more than 300 million people invested in digital currency across the globe. Cryptocurrency, NFTs, and other non-traditional assets are much harder to value and divide during divorce than other types of assets. Not only is cryptocurrency subject to volatile fluctuations in value over short periods of time, but these assets are also easy to hide from a partner during divorce.

Crypto May Be Used to Hide Assets

Digital currencies are not held in a bank, making them easy to conceal during divorce. Spouses who want to avoid sharing digital assets during their divorce may simply fail to disclose the assets on their financial disclosure form. Often, the best way to find hidden assets is to look for clues in financial documents like tax returns or loan applications. Forensic accounting and asset tracing may be needed to find cryptocurrency and other investments in a divorce.

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How Does a Parent’s Criminal Record Impact Parental Responsibilities?

 Posted on April 06,2022 in Main

dupage county child custody lawyerParents are not perfect. Many parents have made mistakes in their past that they regret, but this does not necessarily make them any less qualified to care for their children. On the other hand, some parents have shown a pattern of criminal behavior that does make it more likely for child abuse or neglect to take place.

Many divorcing and unmarried parents have questions about how a parent’s criminal history can impact child parenting matters. Does having a criminal history automatically prevent a parent from getting parenting time? What if a parent has concerns about their child’s safety with the other parent? There is no one-size-fits-all answer to questions like these. Courts make child-related decisions on a case-by-case basis. However, it is very possible that a parent’s criminal history may impact the court’s decision regarding parental responsibilities and parenting time.

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Alcohol and Workplace Sexual Harassment: Is There a Connection?

 Posted on March 22,2022 in Main

b2ap3_thumbnail_shutterstock_1548723218.jpgHappy hours and other work events involving alcohol are common in many different industries. Holiday parties, retirement parties, and other celebrations are often overflowing with wine, champagne, beer, and liquor. However, many people are starting to question whether serving alcohol at work events is a good idea. Alcohol has been proven to slow down the central nervous system and lower inhibitions. Studies have also shown a direct link between alcohol consumption and sexual risk-taking.

If you were sexually harassed or assaulted at a work event, the perpetrator’s intoxication does not excuse the behavior. Report the harassment according to your company guidelines. If the situation is not rectified, contact a sexual harassment lawyer to discuss your legal options.

Sexual Harassment at Work May Be Fueled by Alcohol

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Five Ways a Prenuptial Agreement Can Benefit DuPage County Couples

 Posted on March 17,2022 in Main

dupage county prenuptial agreement lawyerWhen you are excited about getting married, negotiating a prenuptial or premarital agreement (often called a “prenup”) may be the least romantic thing you could think of. So why are more couples getting prenups now than ever before? Because a well-thought-out prenuptial agreement can help define your financial relationship to each other, providing clarity and peace of mind in the event of a divorce or death down the road—as well as during the marriage itself. Here are five important advantages of signing a premarital agreement:

 1. Keep Control of Your Assets

 When you get married, you are combining your property and finances. During a divorce in Illinois, a court would try to divide these assets equitably and fairly. Without a prenup, the court—not you—would decide what “fair” means. Do you really want to give up that control? Or would you rather determine in advance what would be fair to each of you, avoiding a potentially long and expensive process of identifying, appraising, and dividing complicated assets later on?

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Common Questions About Sexual Harassment, Answered

 Posted on March 15,2022 in Main

b2ap3_thumbnail_shutterstock_233823685.jpgEmployees have certain rights, including the right to be free from harassment and discrimination at work. Despite continued efforts to eradicate harassment and discriminatory practices from American workplaces, sexual harassment continues to be a problem. Every worker should be aware of his or her rights and know the signs of sexual harassment. The greater number of people who stand up against unlawful harassment, the closer we get to eliminating this problem.

What Counts as Sexual Harassment?

Many people ask whether certain behaviors constitute sexual harassment. To be clear, employees should speak up about any behavior that makes them feel uncomfortable. That being said, federal law breaks sexual harassment down into two main categories. Using a position or authority to coerce sexual favors from an employee is called “quid pro quo” sexual harassment. Hostile work environment sexual harassment involves severe or pervasive conduct that creates a hostile, offensive, or intimidating work environment.

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3 Ways to Get Spousal Support in DuPage County, Illinois

 Posted on March 02,2022 in Main

b2ap3_thumbnail_shutterstock_1649654314.jpgSpousal support refers to payments that one spouse makes to the other after a divorce. In Illinois, alimony or spousal support is called “spousal maintenance.” Not all divorce cases involve an order for maintenance. However, maintenance may be available in certain situations. 

Whether you are interested in seeking maintenance payments from your spouse or you suspect that your spouse will petition the court for maintenance, it is important to understand your rights and responsibilities under Illinois law.

Premarital Agreement or Postnuptial Agreement

A prenuptial agreement or postnuptial agreement is a document that describes each spouses’ financial rights and responsibilities in the event of divorce or death of a spouse. Prenups may be used to differentiate marital property from non-marital property, assign spousal maintenance, and more. If you and your spouse have signed a prenuptial agreement allocating spousal maintenance, the court will uphold the agreement unless there are concerns about the legal enforceability of the agreement.

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