Posted on February 10, 2025 in Divorce

In our DIY world, the do-it-yourself approach to divorce can be appealing, largely due to monetary savings as well as the perception that a DIY divorce is much simpler. Unfortunately, many things can go wrong during a divorce. Often, divorces that start out as uncontested can quickly turn hotly contested. Even when there is no personal dislike between spouses, the process of divorce can be legally complex, financially burdensome, and emotionally difficult.

A do-it-yourself divorce is very different from painting your living room wall or repairing your own dishwasher. DIY divorces can have long-term, adverse consequences that can financially cripple one spouse, end up in an unfair allocation of parental responsibilities, or result in an unfair division of marital assets and loss of support. If you are unaccustomed to navigating the law, it is virtually always better to hire a knowledgeable Illinois family law attorney who has experience in all aspects of divorce.  

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 Posted on February 10, 2025 in Divorce

An Illinois ex-spouse who is paying spousal maintenance can rightfully be resentful when the receiving spouse is cohabitating with another person. In fact, barring a divorce agreement that states otherwise, spousal support terminates when either party dies, the receiving party remarries, or if a cohabitation relationship by the receiving spouse can be proven. Under Illinois law, a de facto marital relationship (one that is not officially sanctioned) is treated no differently than a de jure (officially sanctioned) marriage.

But what if your ex is receiving spousal maintenance and is, for all practical purposes, living with another person – but denies that fact so he or she can continue receiving spousal maintenance? This is a situation that can benefit greatly from the assistance of an Illinois family law attorney who can help you prove your ex is cohabitating and should not continue receiving spousal maintenance.

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 Posted on January 24, 2025 in Family Law

If you are in the middle of a custody fight with your spouse during your divorce, a judge may appoint a parenting coordinator. A parenting coordinator is a third party whose job is to resolve parenting conflicts outside of the courtroom.

The appointment of a parenting coordinator is not meant to punish parents. The purpose is to educate parents in problem-solving and disagreement resolution and to make decisions on their behalf when they cannot or will not make them on their own.

Parenting coordinators are meant to keep the court from getting bogged down with parental disputes. Whether you and your spouse have a parenting plan and have determined the allocation of parental responsibilities and parenting time or are just starting the process, if you have questions your Illinois family law attorney can help.  

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 Posted on January 24, 2025 in Family Law

Under Illinois's equitable distribution laws, marital assets are to be divided fairly, although not necessarily equally. If a couple is unable to divide marital assets on their own, a judge will consider many factors and make a fair division of those assets.

While it is neither legal nor ethical, one spouse often attempts to hide marital assets in an attempt to avoid splitting them with his or her spouse. If you believe your spouse is hiding assets, it is essential that you share your beliefs with your Wheaton, IL divorce lawyer.

How Are Assets Hidden By One Spouse During a Divorce?

A spouse who refuses to present a full picture of his or her finances is not only breaking the law, but financially harming the other spouse. Ideally, both spouses should always have a full picture of their marital finances so they will know when assets are being hidden.

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 Posted on January 24, 2025 in Sexual Harassment

Most of us are more familiar with sexual harassment in the workplace coming from a co-worker or a boss. In many instances, sexual harassment in the workplace is from clients or customers of the business. This is more common among those in the hospitality industry, but it can also occur in many other industries.

A salesperson could be sexually harassed by a client, a grocery store cashier could be inappropriately touched by a customer, or a nurse could have a patient who constantly makes sexually inappropriate jokes. Sexual harassment by customers, clients, and patients occurs more often than most people would think.

Those who suffer the sexual harassment may be unsure whether their employer can be held liable in these instances. If you have been sexually harassed by a client, customer, or patient, it is important that you speak to an experienced Wheaton, IL sexual harassment lawyer as soon as possible after the incident.  

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 Posted on January 09, 2025 in Sexual Harassment

In 2022, Illinois added several laws that further protected individuals who experience sexual harassment in the workplace. Unfortunately, sexual harassment is still far more prevalent than it should be. Almost 38 percent of women report experiencing sexual harassment at work, with as many as 80 percent of women in the restaurant industry.

Half of all women in the United States know someone who has quit or been fired from a job because of sexual harassment. More than 27 percent of all workplace harassment charges filed with the EEOC are for sexual harassment, which suggests there is still plenty of room for improvement in preventing sexual harassment in Illinois. If you are the victim of sexual harassment in the workplace, you need a highly skilled Wheaton, IL sexual harassment attorney.  

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 Posted on January 09, 2025 in Family Law

Illinois lawmakers have been introducing bills each year that would give divorcing parents equal parenting time (formerly known as "visitation"), starting in 2018 and continuing through 2023. So far, bills asking for equal parenting time splits have been defeated each year despite some strong-arm tactics by promoters. The National Parents Organization has thrown its full support behind these bills, while the Illinois Chapter of the American Academy of Matrimonial Lawyers has consistently pointed out the potential problems.

If one of these bills were to pass, the Illinois provision that states "Nothing in this Act requires that each parent be allocated decision-making responsibilities" would be removed. If you are in the middle of a divorce that includes child custody (known in Illinois as "parental responsibilities"), a bill like this could potentially affect you. Speaking to a knowledgeable St. Charles, IL parenting time lawyer can be beneficial.  

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 Posted on January 09, 2025 in Family Law

Many parents struggle to ensure their children have safe, affordable daycare options. Other parents face family law issues, including divorce, spousal support, the division of marital assets, parenting time, and the allocation of parental responsibilities and child support.

The new laws set to take effect in 2025 in the state are meant to make life a little easier for parents. If you have questions about these new laws, or need legal assistance with any family law issue you are facing, speaking to a Wheaton, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be beneficial.  

New Laws Set to Take Effect in 2025

There are several new Illinois laws that went into effect on January 1st that could potentially impact families. These include:

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 Posted on December 31, 2024 in Family Law

Determining the allocation of parental responsibilities can be a challenging part of divorce. Working out parenting plans and parenting time can be particularly contentious for those who have already disagreed about virtually every area of the divorce. Allegations may fly back and forth about whether the other parent is a "good" parent and whether he or she "deserves" parenting time. It is important to know that Illinois courts are very clear in their belief that, in most cases, spending time with both parents is in the child's best interests.

As such, it is a very serious matter for one parent to claim the other is unfit. If it turns out that there is no proof of a single unfit action, the court will not take such an allegation lightly. An unfit parent is one who is deemed untrustworthy to take care of a child, and there is a high bar of proof to convince a court that there is a reason to prevent a parent from spending time with his or her child.

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 Posted on December 31, 2024 in Sexual Harassment

A woman sued the United States Postal Service in Cook County regarding an incident that occurred in October 2023. The plaintiff in the case alleges that her supervisor sexually assaulted her while she was delivering mail while on her Chicago route. The woman says the man forcibly entered her mail truck and made inappropriate sexual advances while exposing himself and groping her.

The lawsuit further claims that USPS management refused to address prior complaints against the supervisor and that he was known as a "serial assaulter" within USPS and the union. Even after the woman reported the sexual harassment multiple times, nothing was done. The lawsuit, seeking damages in excess of $75,000, alleges sexual harassment leading to a hostile workplace, along with assault and battery.

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