Posted on November 23,2021 in Kane

When a couple divorces, they must determine how to divide the property they accumulated during the marriage. According to Illinois law, nearly every asset that a couple obtains during the marriage is considered marital property in a divorce. Assets that were obtained before the divorce are nonmarital or separate property – with some exceptions.

If you are getting divorced, you may have questions about how your retirement assets will be handled. You may ask, “Does my spouse get a portion of my retirement funds?” Or “Will I have enough money to retire if I get divorced?”

Who Gets Retirement Savings?

If you are like many people planning to divorce, you may assume that your retirement savings are yours alone. After all, your retirement assets were earned based on your hard work. However, retirement assets are typically treated just like any other asset during divorce. Unless you have a prenuptial agreement or another type of marital agreement that gives you sole ownership over retirement assets, any assets you earned during your marriage are likely marital property. This means that your spouse does have a right to an equitable share of the retirement assets. Assets that you earned before you got married are non-marital assets.

Continue Reading ››

 Posted on November 18,2021 in Main

Did you know that experts consider divorce to be one of the most stressful life events a person can experience? Getting divorced can take a major toll on your mental health. It can be even harder to cope with a divorce or separation during the holidays. If you are in the midst of a divorce, consider the following tips for reducing your stress.

Accept Your Feelings and Do Not Bottle Emotions

Experts liken getting divorced to losing a loved one. Many divorcing spouses go through the same stages of grief that someone mourning a death would go through. You may feel angry, depressed, guilty, frustrated, and confused – perhaps within the same hour. You may also feel excited and hopeful about your post-divorce future. Whatever feelings you experience, accept them and recognize that this type of emotional volatility is completely normal during a divorce.

Work With Professionals Who Can Make the Process Easier

Continue Reading ››

 Posted on November 12,2021 in Main

Child support helps parents pay for housing, childcare, education and extracurriculars, and other child-related expenses. Illinois courts use an Income Shares Model to calculate child support payments. This model uses both spouses’ net incomes to determine a child support payment amount that provides the needed financial support without overburdening the paying parent. However, determining child support is not always as straightforward as it may seem. One situation that can make child support calculations more complicated is a parent’s unemployment.

Is an Unemployed Parent Required to Pay Child Support?

Illinois courts prioritize a child’s best interests above all else during child-related legal matters. A child’s financial needs do not change because a parent becomes unemployed. Consequently, a parent without an income is not automatically absolved of their child support obligation. However, a parent who is struggling to fulfill his or her obligation may be able to request a child support modification and reduce his or her payments in some situations.  

Continue Reading ››

 Posted on November 10,2021 in Main

The fast-food chain McDonald’s has been one of the most popular restaurants in Chicago and across the U.S. for decades. However, the restaurant’s reputation has been soiled by what many employees are calling ongoing, unaddressed sexual harassment against workers. Just recently, McDonald’s staff in cities throughout the country walked off the job in protest of workplace sexual harassment. This walk-off is not the first of its kind. In fact, McDonald’s workers have organized strikes multiple times in the past over allegations of discriminatory actions and workplace harassment issues.

Restaurant Workers Say They Were Verbally and Physically Harassed

Workers should be able to focus on their jobs. However, demeaning and inappropriate language and behavior in the workplace can sometimes make it impossible to do so. Harassment and discrimination can take countless different forms. Sometimes, sexual harassment takes the form of unfair treatment toward workers of a certain gender. Other times, sexual harassment involves displays of explicit or outright pornographic images or videos. Unfortunately, some workers are even subject to sexual assault on the job. One McDonald’s manager is accused of raping an employee who was just 14 years old at the time. The manager had previously been sentenced to ten years in prison after sexually assaulting a child but still managed to gain the position of manager at the fast-food establishment.

Continue Reading ››

 Posted on November 10,2021 in Kane

Reaching the decision to divorce can be just as difficult as the divorce itself. Married couples may try to make the marriage work for years before finally admitting defeat. Typically, by the time a couple files a Petition for Dissolution of Marriage, the marriage is beyond saving. However, relationships are complex and sometimes, a divorcing couple changes their mind. Read on to learn about your options if you have changed your mind about ending your marriage through a divorce in Kane County.

Filling a Motion to Dismiss Divorce Proceedings

Divorce is final. Once a divorce is complete, the spouses’ marriage is over. If they decide that they made a mistake in getting divorced, their only option is to get re-married – which can come with its own complications.  However, if both parties agree, you can completely stop divorce proceedings before the final divorce judgment is issued. You can file a Notice to dismiss the Petition for Dissolution of Marriage and stop the divorce from proceeding. However, if the parties do not agree, and a Counter- Petition for Dissolution of Marriage had been filed, the divorce proceedings will continue.

Continue Reading ››

 Posted on October 29,2021 in Kane

There is no getting around the fact that divorce has considerable financial implications for both spouses. Going from a two-income household to a one-income household can turn your life upside down. The division of property and debts, spousal maintenance, and child support can also change your financial situation substantially. When starting the divorce process, spouses must consider the role of finances and make plans to prioritize their post-divorce financial wellbeing. For many divorcing spouses, this requires an honest assessment of their financial situation – perhaps for the first time ever.

Do Not Wait to Educate Yourself About Your Finances

Many married couples divide household chores and responsibilities. One spouse handles financial concerns like paying the bills, applying for credit cards, or balancing the checkbook while the other spouse handles non-financial concerns. Unfortunately, being “out of the loop” regarding finances can make you extremely vulnerable in a divorce case. Without being aware of your assets, debts, and income, you cannot make informed decisions during the divorce process. Financial ignorance can also make you blind to financial deception during the asset division process.

Continue Reading ››

 Posted on October 14,2021 in Main

Sexual harassment is considered a form of illegal sex-based or gender-based discrimination. Every employee deserves to work in an environment where they feel safe and respected. Despite numerous federal and state laws designed to protect workers from sexual harassment and discrimination, unlawful harassment continues in workplaces across the United States.

When most people think about sexual harassment, they assume that the harassment involved opposite-sex individuals – usually a male aggressor and a female victim. However, sexual harassment does not always follow this stereotype. Sexual harassment victims and perpetrators can be of either gender. Sometimes, the victim and the perpetrator are of the same gender, which can make it even harder for victims to report harassment.

Same-Sex Sexual Harassment Victims Are Often Reluctant to Report Harassment

Same-sex sexual harassment is often insidious. It may come in the form of favoritism or biased performance reviews instead of derogatory remarks whispered at the water cooler. Sexual harassment involving same-sexed individuals is often difficult to recognize. For many victims, it is also difficult to report.

Continue Reading ››

 Posted on October 08,2021 in Main

For divorcing or unmarried parents, the issue of child custody is often a top concern. Even if parents initially agreed on how to divide parental responsibilities and parenting time, things change. Sometimes, a child custody arrangement becomes impractical or inappropriate. If you are a parent who wishes to modify your current child custody order, it is important to understand how and when child custody modifications are permitted in Illinois. Illinois courts want to promote stability and consistency in children’s lives. Consequently, child custody modifications are only granted under certain circumstances.

Modifying Parenting Time or Parental Responsibilities

In Illinois, “child custody” consists of two main components: parental responsibilities and parenting time. Parental responsibilities refer to how parents make decisions about their child’s upbringing, including the child’s education and religious training. Parenting time, which used to be called visitation, is each parent’s time caring for the child. If you wish to modify the allocation of parenting time and responsibilities, you can file a Petition to Modify Parenting Time and Responsibility with the court. However, the steps you will take to receive a parental responsibilities modification depend on how recently the order was entered or last modified.

Continue Reading ››

 Posted on October 06,2021 in Main

Image a sexual harassment victim. If you are like many people, the first person that comes to mind is a young woman in a traditionally “feminine” outfit such as a skirt or dress. Sexual harassment happens to women and men of all ages, ethnicities, and lifestyles. By no means is the problem limited to what we think of as “feminine” women.

However, a recent study suggests that sexual harassment claims are perceived as less credible or less severe when the victim is a woman who does not fit traditional female stereotypes. The study has significant implications and reminds each of us that workplace sexual harassment is still a serious, ongoing problem in Illinois and across the U.S.

Victims’ Appearances May Influence Sexual Harassment Claims

One of the most important components of the #MeToo movement was the assertion that not all sexual harassment and sexual assault victims are the type of people you would expect. Anyone can be a victim of sexual harassment. Anyone can be a perpetrator of sexual harassment. In fact, an estimated one in five workplace sexual harassment complaints are filed by men.

Continue Reading ››

 Posted on October 04,2021 in Kane

If you have ever watched a television show or movie about divorce, you may assume that all divorce cases involve dramatic courtroom showdowns. However, this is a far cry from reality. Most divorce cases settle before they go to trial. Less than five percent of divorce cases actually go to trial. In this blog, we discuss the role of the marital settlement agreement in Illinois.

Settling Divorce Issues Before Going to Trial

Divorce trials are stressful and expensive. In most cases, settling the divorce and avoiding a trial is the better option for everyone involved. (Though there are still some cases in which a trial is necessary). 

A Marital Settlement Agreement (MSA) contains the agreement that the spouses have reached regarding divorce concerns such as asset division, spousal maintenance, the allocation of parental responsibilities, and parenting time.

Spouses submit the MSA to the court for approval. Usually, the court will accept the MSA and adopt it and incorporate the terms into the final Judgment for Dissolution of Marriage. However, the court may not accept the MSA if the agreement is “unconscionable,” meaning it is grossly unfair. The court may also modify provisions related to children, such as child support or parental responsibilities based on the children’s best interest.

Continue Reading ››