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.

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 Posted on October 01, 2021 in Main

Divorce is never easy. However, some divorcing spouses face obstacles and challenges that the average person does not. If you or your spouse are a local celebrity, well-known business leader, or otherwise in the public eye, you will undoubtedly face additional challenges.

Understandably, people in this situation are extremely concerned about confidentiality. Divorce cases involve discussions about deeply personal matters and detailed financial information. If this information becomes public, it could potentially harm your reputation or even ruin your career.

Avoid Public Litigation by Using Alternative Resolution Methods

If you are concerned about keeping confidential information private during your divorce, it is best to avoid court litigation if possible. Court hearings are open to the public. Alternative resolution methods like mediation and collaborative law can help you and your spouse negotiate divorce issues under the umbrella of confidentiality. Collaborative divorce is an especially popular method for couples with significant assets or disagreements about divorce issues. During a collaborative divorce, you, your spouse, your respective attorneys, accountants, and other participants all sign an agreement pledging to keep the discussion confidential. You also promise to resolve the issues during the collaborative process and avoid litigation.

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 Posted on September 27, 2021 in Kane

There is no doubt about it: Divorce can have massive financial implications. For many, getting divorced represents a considerable financial hardship. In Illinois, divorced parents with the majority of the parenting time are typically entitled to child support. Some divorced spouses are also entitled to spousal maintenance or, as it is called in other states, alimony. You may be wondering, “Can a spouse receive both spousal maintenance and child support?”

Understanding Illinois Child Support and Spousal Maintenance Laws

Typically, divorce cases involving parents include a child support order. The amount that a parent pays depends on both parents’ net incomes. In Illinois the Income Shares Model is used to reach a child support payment amount that provides for the child’s needs without bankrupting the paying parent.

On the other hand, spousal maintenance is not awarded in all divorce cases. Unless the couple has agreed to maintenance in a valid marital agreement such as a prenuptial agreement, a spouse who wishes to receive maintenance will need to petition the court for maintenance. Courts consider both spouses’ financial needs and resources, the standard of living during the marriage, the duration of the marriage, and several other factors when determining if maintenance is appropriate. Usually, the amount of maintenance a spouse receives is calculated using a statutory formula that takes both spouses’ net incomes into account.

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 Posted on September 21, 2021 in Main

Retail stores account for a massive portion of the U.S. economy. Approximately two-thirds of the U.S. gross domestic product comes from retail sales. Retail employees are a crucial component of our modern lives, however, working conditions in the retail industry are often unsatisfactory and sometimes intolerable. Sexual harassment is prevalent throughout the retail industry. Sadly, some retail workers tolerate demeaning conduct at work because they are financially dependent on the job and do not know their legal options.  

Sexual Harassment in the Retail Industry

Just over 13 percent of sexual harassment claims filed with the Equal Employment Opportunity Commission (EEOC) between 2005 and 2010 involved retail workers. Grocery stores, clothing stores, shops, appliance stores, gas stations, and other retail stores are rife with sexual harassment. Sometimes, sexual harassment takes place in the form of co-worker misconduct. A hostile workplace is created when offensive, sexually explicit, or demeaning statements or behavior become so frequent or severe that they prevent workers from completing job duties. Hostile work environment sexual harassment may involve:

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 Posted on September 14, 2021 in Main

Many people underestimate just how involved the divorce process can be. Ending a marriage is not only deciding to divorce and filing the petition for dissolution. To divorce, the couple must also address divorce issues like the division of marital property and debts, allocation of parental responsibilities and parenting time, and spousal maintenance. Reaching an out-of-court agreement on these issues instead of letting the court determine the unresolved issues can save a tremendous amount of time, money, and stress. If you are getting divorced, consider the following alternatives to litigation.

Reaching an Agreement Through Your Attorneys

Understandably, many divorcing spouses struggle to see eye to eye regarding the terms of their divorce. If you and your spouse disagree about divorce issues like who should keep the family home or which parent should have the majority of parenting time, consider reaching out to an attorney for help. Your lawyer can act as an intermediary between you and your spouse and represent you during negotiations. This ensures that you have a knowledgeable legal advocate on your side, helping you reach the best divorce outcome possible.

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 Posted on September 09, 2021 in Kane

If you are like most people getting divorced, you do not want to continue to share a home with your soon-to-be-ex. Some divorcing spouses are able to stay in the same house while the divorce is ongoing, but many couples find this impossible. If your ex has become violent in the past or you fear that he or she will become violent, staying in the marital home together may be outright dangerous. Fortunately, Illinois law offers two legal avenues through which you may be able to get exclusive possession of the marital home in a divorce.

Seeking Exclusive Possession of the Marital Residence in an Illinois Divorce

Divorce can bring out the worst in people. Sometimes, a spouse refuses to move out even though that is what is best for everyone involved. If you have found yourself in this situation, you may be able to temporarily evict your spouse through a court order for “exclusive possession of the marital residence.” However, for the court to grant you exclusive possession of the home, you will need to demonstrate that:

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 Posted on September 03, 2021 in Main

Money problems are a known initiator of countless divorces in the U.S. However, affluence does not prevent a marriage from breaking down. In a divorce case, the complexity of the divorce proceedings is influenced heavily by the spouses’ financial situation. The higher a couple’s net worth, the greater the financial impact of property division, spousal support, and child support determinations. If you are thinking about divorce and you or your spouse have a high income or own high-value assets, it is important to consider how the wealth may impact the divorce.

The Division of Assets and Debts

Most couples reach an out-of-court property division settlement during their divorce. However, before couples can agree on who gets what, the property must be accurately valued and identified. Complex assets like stocks, stock options, business interests, and other assets with fluctuating or difficult-to-calculate values must be analyzed and valued before they can be properly addressed during property division negotiations.

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 Posted on September 02, 2021 in Main

Over the last several years, more than a few prominent members of the media have been accused of mistreating staff or even creating a hostile work environment. Since NBC’s Matt Lauer was terminated from his position in 2017, there have been accusations against other news anchors, hosts, producers, directors, and television personalities. Unfortunately, being in the public eye does not prevent someone from becoming a victim of workplace sexual harassment.

ABC News Faces Sexual Harassment Lawsuit

Sexual harassment is a form of sex-based discrimination that is prohibited by state and federal law, including the Civil Rights Act of 1964. Employers have a legal obligation to respond to accusations of sexual harassment promptly and effectively. When employers do not take appropriate corrective action after a sexual harassment complaint, the harassment or discrimination victim may bring a lawsuit against the company.

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 Posted on August 25, 2021 in Kane

If you are a divorced or unmarried parent who shares custody (now known as Parental Responsibilities) with your ex, you may have questions about moving. Each state handles child custody issues differently. In Illinois, you may need to complete certain steps and get the court’s permission to move if the move counts as a “relocation” under Illinois family law. The county in which you reside and the distance between your current home and future home impact the steps needed to move with your child. Read on to learn the answers to frequently asked questions about parental relocations in Illinois.

What is the Difference Between Moving and Relocating?

The words “move” and “relocation” are sometimes used interchangeably, however, these terms have different meanings under Illinois child custody law. If you live in Cook County, DuPage County, McHenry County, Kane County, Lake County, or Will County, any move further than 25 miles away is considered a relocation. The move is also a relocation if you move out of the State of Illinois, even if it is less than 25 miles. If you live in an Illinois county not listed above, moving more than 50 miles away is considered a relocation.

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 Posted on August 20, 2021 in Main

If you are an unmarried parent or you plan to divorce, you may have questions and concerns about child custody. In Illinois, the term “child custody” is still used informally, but the state does not officially use the terms custody and visitation when referring to parenting duties. Instead, parenting duties are divided into parental responsibilities, meaning a parent’s authority to make decisions about the child’s schooling, healthcare, and other important matters, and parenting time, or the physical time a child spends with each parent.

If you wish to obtain all of the parental responsibilities or parenting time, it is important to understand the circumstances under which Illinois grants sole custody.

Illinois Law Presumes a Child Should Spend Time with Both Parents

The legal presumption in all child custody cases is that the child is best served by having both of his or her parents involved in his or her life. Even if one parent is granted all of the parental responsibilities, the other parent typically still has the right to parenting time.

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