Posted on August 12, 2021 in Main

Television shows and movies have perpetuated many misconceptions about divorce. The most prevalent of these false beliefs is the notion that a divorce case will be wrought with turmoil and conflict if the spouses hire attorneys. On the contrary, having a divorce attorney can help you and your spouse negotiate a divorce settlement agreement without a stressful courtroom showdown. In fact, many divorce attorneys now utilize collaborative law to resolve divorce issues without litigation.

In a collaborative divorce, each spouse and his or her attorney work with a collaborative team to discuss divorce issues, explore various solutions, and negotiate the terms of the divorce. The individuals who join the spouses and their attorneys can vary depending on the unique issues the spouses are dealing with.

Creating a Collaborative Team During Your Divorce

A collaborative divorce involves a series of collaborative meetings during which the spouses, their attorneys, and other participants discuss the unresolved divorce issues. They may negotiate a property division settlement, parenting plan, spousal maintenance agreement, or discuss other concerns. The ultimate goal of the collaborative meetings is to find solutions to disputes without going through the litigation and/or trial process.

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 Posted on August 06, 2021 in Main

Activision Blizzard is responsible for some of the most popular video games on the market, including “Candy Crush,” “Call of Duty,” and many more. However, the company’s good reputation has recently been threatened by accusations of discrimination and sexual harassment. Many employees claim that they faced sex-based discrimination, retaliation, and even assault. The company was faced with a discrimination lawsuit on July 20, 2021, but some employees have been less than impressed with the company’s response to the lawsuit.

California Department of Fair Employment and Housing Alleges Harassment and Discrimination

In a suit filed by the California Department of Fair Employment and Housing (DFEH), Activision Blizzard has been accused of unfair treatment toward female employees, unequal wages, sexual harassment, and fostering a “frat boy workplace culture.” The lawsuit was filed after a two-year investigation into the company’s alleged discriminatory actions.

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 Posted on August 04, 2021 in Main

When we think of newlyweds, we typically imagine happy couples joyfully embarking on their marriage relationship. Unfortunately, for some spouses, the days, weeks, and months after the wedding are fraught with regret. If you got married and then realized that the marriage was a mistake, you may be eager to end the relationship. You may wonder whether you can get your marriage annulled. In Illinois, annulment is possible, but only under certain conditions. Married couples who do not meet the criteria for annulment must end their marriage through divorce.

Illinois Law Regarding Annulments

An annulment is referred to as a “Declaration of Invalidity of Marriage” in Illinois law. Annulments are often portrayed in pop culture as a shortcut to getting divorced. However, divorce and annulment are two completely different legal processes. Divorce ends a marriage. Annulment, on the other hand, declares that a marriage was never valid in the first place.

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 Posted on July 31, 2021 in Kane

So you are gearing up for a wedding in Illinois – congratulations! The time before your wedding can be one of the most precious and tender periods of your life. Preparing for a wedding is an exciting and exhausting process, and it is easy to let things slip through the cracks. Despite having so many things to do, one crucial thing that all couples should consider before they tie the knot is the value of a prenuptial agreement.

Nobody wants to think about their marriage ending before it begins, and some people are reluctant even to discuss a prenup with their fiancé. However, there is a way to frame a prenup that could be considered gentle and even romantic: You love your fiancé so much that, starting right now, you are going to protect their interests – even if you separate later.

A prenuptial agreement is the best way to protect your premarital assets and interests and can help you, and your spouse navigate a divorce with far less conflict in the future. Here are some things to consider as you contemplate whether you want a prenup:

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 Posted on July 30, 2021 in Main

Divorce is a distressing process that can have emotionally devastating consequences. Worse, it often comes on the heels of years of marital conflict. Understandably, divorcing spouses often feel lonely and are eager to begin dating once it becomes clear that their marriage has irreconcilably broken down. However, dating before your divorce is complete can have a negative effect on the outcome of your divorce. 

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 Posted on July 19, 2021 in Main

Flirting and making crude jokes with coworkers is unwise behavior for a number of reasons. Everybody has a different threshold for tolerating this behavior; what someone finds funny, someone else may find downright offensive, and what one person views as harmless flirtation may be perceived by someone else as unwanted harassment. Even a casual observer may object to behavior or language they see or overhear. 

Workplaces are staffed by adults who are complex and imperfect. Many people have casual, flirtatious friendships with coworkers that, while they may be ill-advised, do not cross into the domain of sexual harassment. Yet workplace sexual harassment is common, and it is illegal. It causes negative consequences for victims and can interfere with a victim’s ability to do his or her job. So how do you know if flirting has crossed a line? And if it has, what can you do about it? 

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 Posted on July 12, 2021 in Main

Although most couples in Illinois typically engage in the divorce process together, in some high-conflict divorces, one spouse will refuse to cooperate in the divorce proceedings. Your spouse may become nonresponsive, refuse to negotiate, or refuse to sign divorce papers. This may be in an attempt to control you, get revenge, or even avoid legal consequences due to previous criminal behavior. Whatever the reasons, a non-cooperative spouse can derail the divorce proceedings and make your life very difficult. 

Only One Party Has to Sign Divorce Papers

Fortunately, you have legal recourse to complete the divorce process, even if your spouse is noncooperative. A common misconception about Illinois divorces is that both parties need to sign the divorce papers in order to finalize the divorce, but this is not true. 

You must make sure your spouse knows about the divorce filing, and then your spouse will have 30 days to respond. If they do not respond to the divorce filing, or file any motions of their own, the court can issue a Default Judgment. Notification of the pending default judgment must then be sent to your spouse. 

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 Posted on July 09, 2021 in Kane

Marriages start out with high hopes and good intentions, but people are unpredictable, and some problems cannot be foreseen. Many people have heard the term “annulment” and believe it is an easy alternative to divorce for ending a marriage that recently took place, but this is not so.

From a legal perspective, in Illinois, an “annulment” is legally referred to as a “declaration of invalidity of marriage.” For the sake of brevity, we will refer to a declaration of invalidity of marriage as an annulment as we explore the difference between a divorce and an annulment and when one may be more appropriate than the other. 

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 Posted on July 09, 2021 in Main

Bill Cosby, 83, was released from prison on Wednesday. The Pennsylvania Supreme Court said that the district attorney who prosecuted Cosby was bound by his predecessor’s promise not to bring charges against former actor and comedian. Cosby, who had been accused by around 60 women of various types of sexual misconduct, served three years of his 3-10 year prison sentence for the drugging and violating of Andrea Constand in 2004. 

Many of the other accusations against Cosby are alleged to have occurred during work-related events, such as auditions or in the green room before television interviews. When such behavior occurs in a work-related setting or between people who work together, the behavior could potentially constitute sexual harassment as well as criminal sexual misconduct. Under federal law, sexual harassment is a form of workplace discrimination, and it is actionable in civil court, even if the behavior is not technically a “crime.”

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 Posted on June 29, 2021 in Kane

The spouse who files for divorce in Illinois gets to choose the location – or the “venue” – of the divorce. This means that, by filing in a particular county’s circuit court, he or she decides where the divorce will take place. However, if your spouse has decided to file for divorce in a certain venue and you do not want the divorce to be handled there, you actually have the right to contest their choice of venue. 

Venue vs. Jurisdiction

In order to understand why a divorce can move to a different court during a divorce case, it is important to distinguish between “venue” and “jurisdiction.” Occasionally, people will use these terms interchangeably, but they are not the same. Venue refers to the county court in which the case is heard. As stated earlier, divorce in Illinois is handled by the circuit court of the county in which the divorce is filed. The standard choice of venue is a circuit court in the county in which one or both spouses live. Jurisdiction refers to the authority of a court to hear a case. Illinois law allows jurisdiction by all county circuit courts over all divorce cases, no matter where the spouses live – if at least one spouse still lives in Illinois. 

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