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Recent Blog Posts
Getting Divorced in Illinois? Make Sure You Understand Alimony Laws
Getting divorced can significantly change your financial situation. This is especially true for disabled spouses, homemakers, and stay-at-home parents. Alimony, also known as “spousal maintenance” in Illinois law, is financial support that a spouse provides the other spouse during or after divorce. If you are getting divorced in Illinois, it is essential to know how and when spousal maintenance is awarded.
Why Spousal Maintenance is Awarded in Illinois
The purpose of spousal maintenance is to minimize the negative financial impact a divorce has on a spouse who is unable to support themselves without assistance. A divorcing spouse may also be entitled to spousal maintenance through an existing prenuptial or postnuptial agreement. Spouses may also request spousal maintenance from the court. When deciding whether to award spousal support, Illinois judges consider the spouses’ financial and employment circumstances as well as factors such as:
How Do You Know If You Have Been the Victim of Quid Pro Quo Sexual Harassment?
The Civil Rights Act of 1964 and several other federal, state, and local laws prohibit discrimination on the basis of sex. Sexual harassment falls under this category of workplace discrimination. There are two main types of sexual harassment addressed by federal law: hostile work environment harassment and “quid pro quo” sexual harassment. Understanding exactly how and when quid pro quo occurs can be difficult—especially when sexual advances are subtle or passed off as a “joke.”
What Does “Quid Pro Quo” Mean?
The phrase quid pro quo means “something for something” in Latin. Quid pro quo harassment occurs when an employer, manager, supervisor, or another person in an authoritative position uses or attempts to use his or her authority to gain a sexual benefit. The most common example of quid pro quo sexual harassment involves a boss or authority figure offering to give an employee a promotion in exchange for sexual contact. The person of authority may also state that the employee will face a negative work consequence such as a poor performance evaluation or reduced work hours if he or she denies a sexual request. While this overt type of harassment does occur, quid pro quo harassment is often much more subtle. The perpetrator may imply or “joke” that it would be in the employee’s best interest to accept his or her advances. This is still sexual harassment.
Successful Co-Parenting When You Have a Contentious Relationship with Your Ex
Parents often worry about how a divorce will affect their children. If you are divorced or soon will be, the safety and well-being of your kids are likely your top priority. You may be especially concerned about how your relationship with your ex-spouse will affect your children. While some divorced and unmarried parents remain friends, others can hardly stand to be in the same room together. If your relationship with your ex is closer to the latter, consider the following tips for maintaining a peaceful and effective co-parenting relationship.
Get Everything in Writing
A successful and non-combative co-parenting relationship starts with a strong parenting agreement. In Illinois, divorcing parents are expected to submit a “parenting plan” that describes the parenting schedule and other key parenting concerns. The parenting plan should be as detailed as possible. The more that you have in writing, the less you will be forced to figure out in the future. Furthermore, the elements of your parenting plan are legally enforceable. This means that if your ex refuses to stick with the plan, you can get the plan enforced by the court.
How to Get a Divorce When You Have a Toxic Marriage
Sometimes, what starts as a loving and enjoyable relationship devolves into a relationship that you barely recognize. Years of hurt feelings and things left unsaid can create an atmosphere of resentment and hostility. Communicating and working through issues as a team becomes impossible. You constantly catch your spouse in lies and struggle to believe anything he or she says. If this sounds familiar to you, you may be involved in a toxic relationship. Getting a divorce when you have a toxic relationship with your spouse is no easy feat.
Protect Yourself from Harassment and Abuse
Sometimes, a toxic relationship becomes an abusive relationship. If you have been subjected to physical, emotional, or psychological abuse, stalking behaviors, or financial exploitation, the time to act is now. Abusive treatment rarely deescalates over time and often worsens when the abusive person feels he or she is losing control. Remember, abuse does not only involve physical harm. Abuse is defined by Illinois law as harassment, interference with personal liberty, intimidation, and willful deprivation as well as physical abuse. An Emergency Order of Protection can require your spouse to move out of your home, give you temporary custody of children, stay a certain distance away from you and your workplace, and more.
Can Remote Workers Experience Hostile Work Environment Sexual Harassment?
Remote and work-from-home jobs are more popular than ever. Many employees are still working from home due to COVID-19, while other employees are continuing with remote work even after stay-at-home orders have terminated because it allows for greater flexibility. Unfortunately, working from home does not completely eliminate the risk of sexual harassment and other forms of discrimination. If you are a remote or work-from-home employee, it is important to understand your right to be free from sexual harassment and what to do if that right has been violated.
Understanding the Law Regarding Hostile Work Environment Harassment
The two types of sexual harassment specifically prohibited by federal law include “quid pro quo” harassment and “hostile work environment” harassment. Quid pro quo refers to a superior using his or her authority in an attempt to gain some type of romantic or sexual benefit. Hostile work environment harassment occurs when an employee’s job is interfered with due to inappropriate or demeaning sexual or gender-based comments or behavior.
How to Reveal Hidden Assets in a High Net Worth Divorce
One of the most crucial aspects of a divorce case is the disclosure of financial information. Without a full and accurate accounting of a couple’s assets and liabilities, it is difficult to make fair decisions regarding property distribution, child support, and spousal maintenance. If you are considering divorce and you or your spouse have a high net worth, the stakes are even higher. Identifying and evaluating the assets, income, and revenue are key to ensuring that the terms of your divorce are based on factual financial information.
Common Methods Spouses Use to Falsify Financial Information in a Divorce
Per Illinois law, spouses are entitled to an equitable share of the marital estate in a divorce. Before the marital estate can be divided, an inventory of each spouse’s assets, income, and debts should be made. One of the first steps in any divorce case is financial disclosure. Some divorcing spouses “forget” to include sources of income or assets on their financial affidavits. Others actively hide assets by transferring the asset to a friend or colleague or physically hiding cash or valuables in safety deposit boxes or around their home. Business owners may alter business records, delay invoices, or temporarily lower prices to create the illusion of a failing business.
Illinois Child Support: When Can a Support Order Be Modified?
When a couple has a child together – be they married or not – both parents are legally obligated to provide financial support. Child support orders are the legal manifestation of that obligation, and they outline how much should be paid (generally on a monthly basis). Yet, often, these orders are set up when a child is young, or when a couple first divorces. What happens when life circumstances change?
When the Needs of a Child Have Changed
Children are constantly growing, changing, and evolving. It only makes sense that their needs change, too. Yet not all changes constitute a basis for a modification to a child support order. Generally, the shift in needs must be fairly significant. For example, if a child is accepted to an elite educational program, the receiving parent may seek a modification to help cover the tuition. Likewise, if a child is diagnosed with a medical condition or illness and needs extensive medical treatment, a modification may be requested..
Understanding the Difference Between Sexual Misconduct, Sexual Harassment, and Sexual Assault
If you look at Google Trends to see the recent history of the term “sexual harassment,” you can see that this phrase started being searched at a much higher rate about three and half years ago. This is no coincidence. October of 2017 marked the beginning of what has become a revolution against sexual harassment in the workplace. Before the end of that month, over eighty women had made accusations of sexual harassment against media mogul Harvey Weinstein. Allegations against other high-profile individuals quickly followed. Since then, many more women who had silently endured sexual harassment have come forward to report the behavior. Throughout this increased media attention, there has been a great deal of confusion and misinformation about terms like sexual harassment, sexual misconduct, and sexual assault.
Sexual Harassment
Sexual harassment is a term that is frequently misused. Many people use this phrase to mean undesired sexual attention, and while that can be part of sexual harassment, it is by far not the full definition. From a legal perspective, sexual harassment can only exist in the workplace. So, while the construction worker who catcalls women walking past a construction site is inappropriate and annoying, he or she is not engaging in unlawful sexual harassment.
Why Did the Court Appoint a Guardian ad Litem to Our Case?
Disputes over child-related matters can often be quite contentious. The resulting bitterness and resentment can affect the relationship between the parents for years to come. Issues involving child custody—now called the allocation of parental responsibilities in Illinois—parenting time, child support, and any other concern related to children are complicated, and when parents cannot reach an agreement, the court will need to step in and make long-term decisions for the family. In some cases, the court will appoint an independent attorney called a guardian ad litem to assist in the decision-making process, and it is important for you to understand why he or she may have been appointed.
What Does a Guardian ad Litem Do?
To appreciate the reasons behind the court's appointment of a guardian ad litem (GAL), you must first understand the role that the GAL will play in your proceedings. The GAL does not represent either parent or the child; instead, he or she works essentially as an extension of the court and an expert witness. He or she has the power to investigate the family's situation by conducting interviews, reviewing documents, and examining any other relevant information. Based on the results of the investigation, the GAL provides a recommendation to the court of what the ideal outcome should be in the case. Because eligible GALs undergo specific training required by the county, their recommendations are given significant weight by the court.
What You Should Know About Preparing for a Gray Divorce
Over the last 25 years or so, divorce rates have more than doubled for those aged 50 and over. Thought to be due, at least in part, to an increase in life expectancy, these later-life divorces have some unique considerations and risks. So, if you or someone you know is planning on filing for what the media is calling a “gray divorce,” it is important to know how to best protect oneself and financial future.
Understanding the Risks of Gray Divorce
While all divorces are considered financially, mentally, and emotionally complex, those that occur later in life carry some serious financial risks, namely a situation known as divorce-induced poverty. This is a risk of particular concern for those who have already retired or have been out of the workforce for a long period of time. In addition, women, who typically live longer than men, may experience long-lasting poverty if they do not take proper precautions during their divorce.
Read MoreServing DuPage, Kane, Kendall, Will, Cook, and Lake Counties Since 1949
For guidance with your case, contact our attorneys at 630-665-7300. We will answer your questions, explain the process relevant to your case, and advise how best to proceed. Our firm has locations in Wheaton and St. Charles, Illinois, and we work with clients throughout the Chicagoland area, including, DuPage, Kane, Kendall and Will Counties.
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From our law offices in Wheaton and St. Charles, the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick & Mirabella, LLC represent businesses and individual clients throughout the western suburbs of Chicago, including Wheaton, Naperville, Oak Brook, Oakbrook Terrace, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Hinsdale, Lisle, Elmhurst, Winfield, Woodridge, Warrenville, and throughout DuPage County. We also serve clients in Will County, Kendall County, and Kane County, including St. Charles, Geneva, Batavia, Aurora, North Aurora, Elgin, Algonquin, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, West Dundee, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, and Wayne.
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