Posted on February 15, 2022 in Kane

Getting engaged to be married is an exciting time in a person's life. If you are like many newly engaged individuals, you may be interested in signing a prenuptial agreement, but you do not know how to bring it up with your partner. You may have concerns about how he or she will feel about the idea. This is understandable. Most people misunderstand the purpose of a prenuptial agreement or assume that prenups are only needed if the couple doubts the longevity of their marriage. However, more and more people are realizing that these myths are untrue. Signing a prenuptial agreement can greatly benefit both spouses in a variety of ways. Read on to learn more.

Evaluate The Possibility of a Prenuptial Agreement Together

Many partners are surprised and offended if their significant other brings them a prenuptial agreement and says, "Sign this!"  A better approach may be to investigate the potential benefits of a prenuptial agreement together as a couple. Take some time to read through information about prenuptial agreements in Illinois and the benefits they offer. Many family law attorneys are seeing an increase in prenuptial agreements – especially among younger couples. Evaluate the pros and cons of signing a prenuptial agreement and consider why these legal tools are becoming more popular.

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 Posted on February 09, 2022 in Main

Divorce can seem like a daunting process. Most people who want to end their marriage have little to no experience handling legal matters and dealing with the court system. The intense emotional toll divorce takes on a person can make it even harder to address the legal, financial, and logistical aspects of the split. If you are at the beginning stages of a divorce, consider reaching out to an experienced lawyer for help. Additionally, take the following steps to prepare yourself for the divorce process.

Learn About Illinois Divorce Laws

Each state has different divorce laws. To make the situation even more confusing, these laws change frequently. One way to boost your confidence and prepare yourself for divorce is to educate yourself about divorce laws in your state. Knowledge is power. Learning about the laws regulating divorce filing, grounds for divorce, property division, child custody, and other applicable divorce issues can help you feel more secure. It can also help you determine the specific challenges your divorce case may entail. Our own E-Book “MKFM Law's Common-Sense Guide To A Successful Divorce,” is a great resource that is available for purchase on Amazon. You can also get a complimentary copy by simply sending a request to [email protected].

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 Posted on February 02, 2022 in Main

Divorce at any age can be complicated. However, getting divorced in your 60s involves additional complicating factors. If you are thinking about ending your marriage and you are in your 60s, you may have financial, legal, and practical concerns. You may worry about your ability to retire on time or have questions about the ownership of your home. You may also worry about how divorcing will affect your grown children or the friendships you have with other married couples. There is no getting around it: Divorce later in life is challenging. Fortunately, you do not have to go through it alone. A divorce attorney experienced in “gray divorce” matters can be a tremendous asset during the divorce process.

Financial Considerations for Older Couples Who Divorce

During your divorce, you will need to address the allocation of your property and debts. In Illinois, property that was obtained by either spouse during the marriage is considered marital property except for a few exceptions. Retirement assets accumulated during the marriage are also considered marital property. A divorce attorney can help you figure out how the split will affect your retirement.

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 Posted on January 26, 2022 in Main

State and federal laws prohibit employers from discriminating against workers because of their sex or gender. Sexual harassment falls under the umbrella of discrimination based on sex. An employee who is sexually harassed by an employer, supervisor, or co-worker may file a complaint. The employer is required to take action to prevent further harassment.

However, sometimes, the harassing individual is not an employer or employee. Third-party harassment occurs when a non-employee harasses an employee. If you were harassed by a vendor, contractor, customer, or other non-employee at work, read on to learn more.

Is My Employer Responsible for Harassment Committed by Non-Employees?

Employers have a legal obligation to ensure the workplace is safe. This includes taking reasonable steps to protect employees from third-party harassment. Employees should not have to tolerate sexual harassment, intimidation, or assault from clients, customers, delivery persons, vendors, independent contractors, or anyone else at work. If you were harassed at work by a non-employee, report the harassment to your employer. Your employer is legally obligated to investigate the situation and take corrective action. Employers may be liable if they ignore third-party sexual harassment and fail to take corrective action after a sexual harassment complaint.

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 Posted on January 26, 2022 in Kane

Ending a marriage requires the spouses to address multiple financial issues. Most couples need to determine who will keep the marital home, vehicles, furniture, and other property. They may also need to divide bank account balances, retirement funds, business profits, and other assets. Financial issues such as these are especially consequential in a high-asset divorce case.

However, for spouses or the court to determine a reasonable division of assets and liabilities, they must have a full accounting of assets and debts. Unfortunately, some spouses lie about property or income during divorce. They try to hide assets to shield them from division or fabricate financial information to lower their child support or spousal maintenance obligations. If your spouse is being less than forthcoming about financial information in your divorce, forensic accounting may help.

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 Posted on January 26, 2022 in Main

When married couples with children divorce, they must address more than asset division and other property issues. They must also address how they plan to raise their children as a divorced couple. In Illinois, child custody involves two main components. The allocation of parental responsibilities is the allocation of significant decision-making responsibilities. Parenting time is the time each parent spends with the child. Read on to learn about how parenting time can impact child support payments in a DuPage County divorce.

Do I Pay Less If I Have More Parenting Time?

Child-related expenses can quickly add up and child support helps unmarried, or divorced parents share financial responsibility for their children.

In Illinois, child support payment amounts are based on the parents' respective net incomes. The amount a parent pays is almost exclusively based on the parents' financial circumstances. The parent with the greater amount of parenting time is expected to make his or her financial contribution to the child by caring for the child and meeting the child's basic needs. The parent with less parenting time is expected to make his or her financial contribution to the child through child support payments.

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 Posted on January 17, 2022 in Main

Being the victim of sexual harassment is already bad enough. People not believing you is even worse. Despite it being illegal, many people still face sexual harassment and discrimination at work. The harassment may come in the form of requests for sexual favors, derogatory comments about a person's sexuality, offensive statements about someone's body, or unwanted touching. Any form of sexual harassment is unacceptable. No one should have to tolerate being sexually harassed at work.

Employers Have a Legal Obligation to Investigate and Address Sexual Harassment

Did you know that per state and federal law, employers have to address sexual harassment? If you reported sexual harassment or discrimination to your manager and nothing was done, do not give up. Take the following steps:

• Report the harassment according to your company policy – Most companies have policies and procedures for reporting sexual harassment. Follow your company guidelines. If the person who is harassing you is the person you are supposed to report harassment to, you may have to go over that person's head to the next supervisor.

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 Posted on January 05, 2022 in Main

Divorce can be daunting for anyone. Most spouses considering divorce are only vaguely aware of what the divorce process involves. They may also be juggling feelings of regret, anger, and sadness which can make the divorce process even more intimidating. Fortunately, you do not have to handle divorce on your own. An experienced divorce lawyer can guide you through the process, offering the legal advocacy you need during this difficult time.

However, no two divorce lawyers are the same. It is important that the divorce lawyer you choose has the skills and experience needed to handle your particular situation effectively. As you vet potential divorce lawyers, consider the following questions:

What Is Your Financial Situation?

Money is a key issue in any divorce case. The spouses' debts and assets will need to be accurately valued and then divided through either an agreement between the spouses or through the court. The spouses may also need to address child support, spousal support, and other financial issues. If you have a high net worth couple or own complex assets, your divorce will likely be more complicated than the average divorce case. Make sure your lawyer is up for the challenge. For example, if you are a business owner, you will want to make sure your lawyer has experience handling business valuation and division during divorce.

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 Posted on December 21, 2021 in Kane

As parents age and children become adults, sometimes the parenting roles flip, and an adult child takes on a caretaking role for his or her parents. Age-related cognitive decline, Alzheimer's disease, dementia, and physical disabilities can leave an older person unable to care for themselves. If your parent is suffering from a physical or mental disability, you may be curious about seeking guardianship.

Guardian of an Adult in Illinois

Guardianship is a legal tool that gives control of a person's personal affairs and/or finances to someone else – often a relative of the disabled person. The Illinois probate court recognizes several forms of guardianship: “Guardian of the person” gives a responsible adult control over the ward's personal and healthcare decisions. “Guardian of the estate” gives the person control over the ward's finances.

Often, guardianship is needed because an elderly person cannot make sound decisions and/or keep themselves safe. Limited guardians can make decisions about specific concerns but do not have full control over the ward's personal or financial affairs. A plenary guardian has the authority to make any and all major decisions about healthcare and/or finances. The same person may act as guardian of the estate and guardian of the person or different people may fill these roles.

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 Posted on December 15, 2021 in Main

Sexual harassment is a form of illegal discrimination. While unlawful, sexual harassment continues to occur in DuPage County and throughout Illinois. Workplace sexual harassment falls into two broad categories: Quid pro quo harassment and hostile work environment.

Many people are unsure of what types of behaviors constitute sexual harassment. Some victims of sexual harassment convince themselves that they are overreacting or misunderstanding the situation. To be clear, anyone who feels threatened, offended, insulted, or demeaned at work should speak up. Even if the behavior has not yet crossed the line into sexual harassment, it is likely to escalate in the future, so it is best to report the behavior right away. That being said, people who have been victims of sexual harassment at work often experience the same types of feelings.

Red Flags You Are a Victim of Sexual Harassment

Sexual harassment can take countless forms. You may be a victim of sexual harassment if:

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