Posted on January 25, 2021 in Main

Most couples have complex and intertwined assets that can be difficult to separate in divorce, but those who co-own a business can have an especially trying process ahead. If either or both parties also wish to protect the business and keep it running, there is yet another layer of complexity added to this issue. If you are filing for divorce, have a joint business, and wish to protect it in divorce, the following information can help.

Separating and Saving a Joint Business is Complex but Not Impossible

Starting and running a business has always required an investment, but today's business market has made things even more time and resource intensive. This is why so many newer companies are jointly owned—or have investing partners. Sometimes, these joint owners or partners also happen to be married. This can be a positive thing for couples who enjoy spending time together, but if the marriage eventually ends, the stress and worry over the company and its future can create a great deal of conflict during the divorce process.

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 Posted on January 19, 2021 in Kane

If you and your spouse are getting divorced, it may seem reasonable to assume that you would get to keep the assets and debts that are in your name while your spouse keeps those that are in  hers. While such an assumption may be fairly logical, the reality of divorce is often much different, as the laws that govern divorce in Illinois are intended to ensure an equitable distribution of marital property.

Understanding Equitable Distribution

A few states require marital property to be evenly divided during a divorce. These states use what is called a “community property” system, meaning that any assets and debts acquired during the marriage—except for a few limited exceptions—belong equally to both spouses. In a divorce in community property states, the property must be divided equally.

Illinois is not a community property state; it follows a system referred to as “equitable distribution.” Under the principles of equitable distribution, the marital estate is to be divided between the parties in a divorce in a manner that is fair and just, not necessarily a 50-50 split. To determine what is fair and just, the court must take into account a wide variety of factors, including each party's income and earning ability, arrangements for the parties' children, and the standard of living established during the marriage.

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 Posted on January 12, 2021 in Main

While Title VII of The Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex or nationality; unfortunately, illegal discrimination in the workplace still occurs. A prominent example of such discrimination can be found in sexual harassment—destructive conduct that remains all too common in the American workplace.

Identifying Sexual Harassment

Sexual harassment includes the use of inappropriate language as well as behavior that interferes with an individual’s ability to do his or her job. Victims of sexual harassment may experience unwelcome sexual advances, requests or demands for sexual favors, or unwanted physical touching. Both men and women can be perpetrators of sexual harassment as well as victims of such behavior.

There are two primary types of sexual harassment in the workplace: Quid pro quo harassment and creating a hostile work environment:

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 Posted on January 07, 2021 in Main

Most people have overriding romantic thoughts when the idea of marriage is first discussed. While this is normal, it is also important to keep in mind that there are several legal aspects to consider before getting married. Moreover, although it may not be very romantic, many couples find it helpful to discuss these legal issues before getting married.

The Process of Marriage

A wedding and a wedding reception are the fun parts of the marriage process—a process which brings together family and friends in a celebration of the new couple. However, there are more mundane items that must be taken care of before a marriage is legally recognized. For example, a couple must fill out an application for marriage. Under Illinois law, this application must contain the following information:

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 Posted on January 04, 2021 in Kane

If you are considering a divorce, you probably realize that the process is likely to include a number of necessary expenses. You may be required to pay for filing fees and court costs, not to mention the cost of financial experts, a guardian ad litem, or other professionals who may contribute to your case. Of course, hiring an attorney can be costly and, if you are not careful, the expenses related to your divorce can quickly add up, leaving you to pay much more than you ever expected.

Setting Realistic Expectations

There are many ways to reduce the costs associated with divorce, and you can take proactive steps before the process even begins. The most important thing you can do to limit how much you will spend on your divorce is to develop goals and objectives that are reasonable and attainable. This means determining the portion of the marital estate you would like to receive and the level of parental responsibilities you would like to have allocated while keeping your expectations realistic.

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 Posted on December 30, 2020 in Main

Most people are aware that inappropriate touching and overt sexual advances generally constitute sexual harassment in the workplace. Verbal sexual harassment, however, includes more than just requests for physical acts and obvious catcalls. Unfortunately, many types of verbal harassment are obscured by what society tends to consider “normal behavior,” but “normal” does not make such conduct acceptable. If the behavior is consistent and unwanted—and you have made it clear that you want it to stop—you could have grounds to file a sexual harassment complaint.

What Is Verbal Harassment?

It is important to understand that verbal harassment can include suggestions, jokes, or innuendoes. It can also include a co-worker or supervisor asking inappropriate personal questions or sharing intimate details of his or her sex life. In many cases, verbal sexual harassment will be perpetrated subtly against all workers of one gender in a particular work setting, but just because no one person is singled out does not mean that it is not harassment.

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 Posted on December 30, 2020 in Main

Securing your financial future by helping you save for retirement is something your employer may offer you as an employee. In addition, you may have saved on your own to build a healthy nest egg for your golden years. While money deposited in retirement accounts generally belongs to the person whose name is on the account, when that person gets divorced, if there are no agreements to the contrary, his or her spouse is entitled to an equitable portion of the money contributed into the retirement accounts during the marriage.

Retirement Funds as Marital Property

In Illinois, despite in whose name the account is held, retirement benefits, including pensions and 401k savings accounts, are considered marital property if they are acquired after the marriage was formalized and before a formal dissolution of a marriage is granted by a judge. If either spouse wants to challenge the classification of the retirement benefits as marital property, he or she has to show the court that the benefits were acquired in a way that qualifies as non-marital property under the law.

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 Posted on December 21, 2020 in Kane

If you and your spouse signed a prenuptial agreement before your wedding, you may feel pretty certain that you have adequately covered all of your bases in the event of a divorce. You have made plans regarding how your individual and marital assets will be divided, whether or not alimony will be paid and, which of you will get to stay in the marital home. With all of these issues settled well in advance, you and your spouse may be enjoying a sense of security and peace of mind. However, some couples who sign prenuptial agreements, make mistakes which could lead to their agreements being set aside as unenforceable by the court.

There are only a few reasons that a prenuptial agreement may be found to be invalid, including:

1. Lack of Full Disclosure

A prenuptial agreement requires a complete financial disclosure from each party regarding income, assets, and debts. The agreement cannot contain reasonable terms if both parties are not fully informed of the relevant circumstances. If your spouse has financial secrets and you did not voluntarily waive your right to disclosure, your agreement may be unenforceable.

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 Posted on December 16, 2020 in Main

Troubling research suggests that at least 1 in 3 women experience sexual harassment in the workplace. It is a frightening statistic that lifts the lid on the darker side of employment. Despite the relative frequency of these incidents, many companies are still ill-equipped to deal with harassment reports. This has left many women and men unsure of how to react to unwanted advances.

There is no question that sexual harassment in any way, shape, or form is a serious matter. According to the U.S. Equal Employment Commission, even behavior such as teasing or offhand comments can be considered harassment if it happens frequently enough that it creates an offensive or hostile work environment. It could also be considered sexual harassment if it leads to an adverse employment decision in which the victim is demoted or terminated.

Discuss the Issue With the Harasser

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 Posted on December 12, 2020 in Kane

Parents often worry about how their children will cope with divorce. Most do everything they can to smooth the transition, but they do not always know if they are making the right choices. For example, how do parents decide where the child will live? How much time should they be spending with each parent? Should they switch houses every weekend, or is that too much?

The answers to most of these questions are circumstantial and can only be answered by the parents themselves. However, one study does suggest that children fare better if they spend time living with each of their parents. Furthermore, children seem to cope best when their schedule for switching homes is somewhat consistent.

Switching Homes Less Stressful Than Initially Thought

At first glance, the constant switching of homes after divorce might seem more stressful for children, and former studies have suggested as much. However, a recent study from the Journal of Epidemiology & Community Health suggests quite the opposite. In fact, when examining children from divorced families in Sweden, children showed fewer signs of stress (loss of appetite, trouble sleeping, and general sadness) when they spent time living with both of their parents than they did if they lived primarily with one parent. Why is this information different than what was found in previous studies? Experts believe it may have something to do with the improvements made to family law.

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