Posted on October 02,2020 in Main

High net-worth couples who are going through a divorce often face special issues that require extra planning and attention. Because of the complicated nature of the assets involved, care must be taken to divide the property in a way that does not compromise their value. Often, such couples also hope to keep the details of the divorce as private as possible for personal, safety, and business reasons.

Protecting Assets

Illinois law presumes that any asset acquired after the date of the marriage is a marital asset, subject to a few exceptions. In the absence of an agreement between the spouses, the law requires a judge to decide what is a marital asset and then divide those assets equitably. While there are certain legal factors a judge must consider when dividing assets, without proper preparation and representation, you risk having your assets undervalued or split in such a way as to diminish their value.

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 Posted on September 28,2020 in Kane

People often use the term "separated" to refer to married couples who have decided to end their marriage but are not yet divorced. Many people also use the term synonymously with living separately. However, there is a major difference between living separately and being legally separated. An Illinois legal separation involves a court order that binds spouses to certain terms involving property, financial support, and parental responsibility. Couples that are legally separated are still technically married and may not remarry until they get divorced.

Being Legally Separated Involves Much More Than Living Separately

There are a few reasons why a married couple may wish to be legally separated instead of divorced. Some couples simply want to avoid the finality of divorce. They may have serious marital issues to resolve but are hoping that they will be able to eventually reconcile. Other people choose to avoid divorce for religious or cultural reasons. There may also be certain financial and tax-related benefits associated with staying married. For example, an individual may wish to remain married so that he or she can continue to have access to his or her spouse’s health insurance plan or retirement benefits.

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 Posted on September 28,2020 in Main

Sexual harassment falls into two main categories. The first involves a manager, supervisor, or employer attempting to use his or her position as a means of gaining sexual favors from an applicant or current employee. The other category involves inappropriate actions that create a “hostile work environment.” In order to prove that you have been a victim of hostile work environment sexual harassment according to Title VII of the Civil Rights Act of 1964, you and your attorney will need to demonstrate that the harassment was “sufficiently severe or pervasive” to create an abusive workplace. Keeping a sexual harassment log is often the best way to ensure that you have accurate records of harassing incidents or behaviors.  

Record Every Instance of Harassment

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 Posted on September 28,2020 in Main

When someone suffers from a serious disability, he or she may need assistance in completing day-to-day activities, managing finances, and getting appropriate medical treatment. If you have a disabled loved one who needs this type of extra care, you may be interested in becoming that person’s guardian. Being the guardian of a disabled adult is a considerable responsibility and may also involve complicated legal steps. That is why it is important to hire an experienced attorney who can help you with the process of obtaining a guardianship in Illinois.

How Do I Know If My Loved One Needs a Guardian?

Sometimes, it is not easy to tell if a person is capable of adequately looking out for his or her own safety. For example, an elderly person with dementia may have some days that he or she is totally lucid and other days during which confusion and memory lapses are nearly debilitating. Guardianship of an adult is appropriate when a person is unable to make rational decisions and/or communicate his or her wishes regarding finances or personal care. A clinical evaluation is needed to determine the extent that a person’s physical, mental, or developmental disability hinders his or her ability to make safe, responsible decisions.  

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 Posted on September 22,2020 in Main

If you are planning to divorce, you may have questions about how you can protect your rights and reach a divorce settlement that is reasonable and fair. You may want the legal protection and support that comes with hiring a lawyer but are worried that bringing lawyers into the equation could make your divorce more adversarial. Whether your worries are accurate or not, there is an option in Illinois that allows divorcing couples to work with attorneys under a non-adversarial process. Collaborative divorce, or a divorce resolved by means of collaborative law, is an alternative resolution method that has helped many couples settle divorce issues without resorting to stressful and often antagonistic litigation.

What Happens During a Collaborative Divorce?

During a collaborative divorce, each spouse retains his or her own lawyer who provides legal guidance throughout the collaborative process. The spouses and their respective lawyers will work together to negotiate unresolved divorce issues during a series of informal meetings. The purpose of these meetings is not to “win” or “lose,” but instead to reach mutually agreeable solutions regarding the division of marital property and debt, spousal maintenance, child custody, and other divorce-related disputes. Once an agreement has been reached, the lawyers submit the necessary paperwork to the court and the agreements are written into the final divorce decree.

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 Posted on September 16,2020 in Kane

Disputes regarding the division of marital assets and debts, allocation of parental responsibilities and parenting time, child support, spousal maintenance, and other divorce issues can be legally complicated and emotionally exhausting. If you are ready to end your marriage, you may wonder how you can resolve these issues without your divorce case going to trial. Alternative dispute resolution (ADR) methods have helped countless divorcing couples reach an agreement about the terms of their divorce outside of the courtroom. One such ADR that may be beneficial to you is collaborative divorce.

Resolving Divorce Issues Using Collaborative Law

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 Posted on September 09,2020 in Main

There are two main categories of sexual harassment under Illinois law: hostile work environment harassment and quid pro quo harassment. A hostile work environment is caused by severe or pervasive remarks and behavior of a sexual, demeaning, or discriminatory nature, which affect a person’s ability to do his or her job. Quid pro quo harassment occurs when a person of authority such as a supervisor or boss uses his or her position to gain sexual contact with an employee or job candidate. This unlawful behavior often goes unreported in part due to the general public’s misunderstanding of what quid pro quo actually is and what they can do if they have been a victim of quid pro quo sexual harassment.

Requests for Sexual Favors Do Not Have to Be Explicit

Most of the perpetrators of quid pro quo sexual harassment are aware that their behavior is illegal and could potentially cost them their job. Consequently, most employers, supervisors, managers, or other authority figures do not explicitly ask employees for sexual favors. Instead, they imply that the employee would gain some type of benefit if he or she complied with the perpetrator’s offer for romantic or sexual contact. For example, a hiring manager may ask a job candidate out on a date during a job interview and imply that if the prospective employee goes on the date, he or she will have a better chance of getting the job.

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 Posted on August 28,2020 in Main

Millions of adults struggle with addiction and substance abuse problems in the United States. Sadly, drug and alcohol addiction can make someone a shell of who he or she was before the addiction began. Being married to an alcoholic or drug addict is often just as miserable as having the addiction yourself. In some cases, salvaging a marriage that has been devastated by drug and alcohol addiction is simply not a possibility. If you are planning to divorce your spouse and he or she has a substance abuse problem, it is important to educate yourself about how your spouse’s addiction may influence your divorce case.

Addiction May Impact Asset Division

Illinois is now a pure no-fault state when it comes to divorce. This means that you will not list your spouse’s addiction or any other fault-based grounds as the reason for your divorce. When you petition the court for a dissolution of marriage, the only ground available to you will be “irreconcilable differences.” However, your spouse’s addiction still has the potential to influence your divorce settlement. If your spouse spends a great deal of money or sells any property to finance his or her addiction, you may have a valid dissipation claim. Dissipation occurs when a spouse uses marital funds for a purpose that does not benefit the marriage after the marriage has begun to experience an “irretrievable breakdown.” The funds your spouse spends on drugs or alcohol during the end of your marriage may be considered dissipated assets. This means that you may be entitled to a proportionally greater share of the marital assets during property division as a form of reimbursement.

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 Posted on August 27,2020 in Kane

When a couple gets divorced, there are many issues that need to be addressed. The amount of child support a parent pays is calculated using the “Income Shares” model in Illinois. Both parents’ net incomes are used to determine a child support payment amount that is reasonably affordable yet still provides the recipient parent with the financial support he or she needs. However, when the parents’ circumstances change, the child support order may no longer be appropriate. If you are interested in modifying the amount you pay in child support, you will need to show that a child support modification is warranted.  

Modifying an Illinois Child Support Order

In order to qualify for a modification, you will need to show that there has been a “substantial change in circumstances” that justifies the change or that the current order does not adequately address the child’s health care needs. You may also be granted a modification if the child support obligation significantly differs from the statutory guidelines in the Illinois Marriage and Dissolution of Marriage Act.

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 Posted on August 27,2020 in Main

Sexual harassment may involve inappropriate, demeaning, or sexually explicit speech and actions at work. It may also involve an employer, supervisor, manager, or another person of authority using his or her position to solicit sexual contact from applicants or employees. Whether it is hostile work environment harassment or quid pro quo harassment, sexual harassment violates federal, state, and local laws.

Discrimination and harassment are not only immoral, but they can also cost victims their livelihoods. If you have been a victim of workplace sexual harassment, you may be considering filing a sexual harassment lawsuit and pursuing compensation for your damages. The exact amount you can gain from a successful sexual harassment claim varies significantly depending on the facts of the case and the type of harm caused by the harassment.

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