Posted on August 20,2020 in Main

As a part of the divorce process, divorcing parents are asked to create a parenting plan and submit it to the court. The parenting plan is a detailed description of numerous different child-related issues. Reaching a decision about each element of the parenting plan is an essential part of establishing each parent’s legal rights and responsibilities. A well-written parenting plan can also help prevent disputes about these rights and obligations in the future. However, parents sometimes struggle to see eye to eye about the issues contained in the parenting plan.

Elements Required in an Illinois Parenting Agreement

There are several different issues that all Illinois parenting plans must address. You will need to decide how you intend to make significant decisions about your child, including decisions about his or her education, religious upbringing, health needs, and extracurricular activities. Another major component of the parenting plan is a parenting time schedule which dictates where the child will live on given days. Parents must also describe how the child will be transported between the parents’ homes. The parenting plan will include provisions about each parent’s right to access important child-related information such as the child’s medical records and school reports. Provisions addressing potential future modifications of the parenting plan, any future parental relocations, the right of first refusal, and several other matters are also typically addressed.

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 Posted on August 17,2020 in Kane

During an Illinois divorce, spouses are asked to disclose detailed information about their assets, income, and debts. This information is needed to make informed decisions about property division, child support, spousal maintenance, and other concerns. Some spouses attempt to hide assets, underreport income, or otherwise falsify financial information in order to manipulate the divorce settlement in their favor. Uncovering financial fraud during divorce is often challenging and complicated – especially if a spouse owns complex assets such as stock options, real estate, trusts, or a business. In many cases, a forensic accountant may work with a divorce lawyer to investigate a spouse’s finances and reveal any deception.

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 Posted on August 13,2020 in Main

Anyone who has experienced sexual harassment at work will tell you that it takes a great deal of courage to report the harassment. Victims of discrimination or harassment may worry that their supervisors and colleagues will not believe them or even resent them for reporting the unlawful mistreatment. An even greater fear is that reporting sexual harassment will get them demoted or fired. Fortunately, Illinois law prohibits employers from retaliating against employees who file sexual harassment complaints. However, recognizing the actions or behaviors that may be considered retaliation is not always easy.  

Understanding Sexual Harassment Laws

Sexual harassment is a form of sex-based discrimination prohibited by The Civil Rights Act of 1964 and several other federal and state laws. A worker creates a hostile work environment when he or she repeatedly makes derogatory comments, remarks, or jokes about a person’s body, sexuality, or gender. Displaying sexually explicit material in the workplace, making repeated unwanted sexual advances, and touching others without consent may also be considered sexual harassment. Quid pro quo sexual harassment involves a person of authority trading sexual contact for work-related benefits or continued employment. If you have been a victim of hostile work environment harassment or quid pro quo harassment, you have a legal right to report this harassment. Your employer is required to address the harassment and ensure that it does not continue to happen.

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 Posted on July 31,2020 in Main

Child-related disputes during divorce can be particularly difficult to handle. If you and your spouse are struggling to reach an agreement about the allocation of parental responsibilities and parenting time, you may have questions about how these issues will be resolved. In any child-related legal proceeding, reaching a resolution that is in the child’s best interests is the top priority. In order to make fully informed decisions, Illinois courts sometimes utilize the expertise of a guardian ad litem.

Helping Children Have a Voice

A guardian ad litem (GAL) is a specially trained attorney who represents the child’s best interests. He or she acts as an “expert witness” during legal proceedings such as guardianship and child custody cases. A GAL will investigate the circumstances of the case and then make a recommendation to the court about what he or she thinks is best for the child. This investigation often involves a “home study” during which the GAL will visit the child’s home and evaluate his or her living situation. The GAL typically interviews the child or children involved in the dispute as well as the parents. Teachers, childcare workers, doctors, psychologists, social workers, and other adults involved in the child’s life may also be interviewed.

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 Posted on July 27,2020 in Kane

You may be surprised to find out that one in four divorces involve spouses who are over age 50. Increasingly, couples are getting divorced later in life. This so-called "gray divorce" often comes with unique challenges and complications. If you are considering divorce, one concern you may have is how the divorce will affect your retirement plans. You may question how much of the retirement account will be awarded to your spouse or worry about whether you will have the funds necessary to support yourself after you stop working.

Is My Spouse Entitled to a Portion of My Retirement Fund?

While some states divide marital property 50/50 during divorce, Illinois courts take a more nuanced approach to the division of assets. Illinois follows a legal doctrine called "equitable division," which means that marital property is divided equitably based on each spouse’s financial circumstances, health, and needs. Only marital property, or all property acquired during the marriage, is divided during a divorce. The nonmarital property, or property accumulated before the marriage, is assigned to the original owner. Typically, the portion of a retirement account that was acquired during the marriage is subject to division while the portion of the retirement account that a spouse earned before getting married is not subject to division.

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 Posted on July 24,2020 in Main

Sexual harassment is a form of discrimination prohibited by federal, state, and local laws. Although most news stories about sexual harassment focus on wealthy celebrities or politicians, research shows that workers earning lower wages are at the highest risk of this type of harassment. Men and women working in the service sector make up a large percentage of sexual harassment victims. For a variety of reasons, retail workers employed by malls, department stores, supermarkets, and convenience stores are often especially vulnerable to discrimination and harassment. With the help of a skilled attorney, they may be able to seek damages for their pain and suffering.

Factors That Lead to Harassment in the Retail Industry

Derogatory remarks, jokes about a person’s sexuality or gender, discriminatory behavior, unwanted physical contact, sexually explicit emails, and other inappropriate speech and conduct may contribute to a form of sexual harassment called hostile work environment harassment. Quid pro quo sexual harassment involves a manager, supervisor, or another person of authority attempting to trade sexual contact for work-related benefits. Retail employees of all ages, races, and ethnicities have reported being exposed to both types of sexual harassment while at work. Experts believe that the high incidence of sexual harassment in the retail industry is caused by a number of factors including low wages, ineffective reporting procedures, and inadequate employee training. Many retail workers live paycheck to paycheck and worry that if they report sexual harassment, they will be assigned fewer work hours or an undesirable work schedule, demoted to a lower-ranking position, or even fired.

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 Posted on July 24,2020 in Kane

Before you and your spouse are granted a divorce you will need to try and reach an agreement about the division of marital assets, allocation of parenting time, spousal maintenance, and other divorce matters. Resolving these issues can be a very difficult process – especially if you and your spouse do not see eye to eye. If you cannot reach an agreement about these issues on your own, one option that may help is family law mediation. The mediation process has helped countless divorcing spouses settle divorce issues so they can avoid courtroom litigation.  

What Does Divorce Mediation Entail?

Understandably, many spouses struggle to discuss divorce issues without letting emotions get in the way. Having a neutral third party who is trained in conflict resolution present throughout the process can be a huge benefit. During divorce mediation, a divorcing couple meets with a specially trained mediator to discuss and negotiate unresolved divorce issues. The mediator’s job is to facilitate productive conversations so spouses can find solutions that work for both of them.

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 Posted on July 20,2020 in Main

Grandparents are often a valuable source of love and guidance in a child’s life. In some cases, grandparents may need to take on the role of the parents in their grandchild’s life. The Illinois Department of Children and Family Services reports that there are currently more than 100,000 Illinois grandparents caring for their grandchildren on a long-term basis. If you are a grandparent who is concerned about your grandchild’s well-being, you may be interested in obtaining guardianship of your grandchild. The process of gaining guardianship of a minor child is not always easy, but it can make a big difference to a child in need of a loving home.  

Grandparent Guardianship

There are several types of guardianships recognized by Illinois law. If you acquire “guardianship of the estate,” you will be authorized to manage your grandchild’s assets and make financial decisions on behalf of your grandchild. This type of guardianship may be necessary if the child’s parents have passed away and left him or her a substantial inheritance. “Guardianship of the person” allows you to take on a parenting role in your grandchild’s life. You would be responsible for your grandchild’s daily care and authorized to make decisions about his or her education, living arrangements, and healthcare. “Plenary guardianship” authorizes an individual to make decisions about the minor’s estate as well as his or her personal care. Guardianship may be permanent or temporary depending on the child’s needs and the circumstances of the case.

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 Posted on July 14,2020 in Main

Concerns about COVID-19 have resulted in countless employees working from home. At first glance, it may seem as if remote workers are immune to sexual harassment. After all, if you are not in the office, how could you become a victim of sexual harassment? Unfortunately, many employees are still being subjected to unlawful discrimination and harassment even while working from home. If you or someone you know is experiencing any form of these unlawful acts, it is critical that you seek the guidance of a skilled attorney to protect your rights.

Email or Text Messages May Contribute to a Hostile Work Environment

According to the Equal Employment Opportunity Commission (EEOC), hostile work environment sexual harassment occurs when gender or sex-based remarks or behaviors are severe or pervasive enough to devalue working conditions and generate an abusive working environment. When most people think about sexual harassment, they assume that the abuse involves in-person remarks and behaviors. However, virtual interactions can constitute sexual harassment as well. In fact, it is often easier for a person to make inappropriate or demeaning comments to another individual online than it would be in person. Text messages, emails, and programs like Google Hangouts, Skype, and Zoom are all avenues that may be used to communicate virtually and harass an employee. Remarks made via video and audio conferencing as well as sexually explicit pictures and videos sent over the Internet may also contribute to a hostile work environment. Quid pro quo sexual harassment may occur between supervisors and employees working from home if the supervisor attempts to gain sexual favors in exchange for work benefits.   

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 Posted on June 30,2020 in Kane

Countless issues can complicate the already complex legal process of ending a marriage. One of these complicating factors is pregnancy. If you or your soon-to-be ex-spouse is pregnant, and you plan to divorce, you probably have many questions and concerns. You may wonder how parental responsibilities and parenting time will be determined, or you may have worries about child support. Getting a divorce while a spouse is pregnant is possible under Illinois law, but it can be challenging both personally and legally.

Establishing Paternity of Your New Child

Paternity refers to the legal relationship between a father and a child. Illinois law presumes that when a married woman has a child, her husband is the child’s biological and legal father. The father does not need to take any additional steps to establish paternity. This is also true if the baby was conceived while the couple was married but is born after their marriage is dissolved. A father who has established paternity has the right to parenting time and may also have certain obligations, such as child support payments.

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