Posted on August 04, 2021 in Main

When we think of newlyweds, we typically imagine happy couples joyfully embarking on their marriage relationship. Unfortunately, for some spouses, the days, weeks, and months after the wedding are fraught with regret. If you got married and then realized that the marriage was a mistake, you may be eager to end the relationship. You may wonder whether you can get your marriage annulled. In Illinois, annulment is possible, but only under certain conditions. Married couples who do not meet the criteria for annulment must end their marriage through divorce.

Illinois Law Regarding Annulments

An annulment is referred to as a “Declaration of Invalidity of Marriage” in Illinois law. Annulments are often portrayed in pop culture as a shortcut to getting divorced. However, divorce and annulment are two completely different legal processes. Divorce ends a marriage. Annulment, on the other hand, declares that a marriage was never valid in the first place.

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 Posted on July 31, 2021 in Kane

So you are gearing up for a wedding in Illinois – congratulations! The time before your wedding can be one of the most precious and tender periods of your life. Preparing for a wedding is an exciting and exhausting process, and it is easy to let things slip through the cracks. Despite having so many things to do, one crucial thing that all couples should consider before they tie the knot is the value of a prenuptial agreement.

Nobody wants to think about their marriage ending before it begins, and some people are reluctant even to discuss a prenup with their fiancé. However, there is a way to frame a prenup that could be considered gentle and even romantic: You love your fiancé so much that, starting right now, you are going to protect their interests – even if you separate later.

A prenuptial agreement is the best way to protect your premarital assets and interests and can help you, and your spouse navigate a divorce with far less conflict in the future. Here are some things to consider as you contemplate whether you want a prenup:

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 Posted on July 30, 2021 in Main

Divorce is a distressing process that can have emotionally devastating consequences. Worse, it often comes on the heels of years of marital conflict. Understandably, divorcing spouses often feel lonely and are eager to begin dating once it becomes clear that their marriage has irreconcilably broken down. However, dating before your divorce is complete can have a negative effect on the outcome of your divorce.

Your Finances Are Under Scrutiny

One of the risks of dating someone during your divorce is that the money you spend on your new partner may be considered “dissipation of assets.” Dissipation occurs when a spouse spends money, sells property, or destroys assets near the end of the marriage on a purpose not benefiting the marriage or the other spouse. Spending money on gifts for a new romantic partner is one of the most common forms of dissipation. If your spouse files a dissipation claim against you, you may be required to reimburse the marital estate for the dissipated assets.

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 Posted on July 19, 2021 in Main

Flirting and making crude jokes with coworkers is unwise behavior for a number of reasons. Everybody has a different threshold for tolerating this behavior; what someone finds funny, someone else may find downright offensive, and what one person views as harmless flirtation may be perceived by someone else as unwanted harassment. Even a casual observer may object to behavior or language they see or overhear.

Workplaces are staffed by adults who are complex and imperfect. Many people have casual, flirtatious friendships with coworkers that, while they may be ill-advised, do not cross into the domain of sexual harassment. Yet workplace sexual harassment is common, and it is illegal. It causes negative consequences for victims and can interfere with a victim's ability to do his or her job. So how do you know if flirting has crossed a line? And if it has, what can you do about it?

Know The Definition of Sexual Harassment

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 Posted on July 12, 2021 in Main

Although most couples in Illinois typically engage in the divorce process together, in some high-conflict divorces, one spouse will refuse to cooperate in the divorce proceedings. Your spouse may become nonresponsive, refuse to negotiate, or refuse to sign divorce papers. This may be in an attempt to control you, get revenge, or even avoid legal consequences due to previous criminal behavior. Whatever the reasons, a non-cooperative spouse can derail the divorce proceedings and make your life very difficult.

Only One Party Has to Sign Divorce Papers

Fortunately, you have legal recourse to complete the divorce process, even if your spouse is noncooperative. A common misconception about Illinois divorces is that both parties need to sign the divorce papers in order to finalize the divorce, but this is not true.

You must make sure your spouse knows about the divorce filing, and then your spouse will have 30 days to respond. If they do not respond to the divorce filing, or file any motions of their own, the court can issue a Default Judgment. Notification of the pending default judgment must then be sent to your spouse.

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 Posted on July 09, 2021 in Kane

Marriages start out with high hopes and good intentions, but people are unpredictable, and some problems cannot be foreseen. Many people have heard the term “annulment” and believe it is an easy alternative to divorce for ending a marriage that recently took place, but this is not so.

From a legal perspective, in Illinois, an “annulment” is legally referred to as a “declaration of invalidity of marriage.” For the sake of brevity, we will refer to a declaration of invalidity of marriage as an annulment as we explore the difference between a divorce and an annulment and when one may be more appropriate than the other.

When Can a Marriage Be Declared Invalid?

An annulment is a court order that says a marriage is not and never was valid and should therefore not be considered legal by the state. A divorce, by comparison, is a court-ordered ending to a valid marriage.

In Illinois, there are four main reasons someone could get a marriage declared invalid:

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 Posted on July 09, 2021 in Main

Bill Cosby, 83, was released from prison on Wednesday. The Pennsylvania Supreme Court said that the district attorney who prosecuted Cosby was bound by his predecessor's promise not to bring charges against former actor and comedian. Cosby, who had been accused by around 60 women of various types of sexual misconduct, served three years of his 3-10 year prison sentence for the drugging and violating of Andrea Constand in 2004.

Many of the other accusations against Cosby are alleged to have occurred during work-related events, such as auditions or in the green room before television interviews. When such behavior occurs in a work-related setting or between people who work together, the behavior could potentially constitute sexual harassment as well as criminal sexual misconduct. Under federal law, sexual harassment is a form of workplace discrimination, and it is actionable in civil court, even if the behavior is not technically a “crime.”

Illinois Law Prohibits Workplace Sexual Harassment

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 Posted on June 29, 2021 in Kane

The spouse who files for divorce in Illinois gets to choose the location – or the “venue” – of the divorce. This means that, by filing in a particular county's circuit court, he or she decides where the divorce will take place. However, if your spouse has decided to file for divorce in a certain venue and you do not want the divorce to be handled there, you actually have the right to contest their choice of venue.

Venue vs. Jurisdiction

In order to understand why a divorce can move to a different court during a divorce case, it is important to distinguish between “venue” and “jurisdiction.” Occasionally, people will use these terms interchangeably, but they are not the same. Venue refers to the county court in which the case is heard. As stated earlier, divorce in Illinois is handled by the circuit court of the county in which the divorce is filed. The standard choice of venue is a circuit court in the county in which one or both spouses live. Jurisdiction refers to the authority of a court to hear a case. Illinois law allows jurisdiction by all county circuit courts over all divorce cases, no matter where the spouses live – if at least one spouse still lives in Illinois.

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 Posted on June 22, 2021 in Main

A settlement has been reached in a sexual harassment lawsuit against Madison County, Illinois. The substantial settlement amount – $850,000 – was awarded to the plaintiff, an employee of Madison County, who alleged that a former Madison County board member repeatedly sexually harassed her. The plaintiff then alleged that in addition to the board doing nothing to stop the harassment, she was fired for complaining.

The details in this case reflect circumstances that are often faced by victims of workplace sexual harassment. Below we will explore some of these circumstances, the relevant laws, and what you can do if you face sexual harassment at your place of employment.

A Hostile Work Environment

There are two primary categories wherein behavior of a sexual nature constitutes sufficient sexual harassment to file a civil lawsuit. One of the cases is called “quid pro quo” – when one person promises a job or a favor at work, such as a promotion, in exchange for sexual favors.

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 Posted on June 21, 2021 in Main

When a couple gets divorced in Illinois, a partner who shared their spouse's last name may decide they want their maiden name back. How this is done depends on whether the name change happens as part of the divorce decree or whether you wait until after the divorce is over.

Changing Your Name During the Divorce

A divorcing spouse can request that a change back to their maiden name be included as part of their final divorce decree. Consult your attorney to make sure that that you are given the right to resume use of a former or maiden name as part of the court order dissolving the marriage.

Generally, part of changing your name in Illinois is publishing the name change in a local public newspaper. However, if the divorce decree includes the reversion to your maiden name, you do not have to publish a notice with a newspaper; the divorce decree will be the document that public agencies will use to change your last name on official documents.

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