Posted on October 26, 2020 in Kane

Some groups in the United States have experienced a drop in divorce rates. However, that is not true for older Americans. According to the National Center for Health Statistics and the U.S. Census Bureau, the number of people divorcing after the age of 50—commonly known as gray divorce—has just about doubled since 1990. Gray divorce has become increasingly more common for a few different reasons. For example, divorce has lost much of the stigma it carried years ago, and people are living longer and are not willing to stay in unfulfilling marriages.

Gray divorces often include a variety of unique financial considerations and legal issues that may not have the same importance for younger divorcing couples. Some people may worry that they will not have enough money to retire when they originally planned to. Other people may be concerned with what happens to the assets that they have accumulated throughout their years of marriage. Understanding these issues and how to deal with them is the key to a successful gray divorce.

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 Posted on October 23, 2020 in Main

Today, it is not unusual to see stories about sexual harassment or sexual misconduct on the front page of newspapers—or, perhaps more accurately, internet news feeds. This has not always been the case. For many years, sexual harassment was largely a taboo topic. Countless victims suffered in silence while the perpetrators and their employers were never held responsible for their actions.

While the modern-day discussion of sexual harassment was prompted, to a large extent, by the allegations against film mogul Harvey Weinstein and the resulting #MeToo movement, many historians suggest that specific allegations made almost 30 years ago were instrumental in creating awareness of sexual harassment for the first time in the United States.

Sex Talk on Television

In 1991, a former U.S. Department of Education staffer testified before the United States Senate Judiciary Committee regarding how she had been treated by her former boss. The woman's name was Anita Hill, and her boss was a Supreme Court nominee and federal judge Clarence Thomas. Ms. Hill worked as attorney-adviser to Thomas when he was the Assistant Secretary of the Education Department's Office for Civil Rights beginning in 1981. Thomas was named chairman of the U.S. Equal Opportunity Commission (EEOC) in 1982, and Hill went with him as an assistant. She would leave that job in 1983.

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 Posted on October 16, 2020 in Main

When divorce proceedings begin, it can throw everything else in your life into a state of uncertainty. Life continues while the legal issues are getting worked out, with bills to pay and obligations to meet. Because of this, sometimes an Illinois court will order temporary relief to one spouse in order to get through the period of the proceedings, including temporary parental responsibilities, child support, or spousal support.

Parental Responsibilities and Child Support

Most temporary relief orders asked for in Illinois courts have to do with the arrangements for any children of a divorcing couple. It is common for one parent to seek a temporary order of parenting time simply to ensure the children are permitted to remain in their current situation. Forcing children to move abruptly, only to possibly return them to the previous situation, is generally held to not be in their best interests. Alternatively, parental responsibilities can be contested for more malicious reasons. For example, in some divorce cases, particularly those that are contentious, it is not unheard of for one parent to attempt to get possession of the children solely to cause a disruption in the lives of the children and the former spouse.

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 Posted on October 12, 2020 in Kane

One of the least discussed topics before couples marry is usually finances. One of the most discussed topics when a couple decides to end their marriage, however, is usually finances. It is critical to discuss finances before marriage, and a prenuptial agreement opens the door for this very important discussion.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal document that serves as private agreement between two people who intend to marry. In a prenuptial agreement, the parties define how the couple's assets and property will be divided in the event of divorce or death. A prenuptial agreement may be narrow or broad in its scope, depending on the individual needs of the couple. The issue of spousal support may be included in the agreement, but there are no specific requirements. Without a prenuptial agreement, the couple will be required to reach an agreement later on, or their assets will be divided by the Illinois state laws governing divorce if the couple elects to terminate their marriage.

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 Posted on October 08, 2020 in Main

In recent years, sexual harassment and other types of sexual misconduct have taken center stage in the American public's consciousness. A number of high-profile Hollywood personalities, comedians, politicians, and other figures have been accused of sexual harassment, sexual assault, and more.

Sexual harassment, however, is not limited to celebrities. In fact, it is probably taking place at a bar or restaurant near you—possibly even your own workplace.

A Dangerous Profession

According to various studies, bartenders are extremely vulnerable to non-fatal, on-the-job violence—the third-most of any profession. Only law enforcement officers and those who work in security-related jobs are more at risk. Unfortunately, a large portion of such violence is linked to sexual harassment.

Bartenders are especially prone to sexual harassment for a number of reasons. First and foremost, the consumption of alcohol and the loose, party-like environment that exists in many establishments create an atmosphere that is conducive to sexual harassment. Alcohol, for many people, is a social lubricant that decreases inhibitions, especially in regard to sexual behavior. Bartenders are also typically friendly, outgoing, and perhaps even a little flirty, all of which can be construed by a drunk patron as an open invitation for sexual advances.

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 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

A single inappropriate joke or remark most likely will not constitute sexual harassment according to the law. However, an employee should speak up about any statements and behaviors that are disparaging or discriminatory in nature. Even if these actions do not represent sexual harassment in the legal sense, they are still unacceptable. When discriminatory, derogatory, or offensive remarks or behavior become so commonplace that they change the nature of the work environment, the victim may have a valid sexual harassment claim. The best way to ensure that you will have the evidence you need for a sexual harassment complaint is to create a sexual harassment log. In your records, make sure to include information about:

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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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