Posted on March 05, 2020 in Kane

There is absolutely no question that domestic violence continues to be a major problem in today's society. In fact, there are a number of studies that suggest that the issue may be even more serious than previously acknowledged, including many under-reported cases involving male domestic abuse victims. The physical, psychological, and emotional damage caused by violence against an intimate partner or family member can rise to tragic levels, often requiring years of recovery if and when a victim can escape an abusive situation. It is for exactly these reasons that intentionally false allegations of domestic violence are so disturbing, and such allegations can substantially affect the outcome of family-related legal concerns.

Impact to the Falsely Accused

Under Illinois law, an emergency order of protection can be issued by a judge based solely on the testimony of a victim. In a situation where there is actual violence or the threat of violence, this is entirely necessary. However, when a parent or spouse brings false allegations of violence before the court, an emergency order of protection can affect a completely innocent person. Depending upon the details included in the claim, the order can potentially prevent the accused from remaining in his or her home, seeing his or her children, or even going about the normal business of daily living. An emergency order of protection can remain in effect for up to 21 days, or until a re-hearing on the matter can be scheduled, whichever comes first.

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 Posted on March 03, 2020 in Main

As a parent, you will always want what is best for your child. By law, you also have a number of rights and responsibilities related to his or her upbringing and support. Exercising your parental rights can be challenging in the wake of divorce, especially if your ex-spouse has been allocated a majority of the parenting time and decision-making authority. When your ex-spouse gets remarried, your situation can become even more challenging, especially if his or her new partner expresses interest in legally adopting your child. If you are concerned about your parental rights being threatened, there are some steps that you can take to protect yourself.

Stepparent Adoption Requires Consent

In order for your ex's new spouse to adopt your child, in most situations, you must grant voluntary consent. This means that you willingly terminate your parental rights and responsibilities for your child, as the law permits a person to have only two legal parents. A stepparent adoption is not a mere formality; it expressly transfers full parental authority and creates a legal parent-child relationship between your son or daughter and the stepparent.

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 Posted on February 28, 2020 in Main

Sexual harassment in the workplace continues to be a major problem throughout the United States. Hostile work environment sexual harassment and quid pro quo sexual harassment are in violation of the Civil Rights Act of 1964 as well as several other state, local, and federal laws. However, many victims of sexual harassment are afraid to report instances of sexual harassment because they have signed a non-disclosure agreement. If you or someone you know has suffered workplace sexual harassment, an experienced sexual harassment lawyer can help you understand your rights and ensure these rights are protected.

How Are Non-Disclosure Agreements Used in Sexual Harassment Settlements?

A non-disclosure agreement (NDA) is a legally binding contract that limits the information that one or more parties is allowed to share. NDAs are often used in business transactions such as business purchases so that a party cannot misuse confidential information it learns about a company. However, NDAs can also influence sexual harassment cases, as they are often used in sexual harassment settlements.

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 Posted on February 21, 2020 in Kane

Divorce can be very challenging, both emotionally and legally. Most divorcing spouses disagree about at least one divorce issue and may need professional help to reach a resolution. If you and your spouse are planning to divorce and you are struggling to reach an agreement about spousal support, parental responsibilities, parenting time, property division, or any other divorce-related concern, divorce mediation may be right for you. The mediation process offers an opportunity for spouses to negotiate divorce issues without the stress and animosity associated with litigation and offers a host of other benefits.

What Does a Mediator Do?

Divorcing spouses may agree to go to mediation voluntarily or the court may require them to participate in mediation. A divorce mediator is a neutral third party who has been specially trained on how to help resolve conflict. The mediator will not side with either spouse or make decisions of behalf of the spouses. Instead, the mediator helps identify the divorce issues which remain unresolved and facilitate productive negotiation and conversation about those issues. Ending a marriage can cause spouses to experience intense feelings of disappointment or resentment. These emotions can sometimes get in the way of productive conversation and cause divorce-related discussions to turn into arguments. The mediator helps the spouses stay focused on finding solutions rather than giving into negative emotions.

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 Posted on February 18, 2020 in Main

Making the decision to get a divorce is rarely easy but divorcing with children can be especially taxing. If you and your spouse have come to the conclusion that your marriage is beyond saving, you may be researching your options for how to resolve divorce issues with minimal conflict for the sake of your children. Divorces involving parenting issues is often much different from a divorce with no children because divorcing parents typically remain at least somewhat involved in each other's lives. One way some parents are able reach an agreement about child-related issues is through a collaborative divorce.

Why Choose Collaborative Divorce?

Many divorcing spouses have trouble reaching an agreement about the terms of their divorce. When parents cannot agree on how to share parental responsibilities, formerly called child custody, or parenting time, formerly called visitation, they have several options. They can negotiate an agreement with help from their lawyers, work with a qualified mediator, resolve the issues using collaborative law, or litigate in court. Courtroom litigation is a time-consuming, expensive, and often adversarial process. Being in a courtroom can make parents feel like they are fighting against each other instead of working together for the benefit of their children. Collaborative divorce is an approach that is cooperative and non-hostile in nature. It gives parents an opportunity to work with lawyers and other professionals to reach a resolution to divorce issues that they both agree to. Furthermore, unlike during litigation, the conversations had during a collaborative divorce are confidential.

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 Posted on February 12, 2020 in Main

Title VII of the Civil Rights Act of 1964 expressly prohibits workplace discrimination on the basis of sex, national religion, race, color, national origin, and religion. In addition to this important piece of federal legislation, many other federal and state laws prohibit employer discrimination against employees. Employees who experience sexual harassment or any other type of workplace discrimination have the right to report the harassment. Employers are legally obligated to take steps to stop sexual harassment and prevent future harassment. Unfortunately, some employers attempt to retaliate against employees who report sexual harassment.

Understanding Sexual Harassment

Sexual harassment is a type of sex discrimination that involves sex-based remarks or behavior or the trading of sexual contact for work-related benefits. When an employee is a victim of sexual harassment, he or she may feel humiliated, offended, and demeaned. He or she may find it nearly impossible to do his or her job properly under these stressful conditions. No one should have to suffer through this experience.

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 Posted on February 05, 2020 in Kane

When most people think of divorce, they think about the end of a romantic relationship. However, a marriage is not only a romantic union, it is also a legal and financial union. Often, separating two spouses' finances and property is one of the most complex parts of the divorce process. This is especially true if the couple has accumulated significant assets throughout their marriage.

One of the biggest concerns many divorcing couples have is what to do with the family home. Whether or not you choose to sell your home during your divorce is completely up to you and will depend upon your family's unique circumstances and needs. If you are contemplating what to do with your home after divorce, there are a few things you should keep in mind.

Can Either Spouse Afford the Mortgage Payments?

It can be extremely difficult to give up a home that you have come to love. This is often especially true for parents with children. Many divorcing parents worry that subjecting their children to a relocation in the midst of the divorce will be too much change for the children to handle. You may also worry about moving out of your school district and forcing the children to change schools. For some couples, selling the family home simply does not make financial sense. If you or your spouse wish to keep the home, you will need to decide one spouse will manage the mortgage payments on his or her own. The spouse who takes ownership of the home may need to refinance the mortgage or it may make more financial sense to assume the existing mortgage without refinancing.

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 Posted on February 04, 2020 in Main

In television shows and movies, divorce is often portrayed as a highly-combative legal process involving more accusation and confrontation than actual problem solving. In reality, a successful divorce settlement that both parties can agree to can often be reached without the need for dramatic courtroom litigation – even when the couple disagrees about the terms of their divorce. If you are planning to divorce and you and your spouse do not agree about property distribution, parental responsibilities, or other divorce-related matters, one option that may help you reach an agreement is collaborative divorce.

Finding Creative Solutions to Divorce Disputes

Litigation can be expensive and stressful. Many individuals getting a divorce wish to resolve conflicts without adversarial court proceedings but still want a legal advocate on their side who will look out for their best interests. One way to accomplish this is through collaborative family law. In a collaborative divorce, each spouse and his or her lawyer work together to reach resolutions about family law issues in a professional and cooperative way. The parties and their lawyers will sign a “collaborative agreement” or “participation agreement” that states that all signatories will commit to finding a fair, workable divorce settlement and will abstain from bringing the case to litigation. This agreement may require the spouses and their attorneys to agree to provisions such as:

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 Posted on January 29, 2020 in Main

Sexual harassment can make a workplace unbearable. If you have been the victim of sexual harassment, you know just how demeaning this particular type of harassment can be. Sexual harassment can consist of disparaging or offensive remarks about a person's gender, unwanted sexual advances, and sexually-oriented behavior. Sexual harassment also occurs when a supervisor attempts to exchange sexual favors for employment benefits with a subordinate. One of the most important steps for anyone who has experienced sexual harassment is to keep a detailed record of each instance of harassment. This sexual harassment log will almost certainly be beneficial for recalling the details of the sexual harassment you have suffered for the purposes of filing a Charge or reporting the sexual harassment to the Illinois Department of Human Rights and/or the U.S. Equal Employment Opportunity Commission.

Proving that Harassment is Severe or Pervasive

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 Posted on January 28, 2020 in Main

Regardless of the circumstances, getting a divorce can have a dramatic impact on your mental wellbeing. Divorce can bring on feelings of failure, despair, and anxiety about the future. Some people end up developing unhealthy coping mechanisms in order to deal with the torrent of emotion following the end of a marriage. Although going through a divorce can be extremely stressful, it is not only possible to get through the rough times most people end up much happier and healthier than they were before the divorce. Mental health experts encourage anyone going through a stressful divorce to avoid these common mistakes.

Mistake 1: Being Too Hard on Yourself

If you are an overachiever, have children to care for, or have a demanding career, you may not take time for yourself very often. Mental health specialists encourage those ending a marriage to give themselves a break. Do not expect yourself to be able to function at 100 percent when you are dealing with the emotional and financial burden of a divorce. Just as your body needs rest after a physical injury, your mind needs time to heal after an emotionally-trying time too.

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