Posted on October 10, 2019 in Kane

If you and your spouse are having serious problems in your marriage, one of you may decide to find another place to stay while you figure out what to do next. You might, for example, stay with a family member so that you can gather your thoughts about how to proceed. This practice is so commonplace that many couples would not even consider a divorce while still sharing a home.

Just because something is a common practice, however, does not mean that it is a legal requirement. In fact, it may come as surprise to learn that Illinois law does not require any period of physical separation in most divorce cases.

Knowing the Law

Prior to 2016, a couple seeking a divorce on the grounds of irreconcilable differences—colloquially known as a “no-fault divorce”—was required to live separate and apart for two years before the divorce could be finalized. By agreement of the parties, the separation period could be lessened to six months. While Illinois courts found that “living separate and apart” could theoretically occur under the same roof, most cases saw one spouse or the other move out the marital home for at least half a year prior to the divorce being finalized.

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 Posted on October 03, 2019 in Main

Today’s world is, in many ways, more connected than ever before. Thanks to the rise of digital and online technology, it has never been easier to look for new employment or educational opportunities that may exist far from your current home. For some people, it is also relatively easy to pick up and move to a new city or state in search of a better life, but this is not the case for everyone. If you are divorced, separated, or unmarried and you and your child’s other parent share parental responsibilities, moving to a new area can be rather complicated.

How Far Is Too Far?

The Illinois Marriage and Dissolution of Marriage Act provides that any move that qualifies as a “relocation” must be approved by the court in advance. A relocation is any move by a parent with half or more of the parenting time with the child that exceeds a certain radius from the current home. If you currently live in Kane County—or Cook, DuPage, Lake, McHenry, or Will County—an in-state move of more than 25 miles is a relocation. If you currently live in any other county, a relocation is any in-state move of over 50 miles. Finally, if you live anywhere in Illinois and move more than 25 miles to a new out-of-state home, the move is considered a relocation.

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 Posted on September 26, 2019 in Main

Sexual harassment is a form of sex-based employment discrimination, and it against the law. In general, there are two primary types of workplace sexual harassment: quid pro quo harassment and hostile work environment harassment. Both can be damaging to not only the victim’s career but also to their physical and emotional well-being.

“Quid pro quo” is a phrase taken from Latin that means “something for something.” In the context of sexual harassment, it refers to a worker being offered benefits—including continued employment—in exchange for sex-related favors. A manager who promises a raise to a worker if the worker agrees to go on a date with him is probably guilty of quid pro quo harassment. Quid pro quo harassment is often fairly overt and easy to recognize, but this is not always the case with the other type of sexual harassment.

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 Posted on September 19, 2019 in Main

Ending a marriage is difficult no matter who you are, but those getting divorced after not working outside of the home in many years face added challenges. If you are considering divorce and are a homemaker or stay-at-home mother or father, you probably have many questions. Will I be awarded spousal support even if I initiate the divorce? How can I find a job to support myself without work experience? Will I receive additional child support because I do not have a job?

The answer to many of these questions will depend on your unique circumstances. If you are a stay-at-home parent or have otherwise not worked outside of the home and plan to divorce, there are a few things you should keep in mind.

You May Qualify for Spousal Maintenance

When deciding whether or not to award spousal maintenance, Illinois courts consider many factors. These include, but are not limited to:

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 Posted on September 17, 2019 in Kane

If you are a parent who is considering divorce or have already decided to end your marriage, you probably worry about how the divorce will affect your children. If you and your soon-to-be-ex spouse wish to share parenting responsibilities regarding your children, you will be required to formulate a parenting agreement. This parenting agreement must contain certain provisions, including schedules for parenting time and a determination of who will make major decisions about the child’s upbringing.

A parenting agreement can be an extremely effective tool for making sure that you and your child’s other parent are on the same page regarding parental responsibilities. A thorough parenting agreement can address co-parenting issues now and help prevent misunderstandings and conflict in the future.

What Must Be Included in an Illinois Parenting Plan?

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 Posted on September 12, 2019 in Main

Companies throughout Illinois and across the country are taking steps to prevent and combat sexual harassment in the workplace. Unfortunately, however, the problem still exists. One of the most devastating effects of sexual harassment at work is that it can make the victim feel isolated, demoralized, and unsure of how to proceed. Some victims assume that ignoring the issue will eventually make it go away, but this is rarely how things work. If you are experiencing sexual harassment in the workplace, you will need to become your own advocate and tell someone.

Moral Responsibility vs. Legal Responsibility

From a moral standpoint, your employer should conduct business in such a way that makes you feel safe at all times. A case could be made that, morally and ethically, an employer should not tolerate even a single inappropriate comment, pick-up line, or unwanted sexual advance by any of its employees.

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 Posted on September 05, 2019 in Main

The National Survey on Drug Use and Health reports that approximately 19.7 million adults in the U.S had a substance abuse disorder in 2017. Millions of other individuals struggle with other types of addictions such as gambling addiction or compulsive shopping.

If you are considering ending your marriage through divorce and your spouse is an addict, you will likely face a more challenging divorce than most. There are certain things you should keep in mind when divorcing a person with a substance abuse or addiction issue so that you can protect yourself both emotionally and financially.

Gather Important Financial Documents

Getting divorced is the end of a romantic relationship but it is also the end of a financial relationship. If you plan to divorce, make sure you collect important financial records including:

• Bank statements;
• Credit card statements;

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 Posted on September 03, 2019 in Kane

Dividing marital property is one of the challenges for any couple going through a divorce. Simply identifying marital property can prove to be an arduous process, due to the complexities of the law in Illinois and the way in which many married couples maintain their household finances. A large number of couples may find themselves dealing with commingled property, without even realizing how they got to that point.

The Basics

Illinois law provides that any property acquired by either spouse during the marriage is considered part of the marital estate, except property that was acquired through gift, legacy, or descent. The law also creates exceptions for assets received in exchange for (e.g. proceeds from selling) non-marital property, whether the original property was a gift, inheritance, or acquired before the marriage. While the law attempts to be fairly straightforward, the realities of many marriages make things considerably more complicated.

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 Posted on August 24, 2019 in Kane

Have you decided to end your marriage? If you are like most people getting divorced, you probably have concerns about how time-intensive and expensive your divorce will be. There are many factors which influence how an Illinois divorce proceeds. If you and your spouse agree on how to divide marital property, share time and responsibility of your children, and do not have disputes about other divorce issues, your divorce will likely be fairly straightforward. However, if you and your spouse disagree about divorce issues, this will increase the amount of time and money your divorce will require. Divorce litigation can be especially expensive, so most people try to avoid it whenever possible. Fortunately, there are several alternatives to courtroom litigation which can help Illinois couples reach an agreement on divorce issues. One of these methods of dispute resolution is mediation.

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 Posted on August 16, 2019 in Main

You have probably seen many news reports about sexual harassment in recent years. After the social media movement #MeToo launched in 2017, more and more people started taking workplace sexual harassment seriously. However, there is still much confusion surrounding exactly what sexual harassment is and is not. Is sexual harassment a crime? What constitutes sexual harassment? Many people are also confused as to the difference between sexual harassment, sexual assault, and “sexual misconduct.” Read on to learn about sexual harassment in Illinois and what you can do if you have been a victim of sexual harassment at work.

Defining Sexual Harassment

According to Title VII of the Civil Rights Act of 1964, employees cannot be discriminated against or treated differently because of their race, ethnicity, religion, or gender. Sexual harassment violates the Civil Rights Act as well as Illinois state laws. Unwanted physical contact, sexual or gender-related comments and jokes, sexual advances, and requests for sexual favors can all be considered harassing behaviors. These behaviors become sexual harassment when the conduct interferes with the victim’s ability to do his or her job. “Quid pro quo” sexual harassment occurs when a superior such as a boss or manager attempts to garner sexual favors from a subordinate in exchange for continued employment or workplace benefits.

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