Posted on March 18,2019 in Main

When parents finally reach the realization that they can no longer be happily married, their first concern is often how the divorce will affect their children. Fortunately, research has shown that children of divorced parents can thrive and be just as successful and contented as children with married parents. However, telling children about an impending divorce can be a near-monumental task to undertake. If you and your spouse have children and plan to separate or divorce, telling the children about the split may be a challenging and emotional conversation. However, there are some steps you can take to make the conversation about divorce less traumatic for you and your children.

If Possible, Tell the Kids Together

If you and your spouse are able to do so civilly, telling the children together can help them feel more secure. Presenting a united front in this way helps indicate to your children that although you may not be married to on another anymore, you will still be their parents. Telling the children as a couple also helps the children feel less obligated to pick sides. Of course, telling your kids about the split together is not always possible. Couples with extreme resentment towards each other may struggle to put the children’s needs first during the conversation and may make the situation more emotionally volatile.

Continue Reading ››

 Posted on March 13,2019 in Main

When parents get a divorce or were never married, they often wish to share custody of their children. Laws regarding child custody and visitation, officially called the allocation of parental responsibilities and parenting time, are outlined in Section 750 of the Illinois Compiled Statutes. A parent who wishes to share custody of a child must do so within the bounds of the court-ordered parental allocation judgment/agreement. Withholding parenting time from the other parent can potentially have severe consequences.

Custody Agreements Are Legally-Binding

Generally, divorced or unmarried parents have a allocation of Parental Allocation and Parenting Time Agreement that is submitted to a judge. After this agreement is approved, it becomes a legally-binding document. Parents who fail to follow the rules in the document can be considered to be in violation of the court order. Typically, one parent is designated as the parent with the majority of parenting time. Withholding parenting time from the other parent or not returning the child on schedule can result in legal consequences including contempt charges. When a parent refuses to comply with a Parental Allocation Judgment, there can be even more serious consequences. A parent who consistently does comply with the order or moves a child without notifying the other parent can have their parenting time restricted and even lose it.  

Continue Reading ››

 Posted on March 08,2019 in Main

Sexual harassment can happen to anyone. Both men and women can be perpetrators and victims of unwanted sexual attention or remarks. Sexual harassment is a type of employment discrimination protected against by Title VII of the Civil Rights Act of 1964. By law, employers must respond to and investigate allegations of sexual harassment thoroughly. This does not only apply to harassment which takes place in person. As online interactions, text messaging, email, and social media becomes more and more a part of our everyday life, more and more sexual harassment is occurring digitally. Everyone deserves to be free from sexual harassment at work.

Online Sexual Harassment Can Be Just as Destructive as In-Person Harassment

Traditionally, sexual harassment has consisted of inappropriate and demeaning remarks or behavior at work. However, as digital communication becomes more and more prevalent in workplaces, digital sexual harassment becomes more common. Digital sexual harassment can include sexually-charged or discriminating emails, text messages, forum threads, and social media posts. In Owens v. Morgan Stanley & Co., a New York district court ruled that unchecked offensive e-mail circulating within the workplace could constitute sexual harassment. However, a single inappropriate e-mail is not enough to establish a sexual harassment claim. In Strauss v. Microsoft Corp., the district court deemed jokes and sexual parodies e-mailed by a manager to employees, were evidence of sexual harassment.

Continue Reading ››

 Posted on February 26,2019 in Main

A recent study presented at this year’s Academic Surgical Congress analyzed the work environments of surgeons. A little over 1000 individuals working as surgeons in private practice, medical centers, or academic institutions, voiced their opinions about their work environment as part of the study. The results were quite distressing, but unfortunately, not surprising. Nearly 60 percent of the women surgeons had been victims of sexual harassment in the previous year alone. Women in medicine, like those in other professions, often face discrimination and sexual harassment because of their gender. If you or a loved one has experienced sexual harassment at work, you should know that there are laws designed to protect you.

Sexual Harassment Is Not Always Obvious

Unfortunately, many harassers become well practiced at hiding their inappropriate behavior from those other than their targets. Sexual harassment can include obvious behaviors as well as subtle or nonverbal behaviors. Survey responses showed that the most common harassing behaviors directed at surgeons included inappropriate verbal and physical conduct. This can include demeaning or sexually-explicit remarks and body language.

Continue Reading ››

 Posted on February 26,2019 in Kane

There are two ways a couple can legally terminate their marriage: divorce and annulment. Annulment differs significantly from divorce in that it not only ends the marriage, but declares it invalid. After a marriage has been annulled, in the eyes of the law, it’s as if the marriage never occurred. Illinois law refers to an annulment of marriage as a “judgment of invalidity.” Judgments of invalidity are granted only under very specific circumstances in Illinois. Not just any marriage is eligible for invalidation under this law.

Grounds for Invalidating a Marriage in Illinois

Many people seeking a divorce or separation may wish their marriage never happened. However, invalidity of marriage is not avavible for couples who simply regret getting married. An Illinois judge may only grant a judgment of invalidity if certain grounds, or reasons, exist. In order to request a judgment of invalidity, one or more of the following grounds must be present:

Continue Reading ››

 Posted on February 22,2019 in Main

If you plan to divorce your spouse, you have probably wondered how you will divide your accumulated assets. In Illinois, divorcing individuals are encouraged to work out how their property should be divided by agreement. However, this is not always possible. Couples getting divorced may be unable to come to a decision about who should own the house, cars, art, or other valuable items. If a couple cannot reach a decision about property on their own, a qualified mediator can help. As a last resort, courts have the authority to make property division decisions for a divorcing couple.

How Do Illinois Courts Divide Assets?

If you and your spouse cannot come to an agreement about assets, the court will. Some states simply split martial property exactly in half and assign 50 percent of the wealth to one party and 50 percent to the other party. Illinois courts, on the other hand, make property division decisions using a method called “equitable distribution.” This method divides property fairly but not necessarily equally. Only marital property is divided. Marital property generally includes any assets accumulated during the marriage as well as comingled funds.

Continue Reading ››

 Posted on February 21,2019 in Main

Deciding to end a marriage is already a tremendously difficult decision to make. Financial stressors like an overspending spouse only add to the complications associated with divorce. Unfortunately, divorce can sometimes bring out the worst in people. Some divorcing individuals make extravagant purchases before a divorce is finalized in order to get back at their soon-to-be-ex. Bitter spouses may frivolously spend money simply to keep it out of the final divorce settlement. Others use overspending as a way to cope with the emotional pain of the separation. Whatever the reason, when a spouse makes reckless financial decisions during the breakdown of a marriage, the other spouse deserves to be pardoned from those debts.

Recovering Dissipated or Wasted Assets

If you have recently learned that your soon-to-be-ex-spouse sold a valuable shared asset or spent thousands on a secret paramour, you may still be able to recover these funds. “Dissipation of assets” refers to the wasting of marital property or wealth through excessive spending, gambling, unwarranted borrowing, or fraudulent transference to a third party. A spouse who wastes funds in this way may be required to pay the marital estate back. In extreme cases of dissipation, the non-offending spouse may be given a disproportionately larger share of the remaining assets. Courts also have the authority to rescind transmissions of assets like real estate and stock if the transfer happened with fraudulent intent.

Continue Reading ››

 Posted on February 20,2019 in Main

It is an unfortunate reality that sexual harassment allegations are prevalent in the restaurant industry. In fact, over 14 percent of the 41,250 sexual harassment claims filed between 2005 and 2015 in the U.S were in the food service and hospitality sectors. One study found that 40% of women have experienced unwelcome sexual behaviors while at work. Fortunately, public perception of sexual harassment is changing, and many behaviors which were once tolerated are no longer socially acceptable.

Close Proximity and Availability of Alcohol May Contribute to Harassment Risk

There are several reasons that sexual harassment is such an issue in the food service industry. In some circumstances, restaurant owners or chefs have absolute power. If a chef who brings in massive revenue for the restaurant sexually harasses a server, the restaurant may simply fire the server. Employees who are unaware of their legal rights may assume they must tolerate unwanted attention because their immediate boss will not stop it. This is worsened by the fact that many young people work in restaurants. A young teenager at their first job may assume that all work places involve inappropriate behavior since they have no other work experience to use as a comparison. The close quarters of many restaurants can also increase the prevalence of sexual harassment. Employees who work at bars and restaurants with alcohol may have the greatest risk of being sexually harassed because of the inhibition-lowering effects of drinking.

Continue Reading ››

 Posted on February 06,2019 in Kane

If you are an unmarried parent or a parent who is getting divorced, you probably have many questions about how parental responsibilities and allocation of parenting time of your child or children will be handled by Illinois courts. If you can come to an agreement on parental responsibilities and allocation of parenting time with the child’s other parent, you and the other parent will be asked to create a parenting plan or parenting agreement. A parenting agreement is a document which you and your child’s other parent use to outline parental responsibilities and allocation of parenting time and other decisions about the child’s upbringing.

Parents have 120 days after filing a parentage action or divorce petition to file a parenting plan. This initial plan is a temporary placeholder for the more permanent parenting arrangement. This initial plan may be filed jointly or separately. Eventually, parents will be asked to agree on all of the parental duties including who will make decisions about the child as well as how the parenting time will be shared. Parents who do not reach an agreement about these issues before the “status date” will most likely be sent to mediation. Parents can be granted an extension for one of three reasons:

Continue Reading ››

 Posted on January 24,2019 in Main

Everyone deserves the right to feel safe and be free from harassment when they are at work. Unfortunately, sexual harassment continues to be a problem in the United States and around the world.

Sexual harassment, as it is defined by the law, includes “hostile work environment” harassment and “quid pro quo” harassment. When sex-based remarks, jokes, and other derogatory behavior make a work environment intolerable for employees, this is considered a hostile work environment. Quid pro quo harassment most often involves a superior attempting to garner sexual favors in exchange for work benefits. Employees are protected from both types of harassment by Title VII of the Civil Rights Act of 1964 as well as various state and local laws. If you have been a victim of sexual harassment, it is imperative that you report the harassment. Waiting to file a complaint about sexual harassment can significantly decrease the likelihood that you will receive compensation for damages.

Continue Reading ››