Posted on December 07, 2018 in Kane

If you are in the midst of a tumultuous marriage—or a marriage that lacks the warmth and contentment for which you were hoping—you may have given some thought to a trial separation. In fact, you may have already spent several weeks staying with a friend or family member as you considered whether to file for divorce.

These situations occur frequently enough that they are practically formulaic in today’s culture. A married couple grows apart, one spouse moves out, and, in many cases, a divorce eventually ensues. Common practices, however, are not equivalent to statutory requirements. The fact that most people do something a certain way does not mean that you must do the same in a similar situation. Such is the case with a period of separation prior to divorce, at least according to Illinois law.

The Difference Between Legal Separation and Living Separate and Apart

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 Posted on December 03, 2018 in Main

Whether you have been divorced for years, or you are only starting the process of ending your marriage, separated parents have many challenges during the holidays. You may feel like it is nearly impossible to get through Christmas, Hanukah, Kwanzaa or other special holidays as a divorced person. However, experts do have some tips for divorced parents which may make your holiday season a little more manageable.

Avoid Bottling Up Your Emotions

Many parents who get divorced are hyper-focused on how the divorce will affect their children. While making sure your children are comfortable is an admirable and important part of being a parent, experts say divorced parents should be careful not to neglect their own emotional needs. Many people experience divorce in a similar way to loss. If you are ending your marriage, you may experience feelings of anger, grief, despair, and even relief. Talking about these feelings with a trusted friend or therapist can help you manage them.

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 Posted on November 28, 2018 in Main

Over the last year, national news headlines have been dominated by one story after the next about allegations of sexual harassment, sexual assault, and other types of inappropriate sexual behavior. While they have different names depending on the jurisdiction, sexual assault and other types of unwelcome sexual contact are criminal acts. Sexual harassment, however, is a different story. By law, sexual harassment is a form of sex-based employment discrimination. While it is still illegal, it is a matter that is handled through state and federal agencies, as well as the civil court system.

Because it is an employment-related matter, sexual harassment is also somewhat easier to recognize and address than acts of sexual violence often are. Sexual harassment can even be prevented and avoided if those who work together are willing to have open and honest conversations about the topic. Depending on where you work, management may be willing to facilitate such discussion. If a formal meeting is not feasible, consider opening lines of communication with your coworkers on your own—regardless of your gender or your previous experience with sexual harassment.

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 Posted on November 20, 2018 in Kane

If you are a divorced, separated, or unmarried parent, holidays can present a number of rather unique challenges. In most families, holidays are a time for getting together with loved ones, many of whom have not seen one another in some time—possibly since the same holiday last year. Of course, parents want their children to be part of the festivities and to visit with family members who may have traveled a great distance for the occasion. If you are subject to a court-approved parenting plan, however, it may take some negotiation to figure out where your children will be spending the holidays.

Do Not Wait

While it may not seem possible, Thanksgiving is just a few short days away. This means that you and your child’s other parent should not delay in making plans regarding your holiday parenting time. The first thing you should do, however, is to check your parenting plan document, as many such plans contain a holiday parenting time schedule created years in advance to reduce confusion. If your plan does not include a holiday schedule or provides that you will negotiate a reasonable agreement each year, it is time to start preparing for winter holidays.

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 Posted on November 16, 2018 in Main

If you and your spouse are considering calling it quits, you probably have a thousand questions. One of these questions may be, “How will we divide our property during the divorce?” When two people marry, they not only combine their lives but also their material possessions and wealth. Sometimes untangling marital assets can be a challenging and time-consuming endeavor. However, being educated about what the property division process entails can help you be better prepared and eliminate some of the stress associated with the divorce process.

Separate Property Versus Marital Property

If divorcing couples can, they may decide how to divide their property on their own without court intervention. However, when couples cannot agree on how to divide assets, the court must step in. Illinois divides property based on a system called “equitable distribution.” First, it is determined what property is marital (shared) and what property is non-marital or separate. Generally, marital property includes any assets or funds acquired during the marriage. Non-marital property includes property which a spouse acquired before getting married, as well as certain gifts and inheritances. The court will only divide marital property or those assets which have been commingled.

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 Posted on November 12, 2018 in Main

Two technology industry giants have recently made dramatic changes to their sexual harassment policies. Prior to this change, both Google and Facebook required employees to settle sexual harassment claims only through private arbitration. However, Google and Facebook employees will now be able to pursue sexual harassment claims in court.

Google’s announcement that they were changing this policy came after nearly 20,000 employees staged a walkout to protest the way the company manages sexual harassment allegations. Facebook made the change just one day after Google’s announcement. The new sexual harassment policies adopted by Facebook and Google will apply only to sexual harassment or assault claims. The policy does not apply to other types of discrimination complaints. 

Many Believe Forced Arbitration is Unconstitutional

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 Posted on November 07, 2018 in Kane

Divorce is almost always difficult. Even making the initial decision to leave your spouse can be extremely challenging. What follows is a process of untangling lives, separating assets, and allocating property fairly to each party. For those with substantial assets, however, divorce can be even more complicated. High-asset divorce is tricky for a number of reasons, and it is important that those divorcing with high-value assets choose an attorney with the knowledge and skill to properly assist their clients. Why is high-asset divorce more complicated? Most divorcing couples want to ensure they receive a fair settlement and that their assets are protected. The more assets a couple has, however, the more difficult separating them becomes.

Finding Assets

When a couple with significant wealth decides to separate, they must disclose all of their assets so that the marital estate can be properly divided. This can be difficult, as many high-net worth individuals have their money stored in a variety of different places. Retirement accounts, valuable items, off-shore investments, real estate, and all other assets must be located, disclosed, valued and equitably divided during divorce.

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 Posted on November 01, 2018 in Main

If you are a stay-at-home parent on the verge of divorce, your life is likely to change dramatically. The very nature of a stay-at-home mom or dad—as opposed to a parent who works from home—means that he or she relies on his or her spouse to provide financially for the family. In the wake of divorce, a stay-at-home parent could be at a very serious disadvantage. Fortunately, such parents often have a number of options available to help offset some of the financial effects of a divorce, and a seasoned family law attorney can assist you in exploring them all.

Spousal Support

Maintenance—also called alimony—is one of the most common tools that the courts use to help stay-at-home parents following a divorce. According to Illinois law, the court has the authority to order maintenance if either spouse has a legitimate need. The court must consider a number of factors in determining such a need, and your stay-at-home parent status is certainly one of them, but that alone is not necessarily enough to justify an award.

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 Posted on October 29, 2018 in Main

 Sexual harassment is a form of sex-based employment discrimination prohibited by several state and federal laws. Employers cannot treat employees differently or give them different opportunities simply on the basis of sex alone.

The two types of sexual harassment recognized by the law are “quid pro quo” harassment and “hostile environment” harassment. The first happens when a superior or other person of authority attempts to garner sexual favors from employees in exchange for work benefits or promotions. An employer threatening to fire an employee who refuses his or her sexual advances is also committing quid pro quo harassment. Hostile environment harassment can include persistent comments, jokes, or physical contact which leaves an employee so disturbed, he or she is unable to do his or her job. If you have been sexually harassed, one of the most important steps you will need to take in order to bring your harasser to justice is to keep a sexual harassment log.

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 Posted on October 22, 2018 in Kane

There is little question that divorce can be a messy, often traumatic process. Unresolved anger and fear of an uncertain future can lead to a long, drawn-out proceeding that costs both spouses significant time, money, and energy. In many cases, a bitter, contentious divorce can destroy what was once a loving relationship, making it nearly impossible for the parties to even be in the same room for years into the future. Divorce, however, does not need to be this way. In fact, with a little work and the right attitude, a couple may find that an uncontested divorce may provide an opportunity to move forward with their lives more quickly and at much less expense.

Amicable or Uncontested Divorce

Sometimes referred to as an amicable divorce, an uncontested divorce is one that does not require the court to get involved in settling differences or ruling on issues between the spouses. Instead, the couple is able to reach a workable agreement regarding all of the necessary considerations, including:

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