Posted on October 19, 2018 in Main

Despite the romantic notion of “love at first sight,” a happy, healthy relationship does not develop overnight. It takes years of love and commitment by both partners. Likewise, very few marriages and long-term relationships fall apart all at once. Instead, in most cases, the partners begin growing apart over time as the health of the marriage deteriorates. In some situations, there may be a precipitating event—such as an episode of infidelity—that leads to a divorce, but, according to relationship experts, a struggling marriage is likely to be the result of much less dramatic, but just as serious, interpersonal issues.

Marriage and family therapists have a fairly good grasp of the problems facing unhappy couples. Some of the most common issues that ultimately lead to the breakdown of a marriage include:

Dying Curiosity

When you first dated your spouse, every conversation was exciting. You could hardly wait to learn more about him or her, what things they liked and did not like, and who they were as a person. As time goes on, couples begin to get bored, and each partner may feel like they are losing their unique identity. Experts suggest continuing to ask questions and to explore one another’s feelings and perspectives, no matter how long you have been together.

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 Posted on October 10, 2018 in Main

If you were to Google the phrase “sexual harassment,” the search engine will bring up more than 100 million results. This is probably not much of a surprise, considering the way that sexual misconduct, sexual assault, and sexual harassment have taken center stage in the public consciousness over the last year or so. Since last fall, dozens, if not hundreds, of influential individuals—most of them men—have been accused of various forms of sexual misconduct. Some are facing criminal charges while others have had their careers essentially destroyed.

While the resulting #MeToo movement has given victims of sexual misconduct the platform and the confidence to come forward with their stories, there have been unintended consequences as well. One of these is confusion among the general public about what sexual harassment is and when it is considered to be illegal.

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 Posted on October 05, 2018 in Kane

For most couples who have gone through a divorce, there was probably not a single moment that suddenly clarified their decision to end the marriage. It, more likely, was the combination of many factors that ultimately led to the split. In many cases, spouses begin to think about divorce long before it ever becomes a reality, and often ask themselves similar questions.

Before contacting a divorce attorney, you should be able to clearly address, at least in your own mind:

Do You Want a Better Marriage?

Or, do you just want out? You may recognize serious problems in your relationship, but that does not necessarily mean that you no longer want to be with your spouse. If you can identify particular areas of concern, working on your marriage may be an option. Conversely, you may be ready to be done with your spouse, realizing that your relationship is not healthy for either of you.

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 Posted on October 02, 2018 in Main

In today’s world of online help and how-to videos, some people insist on trying to do everything themselves. They learn how to fix their cars, prepare gourmet meals, and even how to identify and treat minor illnesses. While a do-it-yourself approach can be cost-effective in many situations, and it certainly instills a level of personal confidence, there are some circumstances in which avoiding the expense of professional assistance may actually cost you dearly in the long term. Beyond the finances, however, there a number of other reasons that every divorce should include, at the very least, a consultation with a qualified attorney.

Improved Organization and Control

You may have a pretty good idea of the various considerations inherent to the divorce process: divide the property, make arrangements for the children, decide upon spousal maintenance and child support, file the petition, and wait for the court. But, do you really understand each of the steps involved with every one of the listed elements of divorce, and in what order they should be completed? A lawyer, however, has handled hundreds or more divorce cases and can assist you in preparing an organized approach.

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 Posted on September 24, 2018 in Kane

Parenting after a divorce, separation, or break-up is challenging, to say the lease. If you have been allocated significantly less parenting time than your former partner, maintaining a meaningful relationship with your child can be even more difficult. What happens, though if the other parent convinces the court to restrict or limit your parenting time even further? A skilled parenting time lawyer can help you understand what recourse you may have, and work with you in taking the steps to restore your parental rights.

How Parenting Time Can Be Restricted

The driving principle of Illinois family law statutes that address children and parenting responsibilities is to serve the child’s best interests. In virtually every case, the court begins with the presumption that active participation by both parents is in the child’s best interest, and, therefore, will allocate parenting time to each parent based on the family’s circumstances. Your parenting time cannot be restricted unless the other parent can show that your lifestyle or behavior seriously endangers your child. These dangers can be to the child’s mental, moral, or physical health, as well as to his or her emotional development.

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 Posted on September 19, 2018 in Main

In February of this year, a report in Sports Illustrated alleged “numerous instances of sexual harassment and other improper workplace conduct” within the organization of the NBA’s Dallas Mavericks. Now, after a seven-month investigation, it seems that the allegations were true, at least enough to warrant action by the league. Mavericks owner Mark Cuban will also be donating $10 million to causes that support leadership and development of women in sports and that battle domestic violence.

Disturbing Allegations

The Sports Illustrated piece recounted stories told by current and former staff employees for the Mavericks organization—some of which went into fairly graphic detail. Many of the allegations were leveled against Terdema Ussery, the team’s president and CEO until 2015. According to the report, Ussery allegedly made inappropriate sexual comments to many workers, repeatedly propositioned others for sex, and even fondled others in public.

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 Posted on September 19, 2018 in Main

While most parents who are considering divorce give a great deal of thought to how their children may be affected, they may not think about the actual health impact such a decision could have. Parents and experts tend to consider the psychological and behavioral effects primarily, but research is beginning to emerge that suggests that physiological health may also be impacted years into the future.

Longitudinal Research

A recent study conducted by researchers from Penn State University and the University of Louisville looked at long-term data of nearly 15,000 men and women born in the United Kingdom in 1958. Published in the journal Longitudinal and Life Course Studies, the study sought to analyze the health impact of parental divorce at different stages in a child’s life.

The research team found that the youngest interval studied—birth to age seven—was the group most at risk for later health concerns when the child’s parents divorced. Those in that interval self-reported worse health at age 50 than those who experienced parental divorce at later ages. Divorce at the youngest interval was also linked, although not statistically significantly, with lower physical functioning and diagnosed health problems.

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 Posted on September 18, 2018 in Main

The now-ubiquitous social media hashtag #MeToo was first conceived by activist Tarana Burke several years ago. She came up with the idea of using the phrase “Me Too” to help young women who had been hurt by sexual assault, sexual exploitation, and sexual harassment have a way of signifying that they were survivors of sexual abuse. The phrase also gave advocates a way of offering support to others affected by sexual violence. The hashtag gained viral status after a popular actress and women’s rights advocate encouraged others to “tweet” #MeToo if they had been victimized by sexual harassment or assault on Twitter.

Since then, the phrase has been associated with several shocking allegations of sexual harassment and abuse. Long-time NBC news anchor Matt Lauer and media tycoon Harvey Weinstein are just two of the high-profile men accused of sexual harassment by women. However, sexual harassment does not only affect celebrities. More recently, employees working for the fast food company McDonald’s expressed their outrage over alleged company-wide sexual harassment via a strike and picket signs.

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 Posted on September 08, 2018 in Kane

In many divorce cases, finances are a major cause of contention. Depending on the complexity of a couple’s circumstances, the divorce process itself can be very expensive. In addition, divorce requires the marital estate, including all marital assets and debts, to be allocated between the parties.

When property division is left to the discretion of the court, Illinois law requires an equitable—not necessarily equal—allocation based on the consideration of a number of factors. These factors normally include the income and resources of each spouse, the contributions of each to the marital estate, and arrangements made for any children. The court must also consider claims of dissipation, or the inappropriate spending of marital assets by one spouse for purposes unrelated to the marriage. But are attorneys’ fees and other expenses of divorce considered “unrelated to the marriage?”

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 Posted on September 06, 2018 in Main

As more and more couples wait longer to enter into marriage for the first time, along with the rising prevalence of remarriage, individuals have more time than ever to accumulate wealth and property on their own. Extensive personal assets, of course, can make a subsequent divorce much more complicated, as it becomes difficult to differentiate between marital and non-marital property. For just reason, those who have started a business or obtained ownership of a company prior to marriage are encouraged to consider a prenuptial agreement to protect their interests.

Marital vs. Non-Marital Property

While the law in Illinois already provides that property or assets acquired prior to a marriage are not considered marital property, complications can still arise. For example, if your spouse owned a company before you got married, the company itself may not be part of the marital estate, but income generated by your spouse’s efforts after the marriage are usually considered to be marital. Similarly, any marital property invested into the company during your marriage may need to be reimbursed to the marital estate in the event of divorce, even as the company ownership remains non-marital.

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