Posted on August 21,2018 in Kane

The decision to end a marriage through divorce is not a decision anyone takes lightly. If you are pregnant and in a marriage which you believe is irretrievable, you may be considering divorce. Getting a divorce while expecting a child can be challenging. Depending on your unique situation, it may be best to stay married until after the birth of your child while in other circumstances, divorcing while pregnant might be the better option. Whether your spouse is the parent of your expectant child or the pregnancy is a result of infidelity, divorce during pregnancy can become very complicated from a legal perspective.

Illinois No Longer Requires Fault Grounds for Divorce

Expecting a child cannot disallow a woman from filing for divorce. In the state of Illinois, you also do not have to prove any reason for wanting to end your marriage. The so-called “fault grounds” for divorce in Illinois have been eliminated in favor of one option: "irreconcilable differences.” Presently in Illinois, to be granted a divorce, you must only prove that:

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 Posted on August 16,2018 in Main

If you are recently divorced or are in the process of ending a marriage that has been effectively dead for years, it is completely normal to experience feelings of loneliness and a need for companionship. A new relationship is exciting and, for someone coming out of a bad marriage, finding a new partner can be extremely cathartic. If, however, your spouse is paying you alimony—formally known as “maintenance” in Illinois law—or you are asking for maintenance in your divorce, you need to understand how a new partner could potentially affect your payments.

The Need for Spousal Support

According to the law in Illinois, maintenance is never presumed to be necessary in a divorce. Instead, it may be awarded by the court if the court determines that such payments are necessary and appropriate for the given situation. The general idea is to help a financially-disadvantaged spouse regain his or independence, if possible. In cases where independence is not possible due to age, health, or other factors, maintenance may be awarded to help a spouse maintain a reasonable standard of living.

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 Posted on August 10,2018 in Main

It is no secret that the majority of people employed in technology jobs are men. The video game development company Riot Games is no different. The company is responsible for the wildly popular game League of Legends and also for organizing eSports tournaments. Recently, the tech company has been accused of significant sexual harassment and discrimination on the basis of sex.

Video Game Developer in Hot Water Over Alleged Gender Bias

Kotaku, a video game website and blog that is part of the Gawker Media network, spoke with 28 former Riot Games employees who had a few very disconcerting things to say about the development company. Several female employees claimed that they had experienced discrimination at the company because they were women. They say that Riot Games regularly overlooked ideas coming from female employees while applauding the same ideas from men. The former employees also spoke of times that a senior female employee would be passed up for a promotion in favor of a male new hire. The women interviewed by Kotaku described the work environment at Riot games as a “bro culture.”

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 Posted on August 07,2018 in Kane

If you and your spouse will soon be getting a divorce, you probably know that you will be expected to divide your marital property between you. While you may not know exactly how that process will end up, you may already be thinking about which spouse, if either of you, will get to keep the marital home, who will get which car, and how to split the household furniture. In the stress and confusion of the divorce proceedings, however, you may be overlooking a very important—and possibly very valuable—asset. Experts claim that retirement investment accounts are the most commonly forgotten assets in divorce cases nationwide

Retirement Savings and Plans

Before marital property can be divided, both you and your spouse should provide one another with a full accounting of all of your assets and debts, even if you think he or she already knows about them. In some cases, this may require calls to old employers inquiring about the status of employer-funded retirement programs or plans. You may learn that you have forgotten about a 401(k) plan or similar account that was opened years ago. The same may be true for your spouse, and the money in such accounts, depending on when the accounts were funded, may be considered part of the marital estate.

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 Posted on August 01,2018 in Main

While it may seem that summer just started, a quick look inside any big-box store is all the proof you need that back-to-school time is right around the corner. Shelves and displays are filled with notebooks, backpacks, and pencils, and school-appropriate styles dominate the clothing racks. As a parent, you are likely to be feeling a mix of emotions about sending your children back to school. On one hand, it is a little sad that summer will soon be over, but on the other hand, you could probably stand a little extra quiet time after being around your children more consistently. If you share co-parenting responsibilities with your former partner, however, back-to-school is a perfect time to re-evaluate your rules, boundaries, and other elements of your parenting arrangements.

Talk About the Upcoming Year

It is important for both parents to know what to expect for the new school year. If you are the parent with the majority of the parenting time, you probably have a good idea of what teachers your child will have, what time the bus comes, and similar details. For the sake of your children, be sure to share this information with the other parent. You may also need to confirm that the school is aware that each parent should be receiving important notices and paperwork. If you are the parent with less parenting time, you should also check with the school to make sure you are kept in the loop.

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 Posted on July 25,2018 in Main

Sexual harassment in the workplace has never been a more hotly-debated topic. There have been laws against inappropriate sexual behavior at work for decades. Discrimination on the basis of sex has been against the law in the U.S since the 1964 Civil Rights Act. However, many instances of sexual harassment have gone unchecked throughout the years, and many people’s lives have been negatively affected as a result.

Last year, the nation was taken by storm by the viral Twitter hashtag #MeToo as thousands of men and women shared their stories of sexual harassment and sexual assault. During this time of controversy and change, it can be hard to know exactly what actions are acceptable at work and what are not. For example, should you date a co-worker? There are no easy answers, but there are some things you should keep in mind regarding romantic relationships at work.

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 Posted on July 20,2018 in Kane

When you are the one to file a divorce petition, it is up to you to decide where to file it. This means that you will select the county circuit court in which the divorce will be handled. On the other hand, if your spouse was the one to file, he or she had the opportunity to make that choice. It may come as a surprise, however, to learn that you are not automatically stuck with the decision that your soon-to-be ex-spouse made. While he or she might have gotten the ball rolling, it is your right to contest the choice of venue, but it is important to take action quickly.

What Does “Venue” Mean?

The legal term “venue” refers to the particular court in which a case is handled. At the state level, venue refers to the circuit courts of each county, and at the federal level, venue refers to specific federal district courts. As a state matter, a divorce in Illinois is handled by the circuit court of an individual county.

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 Posted on July 17,2018 in Main

It is a trope that is played out in movies and on television regularly: a married couple is unhappy—possibly even separated—but neither wants to take action and file a petition for divorce. This situation could just as easily happen in real life. For some people, there may be a psychological barrier that prevents them from being the one to formally ask for a divorce. While such feelings are understandable, you may be able to reap a few unexpected benefits by filing your divorce petition before your spouse does.

The Legal Side

From a legal perspective, there is not much advantage to be gained by being the first to file. Unlike other types of civil court proceedings, there is no burden of proof that is automatically assumed by either side. This is especially true since Illinois eliminated fault-based divorce in 2016. Technically, the spouse who files is the plaintiff or petitioner, and the other spouse is the defendant or respondent. Both parties have equal rights to make requests, present evidence, and file motions.

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 Posted on July 11,2018 in Main

In the wake of allegations of sexual misconduct against a number of high-profile individuals, it seems that public awareness of issues like workplace sexual harassment is at an all-time high. While one could certainly argue that many of the accusations were not related to employment scenarios, a large portion of them have been—at least indirectly. According to several surveys and various news outlets, the increase in awareness is having an effect on the approach that many companies are taking to address the issue.

More Than Half of Companies Have Reviewed Policies

Last month, a Chicago-based consulting company released the results of a survey it conducted, relying on answers provided by more than 150 human resources directors from across the country. The survey found that 52 percent of employers have reviewed their policies on sexual harassment since the #MeToo and #TimesUp movements began last October. Of those, nearly 60 percent made updates to their sexual harassment policies. Updates included “adding and clarifying reporting avenues and instituting ‘zero tolerance’ and anti-bullying policies when it comes to workplace harassment,” said Andrew Challenger, vice president of the consulting company that conducted the survey.

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 Posted on July 06,2018 in Kane

When you are involved in a divorce, the process can take a serious psychological and emotional toll on you. If you have children, the effects of the divorce can be even more significant. Many children whose parents get divorced tend to struggle with the situation, and they may exhibit behavioral problems, uncontrollable emotions, and signs of anxiety or depression. Divorcing parents often wonder if the court has any power to order counseling or therapy for the children and how the costs of such services will be split. Under Illinois law, a divorce judge can order counseling for children in the midst of a divorce, and the orders will depend on the family’s situation.

Custody Evaluations

The Illinois Marriage and Dissolution of Marriage Act encourages divorcing parents to negotiate an agreement about parenting arrangements for their children. If the parents cannot reach an agreement, the court will decide on such arrangements. To help the court make a decision, it may appoint an appropriately-trained professional to evaluate the child and each parent. Evaluations often include tests, interviews, and other methods of determining what the child needs. The court also has the authority to order the payment of costs for these evaluations—if they are not done by a state agency—to be split equitably between the divorcing parties.

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