Recent Blog Posts

Making Summer Parenting Time Plans

 Posted on May 21, 2018 in Main

DuPage County family law attorneysIn just a short time, school-aged children throughout Northern Illinois will be exchanging their textbooks for sunscreen, as summer vacation will soon be upon us. For their part, many parents are also looking forward to a summer filled with family gatherings, day trips, and outdoor adventures. Parents who share parenting time with a former spouse or partner, however, may have to do a little extra planning before they can truly enjoy the warmer months ahead.

What Does Your Parenting Time Plan Say?

If you are subject to a child custody order—also called a parenting plan—the order may spell out summer specifics in regard to parenting time. For example, your plan may explicitly state that your children will be with the other parent for the duration of the summer break, especially if you have primary residential responsibilities during the school year. Other plans may split parenting time during the summer the same way it is divided during the non-summer months. In more casual situations, you may even have the freedom to make parenting time arrangements on a week-by-week basis with the other parent.

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NFL Cheerleaders Allege Impropriety by Team on Costa Rican Photo Shoot

 Posted on May 14, 2018 in Main

Illinois sexual harassment attorneysFor many people, professional sports cheerleaders present an ethical dilemma. On one hand, the women who are a part of professional cheerleading teams are generally independent and empowered, and they voluntarily sign up for a high-profile role within the specific organization. On the other hand, arguably professional sports cheerleaders use their physical appearance, charisma, and sex appeal to promote the team under which they are employed.

As with any profession that involves sex appeal, there are likely to be instances where cheerleaders may be placed in uncomfortable situations, some of which may even rise to the level of sexual harassment or sexual misconduct. A recent report suggests that this may have been the case for members of the Washington Redskins cheerleading team during a trip to Costa Rica in 2013.

Unexpected Spectators and More

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Options Regarding the Family Home During Divorce

 Posted on May 08, 2018 in Kane

Kane County divorce attorneyDivorce is considered to be the second-most stress-inducing life event a person can endure. Only losing a spouse through death is more stressful according to the American Institute of Stress. In addition to the emotional difficulty of ending a marriage, divorce can also bring up challenges when it comes to shared property. If you and your soon-to-be-ex-spouse own your home, you will need to decide how that asset will be divided.

Benefits of Keeping the Home

Many divorcing couples struggle with what to do with the family home when they realize their marriage is ending. A large number of couples with children decide to keep the home. They may not want to introduce too many changes to the family at once or do not want school-aged children to have to change schools. When deciding which spouse will stay in the home and which will move out, there are a few factors to consider. Which spouse will have the majority of parental responsibilities (custody)? Does the person keeping the house have the ability to maintain the property adequately? Can one spouse afford the mortgage payment on his or her own? A financial adviser or divorce attorney can help struggling couples understand their options regarding their house.

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Changes to Illinois Law Regarding Spousal Support Calculations

 Posted on May 01, 2018 in Main

DuPage County family law attorneySince 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has included a specific formula for divorce courts to use when calculating how much one spouse must pay to the other in the form of maintenance, also known as spousal support or alimony. The formula is based on each spouse’s annual income and is intended to provide additional support for spouses who earn substantially less than their partners earn. When the formula was created in 2016, it was meant to be applied in situations where the spouses earned less than $250,000 per year combined. Thanks to an update to the law that was passed last year, the formula must now be used in many more situations.

Determining the Need for Maintenance

Maintenance is not automatic in an Illinois divorce. The judge presiding over a particular case must determine if a bona fide need for spousal support exists. In making that determination, the court will consider a number of factors, including each spouse’s age, health, income, and employability, as well as the arrangements that have been made for the couple’s children, if any. The court must also take into account the length of the marriage, the standard of living established, and sacrifices or contributions made by either spouse to the other’s career.

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Restaurant Chain Faces Sexual Harassment Lawsuit

 Posted on April 26, 2018 in Main

Illinois sexual harassment lawyersThere is little question that sex sells. Sex appeal has long been used in public relations and marketing, and a few restaurant chains have made a fortune incorporating attractive, provocatively-dressed servers into their themes. One of these chains, however, is now facing allegations of bait-and-switch tactics that former employees say amounted to sexual harassment and sex discrimination in the workplace.

Orland Park Servers File EEOC Claims

Two former employees at the Orland Park, IL, location of Twin Peaks have filed complaints with the Equal Employment Opportunity Commission (EEOC). The two women allege that while they understood that sexuality would be a part of working at the hunting-lodge style sports bar and grille, the expectations placed on them changed dramatically about six months after the Orland Park location opened in April of 2016.

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Lying About Finances During Divorce Can Have Serious Consequences

 Posted on April 23, 2018 in Kane

b2ap3_thumbnail_hiding-assets-hidden-divorce-finances.jpgWhen a married couple divorces and cannot decide how their property should be divided, the courts must step in to determine the fairest division arrangement. Courts use each spouse’s self-reported financial information like income and debts to make decisions about, child support, spousal maintenance, property division, and more.

Sometimes a divorcing spouse will lie about his or her finances during a divorce. Deceit can make the divorce process much more complicated and drawn out than it would otherwise be. Someone trying to misrepresent their financial circumstances may artificially devalue their income, hide real estate, or transfer funds to unknown accounts. These actions can result in monetary penalties called sanctions among other consequences.

How Do Spouses Misrepresent Their Financial Status?

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Keep a Sexual Harassment Log to Maximize Your Chance of Winning a Discrimination Suit

 Posted on April 18, 2018 in Main

Illinois sexual harassment attorneysSexual harassment can be devastating for those victimized by it. If you are being treated inappropriately at work, you may feel embarrassed, helpless, angry, and unsure of how to respond. First and foremost, you should know that sexual harassment is never acceptable and that every person, regardless of gender or status, deserves to feel safe at work. If you are currently being sexually harassed, it is critical that you document every instance of harassment.

Sexual Harassment is Against the Law

Although some perpetrators claim otherwise, sexual harassment is against both local and federal law. Specifically, Title VII of the Civil Rights Act prohibits discrimination or harassment due to a person's sex. There are two types of sexual harassment according to the law. Quid pro quo harassment occurs when a superior encourages an employee to trade sexual favors for workplace perks or continued employment. Hostile workplace harassment includes unwelcome sexual advances, sexually-charged and offensive remarks, and inappropriate physical contact. In order to be considered illegal harassment, hostile workplace sexual harassment must be severe or pervasive enough to make the victim unable to complete his or her work.

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How Cryptocurrency Can Impact Your Divorce

 Posted on April 18, 2018 in Main

DuPage County divorce attorneyCryptocurrency is a type of digital currency which is rapidly gaining popularity. Bitcoin, Litecoin, and Ethereum are some of the most popular brands, but many other cryptocurrencies are also available. The word “cryptocurrency” refers to the fact that encryption techniques are used to safeguard transactions involving the digital asset. These currencies are popular in part because they can be exchanged in decentralized, peer-to-peer networks which are unregulated by governments. Because of the unfamiliar and shadowy nature of cryptocurrency, divorces involving such digital assets can be complex.

Cryptocurrency Treated the Same as Other Assets in Divorce

If you or your spouse has invested in Bitcoin or another type of cryptocurrency and you plan to get divorced, the currency will be subject to division along with other marital property. Illinois is an “equitable distribution” state. This means that if you purchased the cryptocurrency during the marriage, you may have to share it with your soon-to-be-ex-spouse. Illinois divides property and assets based on many factors including each spouse’s income and future employability instead of diving the property 50/50. So, it is not guaranteed that the person who purchased the cryptocurrency will end up with all of it post-divorce.

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Understanding Significant Decision-Making Responsibilities

 Posted on April 05, 2018 in Kane

Kane County family law attorneysSharing parental responsibilities can be quite complicated for divorced, separated, or unmarried parents. Each parent may have an idea of how he or she thinks the child should be raised, and such ideas often differ—even between reasonable, well-meaning parents. Conflicting ideas about parenting can create confusion for the child, which is why it is so important for parents to work together to develop a parenting plan that clearly determines what role each parent will play in making significant decisions about the child’s life. 

What Are Significant Decisions?

The Illinois Marriage and Dissolution of Marriage Act defines “significant decision-making” as “deciding issues of long-term importance in the life of a child.” The law also provides several considerations that are always considered significant decisions, such as:

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Prenuptial Agreements Are Becoming Increasingly Common with Young Couples

 Posted on April 03, 2018 in Main

Wheaton family law attorneyThe millennial generation has embraced the protective powers of prenuptial agreements more than previous generations typically did. This could be due to several factors, including the generation’s propensity for getting married later in life and being intentional with family and business decisions. A prenuptial agreement is not only for the ultra-rich or celebrities. It is a financial planning tool which can be valuable to couples whether they ever get divorced or not.

Why You Should Consider a Prenuptial Agreement

Prenuptial agreements or “prenups” have gotten a bad reputation because they are often associated with “gold-digging” celebrities. However, the reality of using a prenup is much different then television and movies would have you believe. A premarital agreement allows both parties in an engagement to make decisions about their assets and property before getting married.

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