Posted on September 15, 2024 in Family Law

If you had to deal with domestic abuse during your marriage or during your divorce, you may be anxious about whether your ex can get parenting time with your children. Domestic violence impacts thousands of Illinois families each year, and no one would dispute that domestic violence is not healthy for childhood development. Illinois courts do pay special attention to claims of domestic violence when deciding child related issues, but unless the abused spouse filed police reports and shared the abuse with friends or family members, it can be difficult to prove.

Since the courts always work toward an allocation of parental responsibilities that reflect the best interests of the child, they will not choose to put a child with a domestic abuser. However, it can be a complex issue. If you are facing a spouse who abused you during your marriage and perhaps even abused your children, you must speak to a knowledgeable St. Charles, IL child custody lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.

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 Posted on September 15, 2024 in Divorce

In some cases, a parent is looking for any reason to have the court give him or her primary custody (parenting time and decision-making authority) while the other parent receives visitation (known as parenting time in Illinois). Custody decisions can get contentious and messy, and it can take months for a judge to make a final decision. Parents have even been known to use underhanded tricks, so they will be considered the better parent by the court. One parent bad-mouthing the other to the children is so common it even has a name - parental alienation.

One parent may magnify the smallest issue to gain an advantage in the custody decision. This can include a parent's illness, among other reasons. On the flip side, a parent who has recently been diagnosed with cancer or another serious medical issue may recognize they are not able right now to be an effective parent. This could result in the other parent being given primary custody, at least for the time being. For parents whose spouse is using an illness to gain primary custody, experienced legal assistance is vital. A Wheaton, IL child custody attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC is ready to fight for you, your child, and your rights.

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 Posted on August 31, 2024 in Sexual Harassment

Every human being, no matter how enlightened, accepting, or empathetic, has biases. Biases lead to stereotypes, which build up prejudices, which lead us to discriminate (positively or negatively) against others. Cognitive bias allows human beings to analyze a new situation quickly. This helps our brains sift through the millions of pieces of information we receive, but it can also lead to errors in reasoning.

While stereotyping others can be relatively innocuous, it can also cause serious consequences for those who are stereotyped. A prime example is the fact that sexual harassment claims by "non-typical" women are often perceived as less credible. In short, less "feminine" women, as well as overweight women, may not be believed when they report sexual harassment.

Imagine being the victim of sexual harassment in the workplace, yet your story is brushed off because you do not look like others think a female harassment victim "should" look. If you are the victim of sexual harassment in the workplace, it is crucial that you speak to a knowledgeable Wheaton, IL sexual harassment lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC. We will strongly advocate on your behalf, fighting against any perceived stereotypes that could make your account of the facts less believable.   

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 Posted on August 31, 2024 in Divorce

There are plenty of things parents disagree about during a divorce, and child custody is certainly at the top of the list. In the state of Illinois, child custody is now referred to as the allocation of parental responsibilities. Judges make custody and pargeting time decisions based on the best interests of the child. Regardless of what the parents want or need, the best interests of the child always take precedence.

What happens when the best interests of the child and the rights of the parent collide? Perhaps the parents have different religions with vastly different beliefs, or one is very religious while the other is an atheist. If each parent is adamant that the child be raised according to his or her own beliefs, how will a judge make this determination? While the parents' religious beliefs will not determine custody, they could have some influence over custody decisions. 

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 Posted on August 31, 2024 in Divorce

Divorce issues, including spousal support, are usually complex and emotional. When you add a non-citizen spouse into the mix, the complexities can grow exponentially. Green card holders are immigrants to America who have permanent residence status rather than full American citizenship. This status is usually obtained through marriage to a U.S. citizen.

Few U.S. citizens who marry a non-citizen fully understand the long-term implications of signing a USCIS Form I-864, also known as an Affidavit of Support. Once signed, the I-864 form creates a sponsor obligation that requires the U.S. citizen to annually support the immigrant at an amount equal to 125 percent of the U.S. Poverty Guidelines.

The sponsor/spouse must continue to support the non-citizen spouse until he or she becomes a U.S. citizen, permanently leaves the United States, earns 40 work quarters (10 years) credited to Social Security, or dies. You may have noticed that divorce is not on the list. So, does this mean that when a U.S. Citizen divorces a spouse who has permanent residence status, the immigrant spouse will have to be supported…forever?

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 Posted on August 15, 2024 in Family Law

Only five states allow civil unions: Colorado, Hawaii, Illinois, Vermont, and New Jersey. Because civil unions are relatively rare, few people understand what they are and why someone would choose one over a more traditional marriage. While both marriage and a civil union provide legal protections and can signify commitment between two adults, there are some important distinctions between the two.

Read about the differences below, then speak to an experiencedfamily law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. (MKFM Law), to delve further into the issue. Whether you decide to enter into a traditional marriage or a civil union with your partner, having a knowledgeable St. Charles, IL family law attorney helping you with such an important decision is essential.

What is a Civil Union?

Civil unions have been allowed in the state of Illinois since 2011. Initially, civil unions provided an option for same-sex couples who wanted their relationship to be protected under state law. After the 2015 Supreme Court ruling of Obergefell v. Hodges, which made same-sex marriage legal across the United States, civil unions are still implemented for various reasons. Those entering into a civil union must be at least 18 years of age and can be the same sex or opposite sex.

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 Posted on August 15, 2024 in Family Law

Division of assets, spousal support, allocation of parental responsibility, and determination of child support are all potential areas of contention in a divorce. Despite the fact that child support is determined based on a specific formula, the parent paying child support often feels like the amount is unfair, while the parent receiving child support may feel as though it is insufficient for the actual needs of the child. When a divorce is reaching the child support determination phase, both parents will need to provide accurate financial records so a proper amount can be determined.

Although this sounds fairly straightforward, some parents may try to manipulate their financial records so they will not be required to pay as much. Some people have even been known to quit a good job so their income will be lower, resulting in lower child support payments. Whether you are in the process of determining child support or you are considering returning to court to attempt to have the amount of child support changed, having an experienced Wheaton, IL, child support attorney by your side can make the process simpler while achieving the best possible outcome.

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 Posted on July 29, 2024 in Main

 While awareness about the need to address sexual harassment in the workplace has increased over the past few decades, sexual harassment continues to affect people in many industries. People who experience sexual harassment may suffer from emotional trauma and other issues affecting their job performance, and they may also experience retaliation after reporting harassment to their employers.

If you are experiencing sexual harassment at work, documenting the harassment, its effects, and the company's response is crucial, since it can help you build a strong case for compensation for the harm you have suffered. An experienced employment litigation attorney can help you understand your rights and options and can work with you to take action against the person who committed the harassment and/or your employer.

The Importance of Documenting Sexual Harassment

By gathering evidence related to workplace sexual harassment, you can demonstrate that you have experienced harm due to inappropriate behavior by a fellow employee or a manager or supervisor. Detailed records can show a pattern of behavior while also detailing how your employer responded to reports of sexual harassment. This can also help protect you from retaliation by demonstrating that actions taken against you by your employer were done in retaliation for complaining about sexual harassment.

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 Posted on July 29, 2024 in Kane

There are numerous legal and financial considerations that need to be addressed during a divorce, particularly when children are involved. Child support orders are put in place to ensure that parents share the costs of raising their children.

However, in addition to the support paid while children are minors, parents may also be required to provide assistance as a child pursues a college education after graduating from high school. Illinois law provides guidance on how college expenses may be divided between divorced parents. An experienced attorney can help parents understand these provisions and determine their financial responsibilities during and after divorce.

Illinois Law on College Expenses After Divorce

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts have the authority to order divorced parents to contribute to their children's college expenses. This is one form of what is known as "non-minor support." The types of expenses that may be addressed as children pursue a college education include:

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 Posted on July 29, 2024 in Main

During a couple's marriage, financial decisions and planning can play a significant role in maintaining a harmonious relationship. When planning for the future, it can be beneficial for spouses to consider what might happen if their marriage were to end. Since a potential divorce could completely upend a family's financial situation, making decisions about how various issues will be handled ahead of time can provide both spouses with assurance that they will be able to meet their needs.

A postnuptial agreement can be a valuable tool, since it can allow spouses to clearly define their financial rights and responsibilities. It can also determine how various matters will be handled if the couple chooses to get divorced or legally separated. A couple can create a postnuptial agreement at any time after they get married, and an experienced attorney can help draft and negotiate terms that will help protect the needs of their client.

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