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Recent Blog Posts
Keep a Sexual Harassment Log to Maximize Your Chance of Winning a Discrimination Suit
Sexual 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.
How Cryptocurrency Can Impact Your Divorce
Cryptocurrency 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.
Understanding Significant Decision-Making Responsibilities
Sharing 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:
- The child's education, including the choice of school and tutors;
Prenuptial Agreements Are Becoming Increasingly Common with Young Couples
The 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.
How Child Abuse Allegations Can Affect Your Custody Case
An estimated 676,000 American children were victims of abuse and neglect in 2015. Every year, thousands of children suffer emotional, physical, and sexual abuse at the hands of loved ones. Even more astounding, roughly 3.4 million families were investigated by child protective services agencies in 2016. While many of the reports made to child protective services end up being legitimate instances of abuse or neglect, many are not. If you are getting divorced, there are many ways that allegations of child abuse can affect your case.
If You Have Been Accused of Child Abuse
If your soon-to-be-ex-spouse has accused you of abusing a child, there are many ways this can affect the outcome of your divorce. When courts make decisions about the allocation of parental responsibilities and parenting time, (formerly child custody and visitation, respectively) they always put the best interest of the child first and foremost. Allegations of child abuse can lead to the limitation of your time with your children. If your ex has made unfounded accusations against you, it is imperative that you hire an attorney to represent you and protect your rights. An attorney can help you disprove any false allegations of wrongdoing and prevent you from losing parental responsibilities and parenting time of your child.
How Can I Get Custody of My Grandchild?
The United States is made up of family situations of all different types. Some are led by single mothers or fathers, while other families include same-sex parents. Families can include step-siblings, half siblings, multiple sets of parents, and adopted children. In addition, more and more children are being raised by grandparents. If you are a grandparent who wishes to obtain custody of your grandchildren, there are a few different ways you can go about this.
Biological Parents May Voluntarily Relinquish Their Rights
The method a grandparent must take in order to get custody of their grandchild is largely determined by the biological parents of the child. In some cases, biological parents agree to the grandparent being the primary guardian of the child. If both parents voluntarily relinquish their parental rights, the grandparent has the opportunity to adopt the child. There are many reasons that biological parents may relinquish their parental rights. Sometimes a couple knows that they are too young or otherwise ill-equipped to raise a child. Other times, issues like substance abuse or mental health prevent a parent from being able to properly care for their child.
How to Identify Subtle Sexual Harassment
There are two types of sexual harassment according to the law: quid pro quo sexual harassment and hostile workplace sexual harassment. A supervisor requiring a subordinate to perform sexual favors in order to keep his or her job, for example, is quid pro quo sexual harassment. An employee who shares sexually explicit images with coworkers or consistently asks them inappropriate questions could be contributing to a hostile work environment. Sexual harassment is not always obvious, and it may sometimes be difficult to know what constitutes harassment.
Signs of Sexual Harassment in the Workplace
Sexual harassment can include requests for sexual favors, unwelcome sexual advances, and other verbal or physical harassment of a sexual nature. In order to be considered sexual harassment by law, these behaviors generally must be severe and pervasive. The legal definition of what specific behaviors constitute sexual harassment is vague. However, workers should know that inappropriate behavior does not have to be grandiose in order to qualify as sexual harassment. Subtle signs of sexual harassment may include:
Parenting Plan FAQ's for Divorced Parents
If you are a parent who has decided to divorce, you are probably worried about how this will affect your children. Fortunately, there are many families who live in separate homes who are able to co-parent effectively and lovingly. If you are currently separated or soon will be, there are some things you should keep in mind when working on a parenting plan or custody agreement.
Who Decides on Parenting Plans?
Ideally, a child has both parents in his or her life. However, if you are getting divorced as a result of domestic violence, abuse, addiction issues, or other dangerous circumstances, it may be best not to share parental responsibilities. For those parents who wish to share the allocation of parental responsibilities, a co-parenting plan will be vital.
Parenting plans, or parenting agreements, are ultimately approved by the courts, but couples are encouraged to create their own parenting plan. A judge will always approve a parenting plan which protects the best interest of the children. Parents who fail to submit their own parenting plan to the court for approval are at risk of having the court make decisions related to parenting time and responsibilities for them.
How Do Children Adapt to Divorce?
If you are a parent and are considering filing for divorce, you are probably concerned about how the divorce will affect your child. Divorce is a challenging obstacle for anyone to overcome, and children are no exception. However, the good news is that research shows that children are remarkably resilient and with special care, children whose parents divorce can be just as happy and successful as those children whose parents stayed together.
Research Leaves Divorced Parents Hopeful
Distinguished psychologist Constance Ahrons conducted a 20-year study about children of divorce. Through her research, she found that about 80 percent of children of divorce are able to adapt to the divorce and lead happy, successful lives afterward. Put another way, the majority of children whose parents get divorced do not experience permanent damaging effects on their mental and physical wellbeing. Another piece of evidence comes from developmental psychologist E. Mavis Hetherington from the University of Virginia. She, through a study of 2,500 children of divorce, came to similar conclusions about the effect of divorce on children. In fact, the vast majority of research by child development experts and psychologists have found that divorce alone does not hurt children's social development, mental health, or school performance in the long run.
Preparing for an Imminent Divorce
It is common for divorced individuals to look back on their relationship and acknowledge that the marriage was over long before they filed a petition for divorce. While the reality is not always as obvious to those in a struggling marriage, some people are able to recognize the proverbial writing on the wall. If your marriage has reached the point where divorce is the only viable option, it is important to prepare for the difficult road that lies ahead.
Know What You Have
Regardless of whether you expect your divorce to be amicable or bitter, one of the most important first steps is to compile an inventory of everything you and your spouse own. Start by making a list of all of your major assets, including any real estate holdings, vehicles, investments, and retirement savings. Locate purchase contracts, loan documents, and account statements so that you can determine when each asset was acquired and how much it may be worth now. Once you have covered the large assets, move on to smaller things like furniture, artwork, and jewelry, again recording the item and when it was purchased.