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Recent Blog Posts
Are Parenting Time and Parenting Plans Different for an Infant?
Getting divorced is difficult under most circumstances, but when but when an infant is involved, the allocation of parental responsibilities, parenting time, and parenting plans becomes exponentially more complex. Not only are parents adjusting to a newborn and perhaps being parents for the first time, but they are also going through the stress of a divorce.
Determining parenting time will depend on many different factors, not the least of which is whether the mother is breastfeeding. Although an infant’s needs are relatively basic, they are equally critical to the health and well-being of the child. Developmental needs, consistency, and time with both parents must all be considerations when creating a parenting time schedule.
If you are divorcing your spouse soon after your child is born, it is important that you have compassionate, experienced legal counsel in the form of a Wheaton, IL family law attorney. Your attorney can help you craft a parenting time schedule and parenting plan that will change and adapt with your child.
Cryptocurrency and the Dissipation of Marital Assets in IL
Cryptocurrency is a type of digital currency that allows people to make payments to one another through an online system. There is no legislated or even intrinsic value in cryptocurrency – it is worth what people are willing to pay. Undoubtedly, cryptocurrency is one of the hottest investments, even though some investors are not entirely sure how it works. The projected revenue in the cryptocurrency market worldwide is expected to reach 45.3 billion in 2025, and the number of cryptocurrency users is expected to reach 861 million.
Illinois is an equitable division state, which means that marital assets are divided fairly, although not necessarily equally. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), virtually all assets gained by either spouse after the marriage occurs are considered marital property, subject to equitable division during a divorce. The only time cryptocurrency would be considered non-marital property is when one spouse purchased it before the marriage or purchased it with inherited funds.
Workers Fear Retaliation After Reporting Sexual Harassment
A 2020 report found that a staggering 72 percent of those who reported sexual harassment experienced some type of retaliation. That retaliation could be a false write-up, demotion, denial of a promotion, or termination. As many as 55 percent of those who reported sexual harassment and identified the perpetrator said the perpetrator of the sexual harassment was their supervisor.
Two in five workers who reported sexual harassment said that there were no adverse repercussions for the harasser. More than one in seven people were threatened with legal action or even physical harm if they reported the sexual harassment. About 20 percent of those surveyed said that the sexual harassment they experienced had long-term, negative financial and mental health consequences.
Can Parental Rights be Terminated for Skipping Parenting Time?
Perhaps your ex has been given parenting time in the form of one weeknight per week and every other weekend. Yet, virtually every time it is his time to spend time with your two young children, he simply does not show up. In some cases, he may offer an excuse after the fact, but he appears to have zero interest in seeing his children to the point where you do not even expect him to show up anymore.
You move on with your life and meet a man whom you marry. He treats your children as his own, and you are now wondering whether you can have your ex-spouse’s parental rights terminated, allowing your husband to adopt the children. You may be surprised to find that the court is not as amenable to terminating parental rights as you expected.
While the ex in this case could agree to voluntarily have his parental rights terminated, allowing the new husband to adopt the children, Illinois has very specific grounds for the involuntary termination of parental rights. A family law attorney can help you explore your options and have your questions regarding the termination of parental rights answered.
How Workplace Sexual Harassment Affects Job Satisfaction
When a workplace is toxic as a result of chronic sexual harassment, the productivity of the employee being harassed decreases. Further, sexual harassment significantly affects job satisfaction and can lead to sexually harassed employees disengaging. One study places the loss of productivity from sexual harassment at $2.62 billion and found that women who had reported sexual harassment felt the harassment significantly undermined their job performance and job satisfaction.
Despite legislation that aims to reduce the incidence of sexual harassment in the workplace, it remains an ongoing issue experienced primarily by women – although men can be sexually harassed on the job as well and often are. If you are facing sexual harassment in the workplace, speaking to an Illinois sexual harassment attorney can be the best step you can take to protect your rights and your future.
Are There Statutes of Limitations in Illinois Family Law?
A divorce may go relatively quickly if both spouses agree on all the decisions that must be made during the process. However, when there are disagreements about marital asset division, spousal support, the allocation of parental responsibilities, or parenting time, a divorce can drag out for months—or even years.
Other family law issues, such as determining paternity, can also take time. Most people are familiar with the concept of statutes of limitations in civil lawsuits and criminal prosecutions. A statute of limitations is the time limit a person has to sue based on the date the accident occurred.
Statutes of limitations can also be a time limit for prosecutors for various aspects of criminal charges. While family law issues do not generally have statutes of limitations, they can have time limits. If you have questions regarding how long your family law issues can legally take and whether time limits are involved, your Wheaton, IL family law attorney can help.
Addressing Remote Workplace Sexual Harassment (Part 2)
Remote workplace sexual harassment can take many forms, such as a remote worker sending inappropriate text or e-mail messages, unwelcome or unwanted video calls with a sexual overtone, or social media messages to another remote worker. These forms of sexual harassment may also come from a supervisor to a remote worker.
Sexual harassment is much less visible among remote workers, with witnesses to the harassment rare. Those who are sexually harassed in a remote work situation, as well as employers of remote workers claiming sexual harassment, may not be entirely sure how to handle the situation. The best course of action is to speak to an experienced Wheaton, IL sexual harassment lawyer.
How Can Employers of Remote Workers Prevent Sexual Harassment?
It is important that employers who have remote workers foster a culture of respect, which should be reinforced through regular education and training. Even though workers are remote, each worker is required to be trained, under Illinois law, regardless of whether he or she is based in Illinois.
How Are Embryo Custody Disputes Handled in Illinois?
Virtually every divorce comes with its own set of challenges. A divorcing couple who has frozen embryos, known as assisted reproduction technology (ART), may have even bigger challenges. The 2015 Illinois Parentage Act provides guidelines for resolving ART disputes, defining legal parentage, and clarifying the rights of genetic contributors and the intended parents.
However, for a divorcing couple, the questions may include whether the frozen embryos are treated as children or whether they are considered "property." While Illinois law does offer certain guidelines, each case is unique and will depend on the specific circumstances. If you and your spouse are divorcing and you are unsure how frozen embryos will be addressed during the divorce, speak to a knowledgeable Wheaton, IL family law attorney for guidance.
After Divorce, Which Parent is Liable for a Minor Child’s Acts?
Jerry and Sue divorced several years ago. Since Jerry moved to a neighboring state after the divorce, Sue was given the right to make decisions on behalf of their son, Cody, under the allocation of parental responsibilities. Jerry has parenting time one weekend per month, but now that Cody is a teenager, scheduling conflicts mean he sees Cody every two or three months.
Jerry receives a call from Sue telling Cody and some friends vandalized a neighbor’s property. Under the Illinois Parental Responsibility Statute, Cody’s parents are responsible for covering the costs of the vandalism. Since Jerry rarely sees Cody and had no idea that Cody had been in some minor trouble for graffiti prior to this, he feels he should not be responsible for the costs.
Is My Ex-Spouse’s Estate Liable for Child Support If He Dies?
Perhaps you and your spouse divorced a year or so ago, and he is paying child support for your four young children. He has parenting time with the children and has been very good about paying child support and keeping the children on his health insurance plan through his employer. An unexpected accident ends in his death. While you may be devastated that your children have lost their other parent, you are also apprehensive about how you will support your children on your own, absent child support and health insurance.
Is the parent’s estate responsible for child support? The death of a spouse who pays spousal support usually ends that support, absent an agreement to the contrary. Child support is usually considered a different matter, as there is a strong public policy protecting minor children. If you need assistance determining whether your ex-spouse’s estate will be responsible for continuing to pay child support, speak to a knowledgeable Wheaton, IL family law attorney.


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