Mirabella, Kincaid, Frederick & Mirabella, LLC

Mirabella, Kincaid, Frederick & Mirabella, LLC Blogs

Blog Authors

Latest from Mirabella, Kincaid, Frederick & Mirabella, LLC

Being the victim of sexual harassment is already bad enough. People not believing you is even worse. Despite it being illegal, many people still face sexual harassment and discrimination at work. The harassment may come in the form of requests for sexual favors, derogatory comments about a person’s sexuality, offensive statements about someone’s body, or unwanted touching. Any form of sexual harassment is unacceptable. No one should have to tolerate being sexually harassed at work.
Employers Have a Legal Obligation to Investigate and Address Sexual Harassment
Did you know that per state and federal law, employers have to address sexual
Continue Reading What Should I Do If My Supervisor Doesn’t Take My Sexual Harassment Complaint Seriously?

Divorce can be daunting for anyone. Most spouses considering divorce are only vaguely aware of what the divorce process involves. They may also be juggling feelings of regret, anger, and sadness which can make the divorce process even more intimidating. Fortunately, you do not have to handle divorce on your own. An experienced divorce lawyer can guide you through the process, offering the legal advocacy you need during this difficult time.

However, no two divorce lawyers are the same. It is important that the divorce lawyer you choose has the skills and experience needed to handle your particular situation effectively.
Continue Reading 5 Questions to Ask During a Preliminary Consultation with a Divorce Lawyer

As parents age and children become adults, sometimes the parenting roles flip, and an adult child takes on a caretaking role for his or her parents. Age-related cognitive decline, Alzheimer’s disease, dementia, and physical disabilities can leave an older person unable to care for themselves. If your parent is suffering from a physical or mental disability, you may be curious about seeking guardianship.

Guardian of an Adult in Illinois
Guardianship is a legal tool that gives control of a person’s personal affairs and/or finances to someone else – often a relative of the disabled person. The Illinois probate court
Continue Reading Can I Become My Aging Parent’s Guardian in Illinois?

Sexual harassment is a form of illegal discrimination. While unlawful, sexual harassment continues to occur in DuPage County and throughout Illinois. Workplace sexual harassment falls into two broad categories: Quid pro quo harassment and hostile work environment.

Many people are unsure of what types of behaviors constitute sexual harassment. Some victims of sexual harassment convince themselves that they are overreacting or misunderstanding the situation. To be clear, anyone who feels threatened, offended, insulted, or demeaned at work should speak up. Even if the behavior has not yet crossed the line into sexual harassment, it is likely to escalate in the
Continue Reading 5 Signs You Are Being Sexually Harassed at Work

Many people assume that money is the answer to all of their problems. However, in reality, money can often make life more complicated. This is certainly the case when it comes to divorce. High net worth divorce cases usually involve a greater number of complex issues legally, financially, and personally. If you and your spouse have amassed considerable wealth and you plan to divorce, keep the following considerations in mind.
Valuing and Classifying Property May Be the Hardest Part of the Property Division Process
Deciding who gets what is often one of the most contentious parts of the divorce process. In a
Continue Reading 5 Considerations for Your High Net Worth Divorce Case in DuPage County

It is common for spouses to mutually agree that one will work outside the home, while the other stays home to raise children or manage the household. When couples in these situations divorce, the spouse who did not work for pay is often fearful about how they will support themselves going forward. Fortunately, Illinois courts consider the value of non-economic contributions made by a homemaker spouse during property division decisions.

Illinois law also offers opportunities to homemakers in the form of spousal maintenance. Working with an experienced divorce lawyer can help ensure that you take full advantage of these opportunities.
Continue Reading What is a Homemaker Spouse Entitled to in an Illinois Divorce?

Employees have the right to be free from sexual advances and offensive behavior at work. Although multiple federal and state laws prohibit sexual harassment, workplace harassment and discrimination continue to be problems in Illinois and throughout the U.S.
Unfortunately, many victims of workplace sexual harassment never report the harassment. They fear that nothing will be done to stop the harassing behavior, or worse, that they will face retaliation for reporting the harassment. If you are in this situation, you should know that retaliation is unlawful. Your employer may not “punish” you for filing a sexual harassment or discrimination complaint.
Continue Reading Sexual Harassment Victims and Retaliation: What You Should Know

Divorce can have major financial repercussions for both spouses. When divorce places a significant financial burden on a spouse, that spouse may be entitled to alimony or spousal maintenance as it is called in Illinois. However, spousal maintenance is only awarded in certain circumstances. Whether you are the family’s breadwinner or the lesser-earning spouse, it is important to know how spousal support may impact your divorce.
Entitlement to Spousal Maintenance
There are three main avenues through which spouses may receive spousal maintenance in Illinois. The first is a prenuptial agreement or postnuptial agreement. If you and your spouse signed a
Continue Reading What Are the Spousal Support Laws in DuPage County, Illinois?

Employees in the United States have options for addressing discrimination due to sexual harassment. Those who have experienced these forms of harassment in the workplace may be able to take legal action to address issues such as a hostile work environment or actions by managers or other employees that have affected their careers or their ability to maintain employment. These issues can affect workers even at high profile companies that have a positive reputation. This was recently demonstrated in a lawsuit filed against Tesla, the maker of electric vehicles.
Lawsuit Alleges Sexual Comments and Other Forms of Harassment
In
Continue Reading Factory Worker Sues Tesla for Sexual Harassment

When a couple divorces, they must determine how to divide the property they accumulated during the marriage. According to Illinois law, nearly every asset that a couple obtains during the marriage is considered marital property in a divorce. Assets that were obtained before the divorce are nonmarital or separate property – with some exceptions.

If you are getting divorced, you may have questions about how your retirement assets will be handled. You may ask, “Does my spouse get a portion of my retirement funds?” Or “Will I have enough money to retire if I get divorced?”
Who Gets Retirement
Continue Reading Do I Have to Share My Retirement Savings with My Spouse If We Divorce?

Did you know that experts consider divorce to be one of the most stressful life events a person can experience? Getting divorced can take a major toll on your mental health. It can be even harder to cope with a divorce or separation during the holidays. If you are in the midst of a divorce, consider the following tips for reducing your stress.
Accept Your Feelings and Do Not Bottle Emotions
Experts liken getting divorced to losing a loved one. Many divorcing spouses go through the same stages of grief that someone mourning a death would go through. You may
Continue Reading Getting Divorced During the Holidays? Consider These Tips.

Child support helps parents pay for housing, childcare, education and extracurriculars, and other child-related expenses. Illinois courts use an Income Shares Model to calculate child support payments. This model uses both spouses’ net incomes to determine a child support payment amount that provides the needed financial support without overburdening the paying parent. However, determining child support is not always as straightforward as it may seem. One situation that can make child support calculations more complicated is a parent’s unemployment.
Is an Unemployed Parent Required to Pay Child Support?
Illinois courts prioritize a child’s best interests above all else during
Continue Reading Unemployment and Child Support: Your Questions Answered

The fast-food chain McDonald’s has been one of the most popular restaurants in Chicago and across the U.S. for decades. However, the restaurant’s reputation has been soiled by what many employees are calling ongoing, unaddressed sexual harassment against workers. Just recently, McDonald’s staff in cities throughout the country walked off the job in protest of workplace sexual harassment. This walk-off is not the first of its kind. In fact, McDonald’s workers have organized strikes multiple times in the past over allegations of discriminatory actions and workplace harassment issues.
Restaurant Workers Say They Were Verbally and Physically Harassed
Workers should be
Continue Reading McDonald’s Employees Continue Efforts to Curb Sexual Harassment

Reaching the decision to divorce can be just as difficult as the divorce itself. Married couples may try to make the marriage work for years before finally admitting defeat. Typically, by the time a couple files a Petition for Dissolution of Marriage, the marriage is beyond saving. However, relationships are complex and sometimes, a divorcing couple changes their mind. Read on to learn about your options if you have changed your mind about ending your marriage through a divorce in Kane County.
Filling a Motion to Dismiss Divorce Proceedings
Divorce is final. Once a divorce is complete, the spouses’ marriage
Continue Reading What If I Change My Mind About Divorce?

There is no getting around the fact that divorce has considerable financial implications for both spouses. Going from a two-income household to a one-income household can turn your life upside down. The division of property and debts, spousal maintenance, and child support can also change your financial situation substantially. When starting the divorce process, spouses must consider the role of finances and make plans to prioritize their post-divorce financial wellbeing. For many divorcing spouses, this requires an honest assessment of their financial situation – perhaps for the first time ever.
Do Not Wait to Educate Yourself About Your Finances
Many
Continue Reading Ignorance About Finances Can Leave You Vulnerable During Divorce

Sexual harassment is considered a form of illegal sex-based or gender-based discrimination. Every employee deserves to work in an environment where they feel safe and respected. Despite numerous federal and state laws designed to protect workers from sexual harassment and discrimination, unlawful harassment continues in workplaces across the United States.
When most people think about sexual harassment, they assume that the harassment involved opposite-sex individuals – usually a male aggressor and a female victim. However, sexual harassment does not always follow this stereotype. Sexual harassment victims and perpetrators can be of either gender. Sometimes, the victim and the perpetrator are
Continue Reading LGBT Individuals Who Suffer from Sexual Harassment Face Unique Challenges