Mirabella, Kincaid, Frederick & Mirabella, LLC

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Latest from Mirabella, Kincaid, Frederick & Mirabella, LLC - Page 22

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Following a divorce or break-up, parents go their separate ways, often creating vastly different lifestyles from one another. In most cases, however, each parent still has the right to at least some parenting time with the child, if not significant parenting time through a shared parenting arrangement. For some parents, however, the difference in lifestyles can be particularly troubling, especially if there are concerns that the child is being negatively affected. If you have been questioning the appropriateness of the other parent’s behavior, it is important to know what you can and cannot do about it, and a family…
Continue Reading Are You Concerned for Your Child’s Safety During Your Ex’s Parenting Time?

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In the state of Illinois, the legal rights of parents are based upon the recognition of their relationship with their children. For a mother, obviously, the presumption of a legal relationship is usually very simple. For a father, however, it may not be so easy, particularly if he is not married to the mother of the child. While paternity tests and court proceedings may sometimes be required in more complicated situations, such avenues can usually be avoided by means of a Voluntary Acknowledgement of Paternity, or VAP.
VAP Basics
Under Illinois law, a VAP can be used to establish…
Continue Reading The Power of a Voluntary Acknowledgement of Paternity in Illinois

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The decision to award spousal maintenance following a divorce is one that must be considered very carefully by the court. Sometimes called alimony or spousal support, maintenance is used to lessen the financial impact of the dissolution, and to provide a measure of security for the future. The law in Illinois—and therefore the courts—presume that, if you are awarded maintenance, it should only continue as long as the need for it still exists.
Terminating Factors
When you are receiving spousal support, you probably have some idea of how long the order is scheduled to remain in effect. It may be…
Continue Reading Spousal Support and Moving in With a New Partner

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The largest restaurant ownership group in the Chicago area has been sued for sexual harassment over the group’s handling of sexual harassment and sexual assault allegations against a former wine director. According to the lawsuit, a former publicist with the group was assaulted and harassed, then retaliated against when she reported the incident.
The Alleged Incident
Several news outlets, including the Chicago Tribune, have covered the emerging situation, which involves the restaurant group Lettuce Entertain You Enterprises (LEYE). LEYE owns and operates more than 120 restaurants, most of which are in the greater Chicago area.
The initial incident reportedly took…
Continue Reading Chicago Restaurant Group Facing Sexual Harassment Lawsuit

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When you are deeply in love with your spouse, it can be nearly impossible to imagine that your spouse would ever do anything to hurt you, let alone cheat on you. To be fair, episodes of infidelity are rarely the result of a person intentionally looking to cause pain for their spouse or committed romantic partner. In many cases, in fact, unfaithfulness is often the manifestation of much deeper problems in the relationship, including a lack of communication, feelings of isolation, and discontent with one another. Infidelity, however, may be the last straw that leads the offended spouse to file…
Continue Reading How Could My Spouse’s Infidelity Impact Our Divorce?

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If you and your spouse are having serious problems in your marriage, one of you may decide to find another place to stay while you figure out what to do next. You might, for example, stay with a family member so that you can gather your thoughts about how to proceed. This practice is so commonplace that many couples would not even consider a divorce while still sharing a home.
Just because something is a common practice, however, does not mean that it is a legal requirement. In fact, it may come as surprise to learn that Illinois law does…
Continue Reading Do I Need to Move Out Before I Can File for a Divorce in Illinois?

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If you are a parent who is considering divorce or have already decided to end your marriage, you probably worry about how the divorce will affect your children. If you and your soon-to-be-ex spouse wish to share parenting responsibilities regarding your children, you will be required to formulate a parenting agreement. This parenting agreement must contain certain provisions, including schedules for parenting time and a determination of who will make major decisions about the child’s upbringing.
A parenting agreement can be an extremely effective tool for making sure that you and your child’s other parent are on the same…
Continue Reading How a Well-Written Parenting Agreement Can Help Prevent Co-Parenting Conflict Later