DuPage County divorce attorney, infidelity, infidelity and divorce, marital property division, Illinois divorce casesNot long ago, proof of infidelity (adultery) was enough grounds to have a serious impact on how a judge made decisions regarding divorce. A wife who was found cheating may have been denied alimony. A father who cheated may have lost his custodial rights over his children. And generations before that when patriarchy was even more prominent than today, adultery was actually considered a crime, though generally only women were punished.

Does infidelity have much influence on today’s divorces? Not really. In fact, adultery in and of itself should have no sway over any divorce decision, including that of alimony, child custody, visitation, or asset division.

The Court Favors the Child’s Best Interests and What is Fair

When divorce cases are settled in court, which is rare, the judge makes decisions regarding child custody, alimony, and asset division based on the following circumstances:

  • Child Custody: What is in the child’s best interests? If the spouse who cheated on the other spouse is a caring and responsible parent, the infidelity should have no influence over child custody or visitation. Under statute 750 ILCS 5, the court will choose a parenting plan based on the best interests and welfare of the child; and

  • Alimony and Marital Property Division: Under statute 750 ILCS 5/503, marital property in Illinois is not divided equally, but “fairly.” Illinois is an equitable division state, meaning that marital property is divided based on a variety of factors, including income of each spouse, age and health of each spouse, length of marriage, whether the lower earning spouse sacrificed his or her own career to further the career of the other, non-economic duties of each spouse such as child raising, and much more. Alimony decisions are also based on these criteria, among others, and rarely have anything to do with questions of infidelity.

The Circumstances Surrounding the Adultery Could Affect Divorce Decisions

Only in a few circumstances will adultery affect divorce decisions made by a judge. For example, marital property division could be affected if the husband who was cheating gave money to his mistress to support her. Or, if he cheated in front of his child, or exposed his child to dangerous individuals, that may jeopardize his custody or visitation rights because it shows a lack of parenting ability to make safe and responsible decisions.

Reach Out to a DuPage Family Law Attorney Today

The skilled DuPage County divorce attorneys of Momkus McCluskey Roberts LLC are here to help you with your divorce. We are capable of handling complex and contentious divorce cases in court, mediation, and arbitration, as well as more amicable divorces that can be solved by collaborating with the other party. Do not hesitate to call us at once to schedule a consultation.



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DuPage County divorce attorney, Illinois divorce process, marital assets, pet owners, pets and divorcePet owners who are going through a divorce in 2018 will get an opportunity to petition for joint or sole possession of their family pet as part of the divorce process under new changes to Illinois law. These changes to the Illinois Marriage and Dissolution of Marriage Act will make a major difference to pet owners who could not previously seek to keep their pets in the same way as the new law provides, unless they had an agreement with the other spouse and pet owner.

Under the new changes to Illinois law that took effect on January 1, 2018, family pets will be treated much in the same way children are in a divorce, even though they will still be considered marital assets. The judge will be able to make a determination of which spouse should keep the pet in a divorce based on the best interests of the pet. The law will apply to pets that are not service animals.

Before this change in Illinois law, a pet was considered property, and in a divorce, the judge granted ownership of the pet in line with the equitable division of the marital property. Generally, the judge did not consider the well-being of the pet in deciding which spouse kept the pet, and sometimes the spouse who cared most for the pet was not able to keep the pet after the divorce.

Courts may rely on different factors and evidence in order to determine the well-being of a pet. The court may consider which spouse primarily cared for the pet—for example, which spouse routinely fed and walked the pet or took it to the vet. There could be situations where testimony is considered in order to show the judge that one spouse would be a better caregiver than the other.

The law does not change the fact that a divorcing couple can enter into an agreement as to which person will keep the pet after the divorce. The terms of these agreements can be decided between the parties and a spouse can agree to give up possession of a pet to the other spouse in exchange for receiving another asset. The spouses can also agree to jointly own the pet, and agree to a schedule during which each person can see the pet each week or month.

Contact Us for Legal Assistance

If you are a pet owner filing for divorce or are in the midst of a divorce in the New Year, you may have a new way to ensure that you are not separated from a beloved pet after the divorce is concluded. For more information about how these new changes to the law may affect you, contact a passionate DuPage County divorce attorney at Momkus McCluskey Roberts LLC for a consultation.



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derivative lawsuit, DuPage County business attorneys, Illinois corporations, shareholder derivative lawsuits, shareholder demandShareholders in Illinois corporations are allowed to bring a lawsuit on behalf of the corporation for wrongful actions taken against the corporation, usually as a result of misconduct by the directors or officers of the corporation. Shareholders who file derivative lawsuits are not compensated personally if the derivative lawsuit is successful. Shareholders may be able to benefit indirectly from an increased value in their shares after the success of the lawsuit.

When shareholders learn of the wrongs against the corporation, they may first try to communicate with an official or director in an effort to fix the problem. However, if this does not work, the shareholder can then file a derivative lawsuit. The shareholder’s demand to the corporation is a required prerequisite to filing the lawsuit, unless the shareholder can explain his or her failure to have made a demand. The demand should clearly outline the error the shareholder has identified and should ask that the directors or officials take action to correct the error.

Once a demand is made, a corporation may start an investigation into the allegations in order to decide what action to take next. If the investigation is not yet completed and the shareholder proceeds to file a lawsuit, the court can stay the lawsuit—essentially pausing it—until the investigation is completed or for 30 days. The corporation cannot drag out the investigation indefinitely because the court only stays the case up to 30 days.

A shareholder needs to have standing in order to file a derivative lawsuit. A shareholder generally has standing to bring the lawsuit if he or she owned shares at the time of the misconduct alleged in the lawsuit. However, in some situations, a judge may allow a shareholder who does not meet the general requirements to file the derivative lawsuit anyway.

Derivative lawsuits can be settled if the corporation and the shareholders agree to a settlement, but any settlement or dismissal of the lawsuit requires the court’s approval. Even though one shareholder can bring the lawsuit alone, the court may require notice to other shareholders before approving a settlement between the corporation and the suing shareholder.

Contact an Experienced Business Attorney

Shareholders are legally allowed to have access to the financial records of the corporation. If a shareholder exercises this right and finds errors in the records that point to wrongdoing, the shareholder may make a demand for further action. It is best never to ignore these demands.

If you are a director or official of a corporation, and are worried about the implication of a shareholder demand, you should speak to an experienced business attorney before you take any further action. For more information on how we can assist your business, contact the passionate DuPage County business attorneys at Momkus McCluskey Roberts, LLC for a consultation.



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business management, business success, DuPage County business and employment law attorney, talent retention, employee turnoverRetaining key employees is important to all businesses—in the long run, it saves businesses money. Employee turnover hurts businesses in terms of training new employees, losing institutional knowledge, and even the possibility of a dip in reputation based on losing good employees. Moreover, when employees are not restricted by non-compete agreements, there is the possibility an employee may open up competing businesses after he or she leaves the business, and therefore cost the business more lost revenue.

Retaining talented employees in a business requires a well thought out plan that considers both the employee’s talent and capacity to deliver, and the business’s ability to compensate the employee. Compensation is an important part of employee retention; however, the overall goal of reducing employee turnover goes beyond giving out raises because raises can be matched by other businesses. Talent retention involves trying to make the employee’s work-life more satisfying.

Supervisor actions can directly affect the employees they oversee, and can make the difference between an employee remaining in his or her position or quitting. Management should ensure that they have a supervision system in place that allows employees to report supervisor mistreatment without fear of retaliation. Supervisors should also be trained in order to be better managers.

Employees who are not part of management should additionally receive mentorship and training opportunities in order to excel at their jobs. These kinds of programs can help an employee feel that the business is invested in seeing him or her succeed, which may translate into increased productivity.

Businesses can also explore how the use of technology can help them allow their employees to have a healthier work-life balance. If possible, business can offer  opportunities for employees to telecommute or come in to work on flexible schedules. In some situations, employees may appreciate these kinds of work perks as positives that help offset lower pay.

Seeking employee feedback on how to improve can also be a great way for a business to keep track of serious grievances and stop employees from leaving abruptly. The grievance process can be anonymous if it would encourage employee participation. In addition, employers can consider using 360 evaluations, where employees review their supervisors during the annual review period, just as their supervisors review them. This kind of ongoing or routine evaluation process would help employers keep track of supervisor problems of which they may not be aware.

Contact Us for Legal Assistance

Employee issues can often raise legal issues for a business in ways that management may not foresee. It is always a good idea to have input from an experienced DuPage County business and employment law attorney when implementing procedures that could affect employees in your business. For a consultation to learn more about how we can help your business succeed, contact us at Momkus McCluskey Roberts, LLC today.



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children and divorce, consultation with your attorney, divorce process, DuPage County divorce attorney, cost of divorceGoing through a divorce can be a confusing and emotionally taxing time in a person’s life. There are many decisions to be made about how life will move forward after the divorce, and one of the most important decisions to be made is who to hire as your divorce attorney.

It is a good idea to meet with several attorneys, if possible, before making a final decision. Moreover, it is additionally important to prepare for each initial meeting.

Depending on how you want to handle your divorce, you can ask your divorce attorney if he or she has experience with mediation and arbitration. Take the opportunity to learn about mediation and what steps the attorney would implement if mediation does not work. Remember, however, that medication will not be an option if your spouse refuses to mediate.

You should also ask about the average or estimated cost of the divorce, and how the attorney will charge you. Whether the attorney charges a flat fee versus a per hour fee can make a difference to the overall cost of the divorce. Along this line, ask the attorney who else will be working on your case, and how the services for that person’s work will be charged. Remember to ask whether the fees the attorney charges will be required in one lump sum, or if you can work with a payment plan.

Communication with your attorney is very important when you are going through a divorce, especially if you have children. Therefore, it is important to ensure that you can reach your attorney at reasonable hours during the work day, and in an emergency. You should ask the attorney how he or she prefers to communicate—by email or telephone—and how long he or she regularly takes to return calls from a client if he or she is unavailable when the client calls.

Additionally, if you have children, you want to find out if the attorney has any experience dealing with child-related issues in a divorce. Child-related issues can sometimes be the only factor that parents cannot agree on when it comes to settling the divorce. It is important to have an attorney who has experience in these matters so you can find out more about your chances of having primary parental responsibility when it comes to your children.

Contact Us for Legal Assistance

If you have made the decision to file for divorce, or have been served with papers indicating your spouse has filed for divorce, you need to hire an experienced divorce attorney as soon as possible. To schedule a consultation with our compassionate and experienced DuPage County divorce attorneys at Momkus McCluskey Roberts LLC today for assistance.



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