Legally ending a marriage is a complex process, and couples will need to address many different issues as they work to complete their divorce. Once the divorce process is complete, spouses will usually be ready to move forward from this difficult time and begin the next stage of their lives. However, some ex-spouses may experience changes in their lives that affect the terms of their divorce decree, or they may uncover issues that they believe were handled incorrectly during their divorce. In certain cases, an ex-spouse may petition for modifications of their divorce decree or judgment, and a person may also need to take action to enforce the terms of their divorce.

While there are many situations where a person may feel that post-divorce modifications are necessary, they will need to meet certain requirements to show that these types of modifications should be made. By understanding how the laws in Illinois apply in these situations, an ex-spouse can make sure they take the correct steps to successfully petition for changes to their divorce decree. At Weiss-Kunz & Oliver, LLC, we work with our clients to help them determine whether they qualify for post-divorce modifications, and we provide representation when addressing these matters in the courtroom. If you believe that a modification is needed, we can help you prepare and file a petition, assist in negotiating an agreement with your ex-spouse, and advocate on your behalf during legal proceedings.

Divorce-Related Issues That Cannot Be Modified

Most of the time, decisions regarding the division of marital property are final once a divorce decree or judgment is issued. Even if these decisions seem unfair, a person usually cannot ask for a post-divorce modification to make changes to how marital assets were allocated between them and their spouse. 

A divorce will involve many different issues that will need to be addressed before a couple’s marriage can be legally dissolved. In some cases, couples will be looking to pursue an uncontested divorce in which they will resolve these issues outside of court, create a divorce settlement that fully details the decisions made, and complete their divorce by attending a “prove-up” hearing. However, it is likely that couples will encounter disagreements about some of these issues, and they may struggle to resolve these disputes on their own. In a contested divorce case, a person will want to understand their options for addressing these issues.

At Weiss-Kunz & Oliver, LLC, we know the difficulties that divorcing spouses can encounter as they determine how to proceed with ending their marriage. We are dedicated to helping our clients find effective solutions that will allow them to complete the divorce process as efficiently as possible and move forward with their lives. For those who have encountered disputes that seem difficult to resolve, we work to help them determine the best course of action. We make sure our clients know their options at all times, and we provide strong legal representation to ensure that their rights and interests will be protected.

Common Disputes in Divorce Cases

A divorcing couple may agree on certain issues, or they may be at odds as they address the various aspects of their marriage that will need to be resolved before the divorce process can be completed. Disputes may arise as couples address issues such as:

Getting a divorce is rarely easy, especially in contentious cases involving high levels of conflict between spouses. It is understandable that spouses may not see eye to eye during the divorce process, and disagreements can be expected in most cases. However, there are some cases where a spouse may behave unreasonably and have unrealistic expectations about what should happen during the divorce process. Unfortunately, those who are getting divorced from a spouse with mental health issues will often experience difficult conflicts, and this is especially true when a spouse is a narcissist.

Divorces involving mental illness and concerns about the health and safety of the parties and their family members can become complex very quickly. If you believe that your spouse is a narcissist, you may need to prepare to address multiple types of conflicts and legal issues, and you will want to take steps to protect your rights and determine your best options for resolving disputes successfully. Having the right attorney on your side during this process is crucial. A lawyer who is experienced in high-conflict divorce cases can advise you of your options and provide you with skilled representation when addressing issues in the courtroom.

Understanding Narcissism

Narcissistic Personality Disorder (NPD) is a mental health condition involving an inflated level of self-importance and a lack of empathy for others. It is one of the least diagnosed mental health issues, because people with NPD often do not believe that they have a problem. Even if a person does not exhibit all of the traits of NPD, they may engage in narcissistic behavior that affects their relationships with others.

The divorce process can be complicated regardless of a couple’s circumstances. Spouses may be involved in contentious disputes related to any or all of the issues that will need to be resolved before they can legally dissolve their marriage. Even if a couple agrees on most of the issues in their divorce and plans to avoid conflict wherever possible, they may still encounter difficulties related to their property, incomes, and finances. This is especially true in high net worth divorce cases where spouses own valuable assets or earn high incomes. In these cases, spouses will need to address a variety of unique financial concerns. It is crucial for spouses to secure representation by an attorney who is experienced in high asset divorce cases, and with the right lawyer on their side, they can make sure their legal and financial concerns will be addressed correctly.

Property Division Issues

All divorcing couples will need to decide how they will divide their marital property, which consists of all assets and debts they acquired during their marriage. This can be an especially complex process for couples who have a high net worth, since they are likely to own a wide variety of different types of physical property and financial assets. These may include:

• Real estate - In addition to their marital home, a couple may own vacation homes or other real estate property. These properties should be appraised to determine their value and the amount of equity the spouses own in each property. It may not be possible to equally divide these properties between the spouses, so it may be necessary to sell certain properties during divorce.

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Being involved in any type of legal proceeding can be taxing, but finding yourself arguing about your marriage in a courtroom is especially difficult. It can be challenging to see your years of marriage being reduced to a legal battle and having a judge, who knows little to nothing about your life or relationship, make decisions about your future. While divorce litigation is often a last resort for divorcing couples, with the right attorney arguing on your behalf, you can be assured that your rights and interests will be protected.

Is a Divorce Trial Right for Me?

If you are in the beginning stages of your divorce, you should be aware of all of your options for resolving disputes with your spouse. Trial litigation is far from your only option, but depending on your circumstances, it may be the best fit for you and your family. Methods that you may use to resolve divorce-related issues include:

1. Divorce mediation - Some couples decide to divorce because they are no longer in love or are not happy being married to each other, and they may wish to resolve divorce-related issues with minimal conflict. For divorcing couples who can communicate openly with each other, are able to compromise, and want the best for each other, divorce mediation is a great option. You and your spouse will hire a third-party mediator who will guide you through the divorce agreement process, allowing you to make the decisions together.

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