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Should I Use Attorney-Assisted Mediation in My Divorce?

Posted on March 31, 2022 in Divorce

Many approaches can be taken during the divorce process. While some level of conflict is to be expected between divorcing spouses, this does not necessarily mean that dissolving a marriage will require long, drawn-out legal proceedings in court. In many cases, spouses can benefit by approaching divorce cooperatively, and this can make the process easier for their children or other family members as well. Mediation can provide an effective way of doing so, and by working together to create a divorce settlement, spouses can find solutions that will benefit both of them, allow them to complete their divorce more quickly and efficiently, and ensure that they will be able to move forward with their lives once the divorce process is complete.

In some cases, attorney-assisted mediation may be a good solution that will allow spouses to work out their differences while making sure their rights and interests will be protected. The attorneys of Weiss-Kunz & Oliver, LLC work with our clients to help them determine how to proceed with the mediation process. We advise divorcing spouses on the level of attorney involvement that may be appropriate in their situation while helping them understand the best steps they can take to resolve their disputes and complete the process of dissolving their marriage. Our goal is to help our clients reach a positive resolution that they can be happy with while avoiding conflict as much as possible and ensuring that they will be in a good position as they begin the next stage of their lives.

What Is Attorney-Assisted Mediation?

Traditionally, mediation will only involve the parties who need to settle a legal dispute and a neutral mediator who guides them through discussions and helps them make decisions about how to resolve the outstanding issues in their case. This can be a good solution in cases where the parties are willing to cooperate to reach mutually-beneficial agreements. Because divorce mediators are often attorneys or have knowledge of divorce laws, they can advise spouses of their rights and explain how the decisions they make will affect them. By working together along with the mediator, spouses can often negotiate a workable divorce settlement, and once they have created an agreed settlement, they will be able to attend a hearing and complete the process of legally dissolving their marriage.

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How Can Mental Health Issues Affect an Illinois Divorce?

Posted on March 11, 2022 in Divorce

Getting a divorce can be a very stressful process, and many people struggle with emotional issues related to the end of their marriages. This is understandable; ending a relationship that a person expected to last for the rest of their life can be difficult, no matter the circumstances. However, there are some cases where a divorce may involve more complex issues related to mental health. If either spouse has been diagnosed with a mental illness or is receiving treatment for psychological issues, this may affect how certain decisions are made during the divorce process. Divorcing parents may need to determine how these issues will affect decisions about child custody, and they may also need to address other mental health issues that affect their children.

In many cases, spouses are unsure about how to approach issues related to mental health during their divorce. This can be an especially important issue to deal with if a person is concerned about the safety of themselves or their children. The attorneys of Weiss-Kunz & Oliver, LLC can work with divorcing spouses to determine the best ways to address their concerns. We make sure our clients understand the laws that apply to them, the options for requesting any evaluations that may be necessary, and the protections that may be put in place. Our goal is to help divorcing spouses protect their rights and interests and create solutions that will allow them and their families to move forward successfully after they end their marriages.

Mental Health Evaluations in Child Custody Cases

While mental health issues will not always be a factor in divorce proceedings, they can be an important issue to address in cases where spouses will need to resolve child-related issues. The specific condition(s) that a parent has been diagnosed with, the types of treatment they are receiving, and their ability to make parenting decisions and provide the necessary care for children may affect the decisions made about the allocation of parental responsibilities and parenting time.

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How Can a Person Legally Change Their Name in a Family Law Case?

Posted on January 28, 2022 in Divorce

For many people, divorce represents a fresh start that will allow them to close a chapter in their lives and move on from a relationship that was not working. Part of moving forward following a divorce may include changing a person’s last name and reverting to their maiden name or the name that had used before getting married. There are also a variety of other situations where name changes may be appropriate for those who are involved in family law cases. By understanding the requirements for legally changing a person’s name, those who are looking for a fresh start or who wish to make changes in their lives can follow the correct procedures and avoid any complications that may affect them.

At Weiss-Kunz & Oliver, LLC, we understand the complex legal issues that can affect people who are going through the divorce process or who are involved in other types of family law matters. While changing a person’s name may seem like an afterthought in many of these cases, taking steps to do so at the right times can help a person avoid potential complications. We can provide guidance on the procedures that must be followed in these cases, and we can also help address and resolve any complications that may arise.

Simple Name Changes Following Marriage or Divorce

Changing a person’s name is generally an easy process when a couple gets married. A valid marriage certificate will allow either spouse to change their last name, and they can generally do so by updating their information at their local Social Security office.

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What Tax Issues Will I Need to Consider During My Divorce?

Posted on December 08, 2021 in Divorce

Elmhurst Divorce Attorneys When you choose to get a divorce, there are many complex financial issues that you will need to address. Making the right decisions as you plan to end your marriage and proceed with the divorce process will ensure that you will have the financial resources you need as you move forward into the next phase of your life. When addressing financial matters, tax considerations are one of the key issues that you will need to address. By understanding how the decisions you make during your divorce will affect the taxes you owe and the deductions and credits you can claim, you will be able to avoid unexpected surprises and maintain financial stability in the future.

At the law firm of Weiss-Kunz & Oliver, LLC, we work closely with our clients to help them gain a complete understanding of the financial issues that will play a role in their divorce. We regularly represent clients in high net worth divorce cases, and we are familiar with the complex tax considerations that can arise when addressing ownership of property, support payments, transfers of money or property between spouses, selling real estate or other property during divorce, and other financial issues. We work to help our clients make the right decisions that will protect their financial interests throughout the divorce process and beyond.

Filing Status During and After Divorce

After your divorce is finalized, you and your spouse will be required to file taxes separately. However, before your marriage is legally terminated, you will need to determine how you will file tax returns either together or separately. By determining the correct filing status, you can determine the best ways to minimize the taxes you owe and ensure that you receive the proper tax refunds. Your options for filing taxes during your divorce may include:

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How Can Same-Sex Couples Protect Themselves During Marriage and Divorce?

Posted on November 30, 2021 in Divorce

Elmhurst family law attorney for same-sex divorce Over the past decade, the LGBTQ+ community has experienced significant benefits as state and federal laws have recognized their rights. Since 2015, same-sex couples have been able to be legally married in every state in the U.S., and this has not only allowed them to establish long-term relationships, but it has also provided them with the benefits and legal protections that come with marriage. While LGBTQ couples now have the same rights as opposite-sex couples, they may need to address some unique legal issues prior to getting married, during their marriage, and in the event of a breakup or divorce. To protect their rights and interests, couples may want to consult with an attorney to address matters related to same-sex marriage and divorce.

At Weiss-Kunz & Oliver, LLC, we believe in protecting the rights of our clients, regardless of their sexual orientation, gender identity, family relationships, or any other concerns that may affect a family law case. We work to help our clients understand the steps they can take to protect themselves as they prepare to get married, and we provide strong and effective representation during the divorce process. We work to ensure that same-sex spouses will be able to address the legal issues that may affect them and resolve disputes related to their property, their finances, and the custody of their children.

Addressing Property Rights for Same-Sex Couples

Since same-sex spouses have the same rights as opposite-sex spouses, Illinois laws regarding property division will apply if a couple chooses to get a divorce. All property that was acquired during a couple’s marriage will be considered marital property, and these assets will need to be divided between the spouses during the divorce process.

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