Legally dissolving a marriage will involve multiple complex issues that will need to be addressed. When a couple decides to get a divorce, they may encounter disputes over many of these issues, and each spouse may struggle to address financial concerns and make sure they will be able to support themselves in the future. To help minimize these issues and protect the rights and interests of both parties, many couples will choose to enter into prenuptial agreements. However, while these agreements can offer some reassurance for spouses, they may be seen as unfair in some situations. Couples will need to understand when a prenuptial agreement will apply in the event of divorce and when it could potentially be challenged.

To ensure that issues related to prenuptial agreements will be handled correctly, a person who is planning to sign an agreement or get a divorce can work with an experienced family law attorney. At Weiss-Kunz & Oliver, LLC, we provide legal help and representation for those who need to address these issues. We can provide guidance when drafting and executing a prenuptial agreement, ensuring that a person understands the best ways to protect themselves and avoid uncertainty in a potential future divorce. We can also provide representation during the divorce process and determine how the terms of a prenuptial agreement will affect the outcome of the case. If necessary, we can take steps to challenge an unfair or unlawful prenuptial agreement or enforce the terms of an agreement that a couple had signed. Regardless of the circumstances of a case, we will advocate for our client's interests and help them determine the best approach to take to achieve success.

Understanding Prenuptial Agreements in Illinois

A prenuptial agreement, which is often referred to as a "prenup," is a contract that a couple may sign before they get married to determine how certain issues will be handled in the event of a divorce. These agreements can be helpful for protecting assets and managing expectations in a marriage. They can also help reduce uncertainty and minimize conflict during the divorce process.

In divorce and family law cases, issues related to children will often be among the most significant concerns that may affect the parties. Child custody is an area where parents may clash, especially if they have different expectations about how certain matters related to their children should be handled. Because of the emotional nature of these disputes, they can often lead to serious conflict. However, it is important for parents to understand that child custody decisions are primarily based on what is in the best interest of the child. While the parents' desires and other issues may play a role in a case, there are numerous other factors that may be considered. Parents will need to be sure to understand how these issues will be approached in family courts.

When addressing child custody concerns, it is crucial for a parent to be represented by an attorney who has a strong knowledge of the applicable laws, as well as experience handling these types of cases. At Weiss-Kunz & Oliver, LLC, our lawyers have represented numerous clients in complex cases involving child custody disputes and other legal concerns. We are dedicated to helping our clients achieve positive outcomes that will allow them to successfully parent their children in the years following the conclusion of a case. We take a compassionate approach, focusing on what is best for children while also helping parents determine how to proceed as they work to resolve disputes and manage their ongoing responsibilities.

Illinois Child Custody Laws

In general, child custody is a term that is understood to refer to the relationship between a parent and a child, a parent's responsibility for providing care for a child, and arrangements for where a child will live. Child custody is often divided into the categories of legal custody and physical custody. The right to make important decisions about the child's life is usually known as legal custody. These decisions may address issues such as schooling, medical care, and religious activities. Physical custody refers to the time a child will spend in the care of a parent, including when they stay overnight in a parent's home or are with them in other locations.

Family law can be a complicated topic. Spouses who are planning to get a divorce, parents who need to determine how they will share child custody, or other family members who need to address and resolve legal issues in family court will need to understand a variety of different laws and related matters as they work to resolve disputes and put workable solutions in place. At Weiss-Kunz & Oliver, LLC, we work to educate our clients about the laws that apply in their unique situations, and through our blog, we provide helpful information about topics that may be important to people involved in these types of cases. We wanted to highlight some of our most-read blogs over the past year and provide updates about the issues discussed and the concerns that may affect spouses, parents, children, or other family members.

Child Tax Credits for Divorced or Separated Parents

In one of our most popular blogs, we looked at the Advance Child Tax Credit, which was available to parents for the 2021 tax year. This was a complex topic that affected many divorced parents, and the tax credit allowed parents who could claim children as dependents to receive advance payments between July and December of 2021. However, the law that put this tax credit in place expired at the end of 2021, and it has not been extended. Because of this, the Advance Child Tax Credit is no longer available.

For the tax year of 2022, the Child Tax Credits that parents may claim will return to the amounts used in 2019. While parents were able to claim a credit of $3,600 per dependent child in 2021, this amount is reduced to $2,000 for the 2022 tax year. The Child and Dependent Care Credit, which was increased to $8,000 in 2021, has been lowered to a maximum of $2,100 for 2022.

The breakup of a long-term relationship can be difficult for everyone involved, but it can be especially hard for parents who share children. If you are planning to get a divorce or are preparing to end a relationship with an unmarried partner, making decisions about how you will parent your children going forward may be one of the biggest challenges you will face. Creating a parenting plan that both parents can agree on can be difficult and overwhelming. Fortunately, there are steps you can take to minimize conflict as you make decisions about how you will share the custody of your children, while also putting a framework in place that will help you avoid arguments and disputes in the future. 

The attorneys of Weiss-Kunz & Oliver, LLC understand the complex and challenging issues that often play a role in matters related to child custody. We work with our clients to help them create parenting plans that are tailored to their unique needs, while also offering practical and effective advice on how to minimize conflict with their child's other parent. Our goal is to help parents resolve disputes as amicably as possible while ensuring that they will have the tools and resources they need to provide for the best interests of their children in the years to come.

Understanding Parenting Plans in Illinois

In divorce and child custody cases, parents will need to make decisions about a variety of key issues related to their children. When it comes to child custody, there are two main issues to address: physical custody and legal custody. Physical custody (sometimes known as visitation) details where the children will live and which parent they will primarily reside with, as well as when they will spend time in the care of each parent. Legal custody deals with decision-making rights on matters such as education, religion, medical care, and other important issues related to the child’s life.

In family law cases, the parties involved will often find themselves at odds with one another. Multiple types of contentious disagreements can arise, and a couple going through a divorce or parents who need to address issues related to child custody may ask a family court judge to make decisions and issue orders detailing how certain matters should be handled. However, conflicts may still continue even after a judge makes these decisions, and one party may accuse the other of violating the court's orders or failing to meet their requirements or obligations. In these situations, one party may ask that the other be held in contempt of court.

Addressing contempt in family law cases can often be a complex matter. A person who is charged with contempt may face serious consequences, and they will usually be looking to show that they did not commit the alleged violations. The other party will usually need to provide compelling evidence showing that willful violations of court orders occurred. To ensure that these matters will be addressed correctly, it is crucial to be represented by an attorney who has experience addressing contempt and other complex family law issues. At Weiss-Kunz & Oliver, LLC, we regularly represent clients in complex divorce and family law cases. We can help you understand your rights and options, and we will work to ensure that these issues can be resolved successfully.

What Is Contempt of Court?

In the context of family law, contempt refers to willful disobedience of a court order. This may include a failure to follow temporary orders put in place while a divorce or child custody case is pending, as well as violations of legal obligations that will apply after a case has concluded. Since a settlement created by spouses or parents or a judgment put in place by a judge will be legally binding, violations of these orders may result in a person being held in contempt of court.