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Elmhurst Divorce AttorneyLegally 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.


Elmhurst Family Law AttorneyIn 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.


Elmhurst Divorce LawyerGetting a divorce can be a challenging process that will involve many complex concerns that must be addressed and resolved. Many of these issues are financial in nature, and they may be related to the property you own, the debts you owe, and the income earned by you and your spouse. As you work to negotiate a settlement, you may focus on your immediate needs and desires, including determining how living arrangements will be handled, making sure you have the resources needed to support yourself, and working out child custody arrangements. In the midst of addressing complicated legal issues and emotional concerns, tax-related concerns may be overlooked.

While few people want to think about taxes, it is important to make sure they are considered properly during the divorce process. The decisions made during the end of your marriage can have a significant impact on your financial future. To ensure that you are properly prepared to address tax issues, you can work with a divorce attorney at Weiss-Kunz & Oliver, LLC. With our experience representing clients in complex divorce cases, we can advise you on the tax concerns that may affect you and the options you may have for resolving these issues and protecting your financial interests.

Tax Filing Status

One of the first issues to address during your divorce will be related to how you will file your annual tax returns. While it may be difficult for you and your spouse to cooperate, it may be beneficial for both of you to continue to file taxes jointly prior to finalizing your divorce. Married couples who file jointly may be able to utilize a higher standard deduction and lower the total amount of taxes they will be required to pay.


Elmhurst divorce laywerGetting a divorce is rarely easy, and for many people, it can be a highly stressful and difficult experience. The breakdown of a couple's relationship and the end of their marriage can cause a variety of strong emotions, including anger, sadness, betrayal, or guilt, and this can make it harder for spouses to cooperate and resolve the various legal issues involved in their case. To make matters worse, one spouse may find out that the other has engaged in actions that may have led to financial losses, such as wasting money or other assets. These cases may involve mismanaged investments, squandered inheritances, and even property that has been intentionally damaged. Since these issues can play a significant role in matters related to the division of marital assets, it is important to understand how they will be addressed during the divorce process.

As you proceed with your divorce, you will need to make sure all legal issues will be handled correctly, and you can do so with the help of an experienced attorney. At Weiss-Kunz & Oliver, LLC, we understand the importance of ensuring that marital assets can be divided fairly and equitably. We can advise you of your rights as you work to negotiate a property settlement, and if you have any concerns about the misuse of money or property by your spouse, we can make sure this issue will be raised in court and addressed properly. Our goal is to help you achieve an outcome to your divorce that will protect your financial interests and ensure that you will have the resources you need in the future.

Understanding Dissipation of Assets Under Illinois Law

In Illinois, the division of assets between divorcing spouses is based on the principle of "equitable distribution." This means that marital property should be divided in a way that is fair, but the division does not necessarily need to be equal. You should be able to retain ownership of a fair share of the assets you and your spouse have acquired while you were married. This will ensure that you will be able to reap the benefits of the work you have put in to your marriage and that you will be able to meet your needs after your divorce has been finalized.


elmhurst divorce lawyer Divorce is an unfortunate reality that affects many couples in Illinois. While couples who get married usually intend to stay together for the rest of their lives, a marriage can fall apart for a variety of reasons. In some cases, disagreements about money or other issues can result in the end of a relationship, while in others, a couple may have children and find that they are unable to put enough energy toward their relationship while also managing parental responsibilities. Even if a couple has the best intentions, they may find that they simply are not compatible. Regardless of the reasons for the end of a marriage, there are certain steps that will need to be followed during the divorce process, and understanding these procedures can help anyone in this situation navigate through a divorce successfully.

When approaching the divorce process, it can be difficult to separate one's emotions from the legal, financial, and practical issues that will need to be addressed. The stress involved in ending a relationship that was meant to be permanent, dividing money and property, making adjustments to living arrangements and schedules, and ironing out all of the legal details of dissolving a marriage can be hard enough on its own. However, this process can become even more difficult when also dealing with sadness, anger, betrayal, guilt, or other emotional issues. For parents, adding the many child-related issues that will need to be addressed on top of everything else can make things even more difficult. With everything that will need to be considered, the divorce process can seem like a series of obstacles that may be nearly impossible to surmount.

Fortunately, if you are in this situation, you do not have to go through the divorce process alone. With the right divorce lawyer on your side, you can understand the legal concerns that will affect you and the methods you and your spouse may be able to use to resolve disputes and reach agreements. At Weiss-Kunz & Oliver, LLC, we understand the difficulties you are facing, and we are here to guide you through the divorce process, sharing our knowledge and providing valuable advice while also representing you in negotiations and court proceedings and working to help you achieve the best possible outcome in your case. We will walk you through each step of an Illinois divorce, including:

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