110 E. Schiller Street, Suite 320, Elmhurst, IL 60126

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MaxineThe March 2018 issue of The Catalyst, the newsletter of the Illinois State Bar Association’s Standing Committee on Women and the Law, contained an article spotlighting Attorney Maxine Weiss Kunz, looking at her career, her background as a Chicagoland native, her personal life, and the story of how she founded Weiss-Kunz & Oliver, LLC.

This article highlights the passion and dedication that Maxine brings to her work in family law, as well as her achievements and the recognition she has received, including her selection as a 2018 Super Lawyer and as one of 40 Under 40 Attorneys to Watch by the American Society of Legal Advocates.

Along with her colleagues at Weiss-Kunz & Oliver, LLC, Maxine Weiss Kunz works to help clients achieve positive results in cases involving divorce, parentage, allocation of parental responsibilities and parenting time, child support, prenuptial and postnuptial agreements, and adoptions. She is also a certified mediator and collaborative lawyer, and she serves as a guardian ad litem who is appointed by courts to determine children’s best interests in family law cases.

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postnuptial agreement, Elmhurst Family Law AttorneyTypically, when spouses decide to enter into a prenuptial (before marriage) or postnuptial (after marriage) agreement, the question is not whether an agreement is necessary or useful, but whether the agreement is drafted with your best interests in mind. A prenup or postnup is only an efficient tool when it supports your needs and protects your rights— otherwise, you are at risk for wasting a lot of time, energy, and money.

Ensuring a Successful Marital Agreement

Regardless of the type of marital agreement you decide to pursue, ensuring it is a successful one is paramount. The draft you create will determine your lifestyle in the event your marriage takes a turn for the worst, so the boundaries you establish in your agreement hold a significant amount of power. Ask the following questions when determining whether or not your pre or postnup will serve your best interests:

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Right

By Amanda Oliver

Right of first refusal clauses are often times found within Allocation Judgments (formerly Custody Judgments) and are useful when properly drafted and applied for their intended purposes.   However,  too often litigants view the right of first refusal as a tool to control or even keep tabs on the other parent.

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establishing paternity in Illinois, Elmhurst divorce lawyersDivorcing parents have much to arrange when it comes times to handling the dissolution of marriage. Everything from parenting time (visitation) and the allocation of parental responsibilities (child custody) need to be addressed. All of these aspects of divorce are important for the well-being of your child and are crucial in protecting the best interests of your entire family. For unwed parents or parents facing special circumstances during a time of separation, the issue of paternity arises, presenting them with some important decisions to make.

Establishing Paternity

Paternity is typically established in one of two ways: Through the judicial court process or the Child Support Services administrative process. An interview is conducted and both the mother and the alleged father are contacted via telephone, by mail, or in person to discuss the circumstances that surround the relationship and its ties to the child they share. The alleged father may either voluntarily acknowledge paternity or be asked to submit to genetic testing to determine paternity of the child. Should the alleged father not attend the interview, Child Support Services will, by default, declare him to be the legal father.

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divorce mediation in Illinois, Elmhurst family lawyersIf you are readying yourself to file for divorce, you have likely heard the term mediation at least once during the time you have begun acquainting yourself with the divorce process. Mediation serves a number of purposes when you file for divorce, but its primary role is to provide an alternative platform for dispute resolution between you and your ex-spouse.

Mediation is relatively quick, always confidential, and is voluntary. A judge may order you to attend mediation, but all potential resolutions discussed must be agreed upon mutually, by both parties. Mediation’s biggest appeal is that it is proven to work.

The Illinois Department of Human Rights (IDHR) Mediation Unit reports that they have over an 80 percent resolution rate for all conferences held. If you are considering mediation as you enter a divorce, you are not alone, and you have a very good chance at achieving some common ground with your spouse should you decide to try it out.

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