Weiss-Kunz & Oliver, LLC is pleased to announce that Amanda Oliver, one of the firm’s founding partners, has been recognized by her peers for her intelligence, passion, and success as an auspicious lawyer.

In the Fall of 2020, Chicago Law Bulletin recognized Amanda as one of 40 of the most promising Illinois lawyers.

The exclusive “40 Under 40” list identifies attorneys who are nominated by their peers for both outstanding legal work and giving back to the Illinois community. 

When parents are divorcing or separated, they may disagree about how to share responsibility for raising their children, the amount of parenting time children will spend with each parent, and a variety of other issues. In some divorce or child custody cases, the court may require assistance from outside experts such as child custody evaluators, to help determine what would be in children’s best interests. When working with these professionals, both parents and children may be concerned about what records will be available to them and whether confidential information will be released as part of the court record. At Weiss-Kunz & Oliver, LLC, we recently represented a client in a case that clarified some of these issues.

How Does Illinois Law Address Child Custody Evaluators?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifies when and how professionals may be appointed to perform investigations and evaluations of a situation and provide recommendations about children’s best interests. According to 750 ILCS 5/604.10(b), a person who is appointed by the court may review relevant records and information related to the case, and they will present a report that explains their conclusions and recommendations about the allocation of parental responsibilities, parenting time, or child relocation.

Alcohol and drug abuse are issues that affect millions of people across the United States, and substance abuse is often a factor in the breakdown of a marriage. Studies have shown that there are nearly 25 million people in the U.S. who are in a marriage in which a spouse is an alcoholic or drug addict, and around 7% of divorces are the result of substance abuse issues.

If your spouse has issues with substance abuse, you will likely want to do everything you can to help them receive the treatment they need and salvage your relationship. However, sometimes divorce may be the only option, especially if your and your children’s safety and financial security are at risk. If you are planning to divorce a substance-abusing spouse, you should be aware of the following concerns:

Grounds for Divorce in Illinois

By Amanda Oliver

You are likely familiar with the old saying that “timing is everything.”  Well, in family law, like in life, that is often times true.  Decisions such as when to hire an attorney or when to file your motion can mean a sizable difference in the outcome of your case.

A great example of “timing is everything” is in the case of a “bad order.”  Often times people will be unhappy with a ruling that a Judge made in their case, but will fail to take measures to remedy it in a timely manner.  In most circumstances, a party has thirty (30) days to file a Motion to Reconsider a Court Order or a Motion to Vacate an Order that they believe was improperly reached.  Unfortunately, most parties are unfamiliar with that rule, and can get into a troublesome situation if they wait until the expiration of that thirty (30) day period before either contacting an attorney or filing the proper motion pro se.  (Note:  It is not enough to contact an attorney prior to the expiration of the thirty (30) day period.  The statute requires that the Motion be timely filed.)

By Maxine Weiss Kunz

Fault grounds in divorce in Illinois are abolished as of January 1, 2016. What does that mean? In short, the following grounds should no longer be plead in a petition for dissolution of marriage and will no longer suffice as grounds for a divorce:

• Adultery (cheating);
• Desertion (left the home);
• Habitual drunkenness (alcoholism);
• Drug addiction;
• Attempted murder;
• Mental cruelty (emotional abuse);
• Physical cruelty (physical abuse);
• Infecting your spouse with a sexually transmitted disease (STD).

What remains as grounds for divorce is the no fault grounds of “Irreconcilable Differences.” This is the ground that asserts the marriage has broken down to the extent it can no longer be repaired and that divorce is imminent.