Elmhurst Divorce Lawyers | Illinois Family Law Attorneys

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Recent blog posts

5 Complex Property Division Issues That Can Arise During a Divorce

Posted on May 24, 2022 in Division of Assets

Some divorce cases may be relatively simple. If a couple does not own extensive assets, and if they are in agreement on how various issues related to the end of their marriage will be addressed, they may be able to complete an uncontested divorce fairly quickly. However, many divorces will involve complex issues that are not so easy to resolve. Disagreements between spouses can easily become contentious, especially when spouses have difficulty communicating effectively or cooperating with each other. Matters related to the division of marital property can be some of the more complex issues that divorcing spouses will need to address. By understanding property-related issues that can complicate the divorce process, a person can make sure they will be able to protect their financial interests as they work to end their marriage.

The attorneys of Weiss-Kunz & Oliver, LLC have represented clients in a wide variety of complex divorce cases, and we understand the legal and financial issues that can affect divorcing spouses. With our experience in matters related to high net worth divorce, we can ensure that all factors related to the income earned by both spouses and the property they own together and separately will be considered correctly. Our goal is to help our clients complete the divorce process in a way that will allow them to move forward successfully and maintain financial stability in the years to come.

Addressing Commingling of Property

Before a couple can begin making decisions about how property will be divided, they will need to determine whether certain assets are considered to be marital property. Generally, marital property, which includes all assets and debts acquired after a couple became married and before a legal separation, will need to be divided. Separate property, which may include assets owned by a spouse before getting married or items excluded from the marital estate by a prenuptial or postnuptial agreement, will not need to be divided, and the spouse who originally acquired these assets will be able to retain ownership.

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What You Need to Know About Parental Relocation After an Illinois Divorce

Posted on April 28, 2022 in Children and Divorce

Getting a divorce will require spouses and their children to make many different types of changes to their lives. These changes may continue in the years after the end of a marriage, and they may include plans to move to a new home in a different city, or even a major relocation to a different state or region. These plans can introduce a number of complications into the lives of ex-spouses, and in cases where divorced parents share custody of their children, certain procedures will need to be followed to make any necessary adjustments to custody orders.

In cases involving parental relocation, a parent will want to work with an attorney who can help them understand their rights, the issues that may affect them and their children, and the steps they can take to resolve any disputes that may arise. The law firm of Weiss-Kunz & Oliver, LLC provides legal representation in a wide variety of cases involving divorce, child custody, and family law, and we have a comprehensive knowledge of the laws that affect these cases. We work to ensure that our clients are prepared to address these issues effectively, and we provide them with legal help and representation when negotiating agreements, filing petitions, and appearing in hearings in court.

Common Reasons for Post-Divorce Relocation

There are many valid reasons why an ex-spouse may wish to move to a new home or community following their divorce, including:

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What Are the Benefits of Working With a Divorce Coach?

Posted on April 20, 2022 in Divorce

The divorce process can be very complex and difficult for both parties. In some cases, spouses may not know where to begin as they prepare to end their marriage, and gaining a full understanding of the issues they will need to address can seem like a massive and complicated undertaking. These problems may be compounded by the emotional difficulties that a person may experience due to the end of a long-term relationship, the conflict between spouses, and concerns about how matters related to a couple’s children will be handled. In many cases, divorcing spouses can benefit by working with a divorce coach who can provide much-needed assistance as they go about the process of dissolving their marriage.

At Weiss-Kunz & Oliver, LLC, we provide our clients with high-quality legal representation during the divorce process, working to protect their rights and helping them reach a positive outcome to their cases. However, we understand that while we can assist with the legal aspects of a divorce, there are a variety of other issues that can affect our clients during this process, and receiving help from others can often be beneficial. We are happy to work alongside divorce coaches with our clients, taking a team approach to the divorce process and ensuring that a person will be prepared to move forward with their life once their marriage has been legally dissolved.

How a Divorce Coach Can Help With the Divorce Process

There are many issues that will need to be addressed as a couple goes about the process of ending their marriage. While an attorney can provide invaluable help with the legal aspects of this process, there are a variety of other concerns that may need to be addressed outside of the legal context. A divorce coach can help a person determine the best ways to approach these issues and proceed with the process of ending their marriage.

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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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