How to Deal with the Mental and Emotional Effects of Divorce

 Posted on March 17, 2019 in Divorce

For many people, the time they went through their divorce may have been the worst time of their lives. No matter whether you wanted out of the marriage or not, from the moment of your separation until well after the divorce is final can be a period of uncertainty and loneliness. Legal missteps during this time can affect the rest of your life, so it is important that you try to remain as mentally and emotionally well during this time.

Coping Tips

1. Acknowledge your feelings, allow yourself to have them, and deal with them in healthy ways. Rather than trying to push down the wide range of emotions you are facing, try working on self-improvement and stress relievers, like working out at the gym, going for a walk, or talking things through with a close friend.
2. Take care of yourself. Do not allow yourself to wallow in sorrow or anger. Eat healthily, get plenty of rest, even if you are having trouble sleeping, and do not turn to alcohol or drugs as coping mechanisms. These can lead to poor decisions and lifelong issues., so tread carefully.

   Continue Reading ››

Assets to Remember When Dividing Property in Divorce

 Posted on February 22, 2019 in Division of Assets

Divorce can bring on a rush of emotions and leave a person going through the process not thinking clearly. There is so much to think about that many assets may be overlooked. Both spouses are legally required to be upfront about their assets. Although there are often cases in which a spouse purposely hides assets, some items are quite simply forgotten when it comes time to divide up everything in a divorce.

Where to Begin with Property Division

Most people probably have no problem coming up with a list of assets and debts that will have to be split in their divorce. On the asset side, think bank accounts, the family home, cars, and investments. On the debt side, think mortgages, loans, and credit cards. These can be split evenly, or couples may have different ideas for who will get what. An experienced divorce attorney can help you iron out a fair deal in your divorce and can assist in making sure you do not forget about any other valuable items that you may be entitled to.

Continue Reading ››

How Staying in an Unhappy Marriage Can Affect Your Children

 Posted on January 31, 2019 in Divorce

Many times, the first thing on a parent's mind when they get a divorce is how it can affect their children. Many people have said that staying together for the children is better than getting a divorce. There have been numerous studies on how divorce affects children and their well being, but their have also been many studies on how unhappy marriages affect children. Most of these studies have concluded that while a divorce is difficult for many children, staying in an unhappy marriage can be even more detrimental for children's well being. Many times, the decision to divorce or not to divorce is made based on the children's best interests. Here are just a couple of ways that an unhappy marriage can affect your children.

Constant Stress and Tension

If you are in a marriage where you and your spouse fight a lot, your child is experiencing some of that stress and the tension that the fights create. It is natural for children to internalize their parents, but when they internalize all of their parents' fighting and conflict, that can lead to emotional, physical and social ailments, like depression or chronic fatigue. Even if you try to hide the fighting, children are very receptive and can sense you and your spouse's unhappiness.

Continue Reading ››

The Impact of Mental Health on Parenting Time and Responsibilities

 Posted on December 31, 2018 in Child Custody

There are millions of Americans living with a mental illness. In fact, the National Alliance on Mental Illness (NAMI) say that nearly 44 million people experience a mental illness in any given year and about 10 million adults live with a chronic mental illness. Mental illness can include conditions such as bipolar disorder, schizophrenia, eating disorders, and post-traumatic stress disorder, but by far the most common mental illnesses in the United States are depression and anxiety disorders. Though the public perception of mental illness has changed to become more open and understanding, mental illness can still impact people in serious ways, especially those who are going through a divorce. Mental illness can also impact decisions made about parenting time and responsibilities in divorce cases.

How Divorce Decisions Involving Children Are Made

Continue Reading ››

New Law Will Change Tax Deductions for Divorced Couples in 2019

 Posted on November 29, 2018 in Divorce

With the new year fast approaching, 2019 is right around the corner. While this is exciting for some, couples who have just filed for divorce or are mid-divorce could see some not-so-nice changes with the new year. A law that was passed in December 2017 will come into effect beginning January 1, 2019, and will affect any couple who has not finalized their divorce by December 31, 2018. Act Will Change Tax Implications For Divorcing Couples The Tax Cuts and Jobs Act (TCJA) was passed in December of 2017 and made changes to the tax code that will affect about half of Americans in some way, shape or form when it goes into full effect at the beginning of the year. For divorcing couples, the TCJA will affect the tax implications of spousal support (also known as alimony). The act will change the existing 77-year-old law on who pays taxes on spousal support. Old Law vs. New Changes Any couple who finalizes their divorce before December 31, 2018, will adhere to the current rules on who pays taxes on spousal support. As of now, the person who is paying the spousal support can deduct the payments on their taxes. The person who receives the spousal support must pay taxes on the payments depending on their tax bracket. Under the new law, spouses who pay support payments will not be able to deduct the amount on their taxes and the spouse who receives the payments will not pay tax on them. Implications of the Change Couples who are currently going through a divorce have more pressure to finalize their divorces before this new law goes into effect. The American Academy of Matrimonial Lawyers estimates that divorces will change significantly in the way they are settled and that divorce cases will become more hostile than before. The organization has also stated that couples who currently have prenuptial agreements should reexamine the documents and update them based on the new law. Get in Touch with an Elmhurst, IL Spousal Support Attorney

It is no secret that a divorce can be a messy and complicated process. With the new law that will take full effect next year, your divorce could become even more complicated. At Weiss-Kunz & Oliver, LLC, you can have peace of mind knowing that we are here to help you throughout your divorce process and will help you make the best decisions about spousal support and its effect on your taxes. Our highly-skilled Lincolnwood, IL spousal support attorneys understand the importance of receiving support and that spousal support is something that you may depend on, especially right after your divorce. Contact our office today to schedule a consultation by calling 312-605-4041.

Continue Reading ››

Objecting to a Parental Relocation

 Posted on October 30, 2018 in Child Custody

Divorce is difficult and stressful for everyone - there is no doubt about that. Once you completed your divorce and have decided everything from how your marital property is divided to how your parenting time is divided, you probably felt like a weight was lifted off of your shoulders. All of that stress and worrying can come rushing back if you have to move and you want to take your child with you. In Illinois, parenting time can be changed if there is a significant change in circumstances from when the parenting plan was first created - parental relocation qualifies as one of those circumstances. Even if you are not moving out of the state, you cannot just pick up and move if you are taking your child with you. You must seek the permission of both the other parent and the court.

First Steps

Before you do anything, you are required to provide written notice about your intended relocation to the child's other parent. The notice should be issued to the other parent at least 60 days before your intended relocation unless that is not possible. The notice should be filed with the clerk of the circuit court and should include your intended date of relocation, your new address if it is known and the length of time you will be there if the change is not permanent. If the other parent agrees to the relocation, signs the notice and files the notice with the clerk of the court, no further court action will be taken. If the parent fails to sign the notice, objects to the relocation or you both cannot agree on a modification to the existing parenting plan, this is when the courts get involved.

Continue Reading ››

5 Ways to Uncover Hidden Assets in an Illinois Divorce

 Posted on September 20, 2018 in Lincolnwood Divorce Lawyer

Divorce can be complicated, especially when you are dealing with a high net worth and a spouse who has attempted to hide assets. Though it is difficult to keep financial secrets from your spouse these days, it does not stop people from trying. According to a report by CreditCards.com, nearly 15 million adults have a credit card or bank account that their live-in partner does not know about. Though it can be tempting to hide assets from one's spouse during a divorce, it is not a good idea - in fact, it is illegal. If you think your spouse may be concealing financial resources during your divorce, here are five ways you can begin looking for hidden assets:

1. Look at Tax Returns

The first place you should begin looking for hidden assets is in your taxes. Income tax returns from at last the past five years are a good place to start. Look at where income has been coming from, whether that be your spouse's job, interest, dividends, or capital gains or losses. If something seems off on the tax return, talk to your attorney about it.

Continue Reading ››

Updates to Law Now Include Guidelines for Pets in Illinois Divorces

 Posted on August 29, 2018 in Divorce

Everyone who is a pet owner knows that their pet is part of the family, and to some people, their pets are even like children. For the longest time, pets were considered property in an Illinois divorce, and the spouse who got to keep a pet was mostly determined by who purchased the animal. A recent change to the Illinois Marriage and Dissolution of Marriage Act now includes a clause about pets which sets out guidelines to determine who gets the pets when spouses get a divorce.

Pets are Treated More Like Children Under New Law

A new law that took effect at the beginning of 2018 now allows pets to be treated more like dependents and less like property. This means that Illinois now recognizes that animals are living beings, and their best interests need to be taken into consideration when a separation is in order. However, it will still need to be determined whether or not pets are considered marital property before any allocation occurs. If a pet is found to be marital property, a judge can now consider certain factors when determining who gets custody of a pet in the divorce.

Continue Reading ››

5 Ways to Protect Your Business During Divorce

 Posted on July 31, 2018 in Divorce

The American Dream is the belief that anyone can achieve success if they work hard enough. For many people, their own American Dream is realized through business ownership. In 2010, there were reported to be around 27.9 million small business in the U.S. Comparing that statistic to the divorce rate, which is anywhere between 40 and 50 percent, it is safe to say that many divorcing couples have an extra question to ask: what happens to my business if I get a divorce?

Steps to Protecting Your Business

Owning a business is a rewarding experience, which is why you want to protect it at all costs. The easiest and least stressful option for protecting your business in the case of a divorce is to come to an agreement about the business in a prenuptial or postnuptial agreement. If you do not use either of these documents, there are still ways you can protect your business from being divided in a less-than-favorable way:

Continue Reading ››

Unusual Assets That May Need to Be Divided in an Illinois Divorce

 Posted on June 08, 2018 in Divorce

When considering marital assets that get divided during a divorce, most people think of houses, cars, bank accounts, and retirement accounts. However, there are actually many more assets that divorcing couples may have to figure out how to divide. Sometimes, these odd assets can be forgotten about when couples focus on more obvious and expensive assets, but taking care of the division of these assets early on can save a headache in the future.

Marital and Non-Marital Property

The first step in dividing any assets in a marriage is determining which assets can actually be divided. Anything deemed marital property is subject to division; anything deemed non-marital property is not. In the state of Illinois, the Marriage and Dissolution of Marriage Act dictates what is marital and non-marital property. Marital property is defined as any property, including debts or other obligations, that was acquired by either spouse during the marriage-anything else is non-marital property.

Continue Reading ››