Elmhurst Divorce Lawyers | Illinois Family Law Attorneys

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Recent Blog Posts

The Effect of Infidelity on Divorce

Posted on January 07, 2015 in Family Law

effects of infidelity on divorce Time and time again, divorce lawyers are asked what, if anything, is the effect of infidelity on a divorce. If my spouse is cheating, will I be compensated in the divorce? If my husband is cheating, will he be punished in the divorce? If my wife is having an affair, will I win custody? Or, from the point of the view of the person in the relationship, if I am sleeping with someone else or in love with someone else, am I in trouble? Should I be afraid to ask for a divorce if I am the cheater?

The short answer to all of these concerns is that Illinois is a no fault divorce state. That means the affair itself is not relevant. For example, the maintenance statute indicates that maintenance is determined "without regard to marital misconduct." Certainly there are minimal exceptions to this rule. Cohabitation is grounds for barring maintenance. Further, if you are being supported by a paramour, that decreases your need for support. But the affair, in itself, is not relevant.

Maxine Weiss Kunz Appointed to The Lilac Tree Development Committee

Posted on December 22, 2014 in Family Law

The In December of 2014 Maxine Weiss Kunz, founding member and partner of Weiss-Kunz & Oliver, LLC, was accepted onto the development committee of The Lilac Tree. This wonderful organization is a resource for divorcing women in the process of divorce, contemplating divorce, or post-divorce.

The Lilac Tree offers help in many ways, including divorce workshops and seminars. These programs are available in the evenings and weekends, if necessary. The group is especially known for reducing stress during the divorce process. Reducing stress during a divorce, or for those contemplating divorce, or post divorce, is also a goal of Weiss-Kunz & Oliver, LLC.

The Lilac Tree also offers divorce Support Groups and referrals at no cost to other professionals, including without limitation accountants, financial planners, and collaborative professionals. Maxine Weiss Kunz is also a collaborative attorney which is how she first came to hear about the wonderful efforts of The Lilac Tree.

The Importance of Premarital Agreements Due to New Illinois Guideline Maintenance Statute

Posted on December 19, 2014 in Marital Agreements

illinois-prenuptial-agreement There is an assumption by many that premarital agreements, more commonly known as prenuptial agreements, are only necessary for the extremely wealthy, to preserve a inheritance, or for second marriages. This is not accurate. Especially with the new guideline maintenance laws coming into effect, premarital agreements are extremely important to protect against high maintenance (also known as alimony or spousal support) awards that could end up prejudicing the payor.

For example, starting in January 2015, if a court determines that an award of alimony is appropriate in your case, a husband or wife earning under $250,000 dollars per year could be liable for maintenance to their soon to be ex-spouse for 15 years or more. You could be liable for permanent maintenance. If your spouse does not work, you may end up paying them as much as 40% of your income. This is where a premarital agreement can protect you.