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Number of Children Continue Reading ››
Is My Divorce Uncontested?
Posted on April 09, 2015 in Lincolnwood Divorce Lawyer
 Divorces are usually classified as either contested or uncontested. It is important to understand the difference between the two. A contested divorce means that the parties are not able to come to an agreement on disposition of property, finances, and custody of the children. The parties need the court system to decide these matters for them. In these instances, it is always best that you reach out to an attorney who is experienced in filing the appropriate motions and petitions necessary to protect your rights.
Alternatively, an uncontested divorce occurs when the parties have reached an agreement on all issues they may face, including disposition of property, finances, and custody. An uncontested divorce is the preferred way to go, as they will save the parties’ both significant time and litigation costs.
An experienced attorney can review your case for common pitfalls that trip up divorcing couples and advise you of your legal rights and responsibilities. Continue Reading ››
I Am Not Married to the Mother of My Child, What Rights Do I Have?
Posted on March 09, 2015 in Child Custody
 It is common in today’s world for couples to have children out of wedlock. There is no longer, or at least less so, a stigma about putting kids before marriage. However, the problem arises when (if) the relationship ends. The mother is presumed to the parent of the child by virtue of having given birth to the child. A man is presumed to be the father of a child if he and the mother are or have been married to each other, if the father signed a voluntary acknowledgment of paternity (VAP), and/or the father is on the child’s birth certificate. What rights does the father or mother have if the relationship ends and there was no marriage?
Parentage matters are governed by multiple statutes. First, the Illinois Parentage Act of 1984 (750 ILCS 45/1 et seq). This is different from the Illinois Parentage Act (750 ILCS 40/1 et seq.) which deals with artificial insemination. The Illinois Parentage Act of 1984 is usually referred to as the “Paternity Act.” Continue Reading ››
How Will My Divorce Affect My Children?
Posted on February 17, 2015 in Divorce
 The biggest concern for most parents in a divorce, or when considering a divorce, is how it will affect their children. The impact of divorce on children depends in large part on how their parents (the parties to the litigation) react to the divorce.
One of the most important things to remember when going through a divorce, is not to drag your children into the litigation. Divorce is adult business. Children should not have to deal with adult stressors.
Here are some ways you can avoid involving your children in divorce litigation:
- Decide with your spouse how to tell the children about the divorce. You may not be married anymore (once the divorce is final), but you are always parents. You need to be able to talk to each other and make decisions that are best for your children.
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How Do I Find the Best Divorce Attorney in Chicago?
Posted on January 26, 2015 in Divorce
 Lawyers frequently hear the question, “How do I find the best divorce lawyer in Chicago?” Or, “How do I find a top divorce lawyer?” from parties seeking to dissolve their marriage. If you do not have a referral, you may find yourself searching the internet to find the right attorney to represent you in your divorce.
A top divorce lawyer, or top Chicago attorney, is subjective. It all depends on the eye of the beholder. When seeking a divorce lawyer that fits your needs, you need to ask yourself specific questions, such as:
- Do I think my case will go to trial?
- Do we agree on everything, but we want a lawyer to write up the paperwork?
- Do I have a custody fight or custody battle in my divorce?
- Do we plan to share our time equally with the children?
- Are there complex assets that need to be valued or sold?
- Do we have a small marital estate?
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Lincolnwood Divorce Lawyers Open Three Illinois Offices and Launch New Website
Posted on January 12, 2015 in Illinois Divorce Attorney
 Lincolnwood divorce law firm Weiss-Kunz & Oliver, LLC is pleased to announce the opening of three offices in Northern Illinois. The family law and divorce law firm opened its three offices in order to better serve clients throughout Illinois, including Cook, Lake and DuPage counties. The three offices serve clients in downtown Chicago, at 180 N. LaSalle Street, Suite 3700; in Lincolnwood, at 6703 N. Cicero Avenue; and, in Lisle, at 5950-E Lincoln Avenue, Suite 100.
In conjunction with the opening of the three family law offices, Weiss-Kunz & Oliver, LLC has launched a new informative website. The new legal website can be found at and contains helpful legal information for clients looking for more information regarding divorce and family law in Illinois, as well as a blog sharing new legal trends and firm related updates. The content marketing and design team of OVC INC. Lawyer Marketing partnered with Weiss-Kunz & Oliver, LLC to create the website. Continue Reading ››
The Effect of Infidelity on Divorce
Posted on January 07, 2015 in Family Law
 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. Continue Reading ››
Maxine Weiss Kunz Appointed to The Lilac Tree Development Committee
Posted on December 22, 2014 in Family Law
 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. Continue Reading ››
The Importance of Premarital Agreements Due to New Illinois Guideline Maintenance Statute
Posted on December 19, 2014 in Marital Agreements
 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. Continue Reading ››
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In Illinois, the current statute that governs child support is 750 ILCS 5/505 which is titled, “Child Support; Contempt; Penalties.” According to the Illinois child support statute, guideline child support is as follows:
