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.

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 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.

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 Posted on February 24,2022 in Mediation

Getting a divorce can be a complicated process. Regardless of the level of conflict between spouses, there will be multiple legal and financial issues that will need to be addressed. Even if a couple has agreed to work together to resolve these issues amicably, they may encounter a number of concerns that will affect their finances, their relationships with their children, and their ability to move forward after their marriage has been dissolved. These issues can become even more complicated in cases where a couple becomes involved in contentious disputes. Fortunately, divorcing couples have a number of options for resolving their issues and completing the divorce process, and in many cases, they can benefit by using mediation or collaborative law.

At Weiss-Kunz & Oliver, LLC, we work to ensure that our clients have the tools they need to complete the divorce process successfully. We provide guidance throughout the legal process, advising our clients on the issues that they will need to address and the ways they can protect their rights and resolve conflicts. We can help divorcing spouses determine whether mediation may be a good option for creating a divorce settlement or whether a collaborative divorce may be a beneficial method of resolving disputes and finalizing the end of their marriage. If an amicable resolution is not possible, we are fully prepared to provide representation during divorce litigation and advocate on our clients’ behalf in hearings and trials.

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 Posted on February 21,2022 in Division of Assets

If you are preparing to get married, you will have a lot to consider as you plan for your life together with your future spouse. When there are many different issues related to your wedding that you will need to address, as well as plans for changes to your life as you combine your finances and prepare to live together, the possibility of a divorce is likely to be the last thing on your mind. Even if the idea that your marriage may not last may be unthinkable, you should still consider this possibility and make plans for how you and your partner will handle matters if you do choose to get divorced in the future. You can do so by creating a prenuptial agreement, and even if divorce never becomes an issue, this type of agreement can benefit you and your spouse in other ways as well.

Prenuptial agreements in Illinois are governed by the Uniform Premarital Agreement Act. Illinois law uses the phrase "premarital agreement" but the term prenuptial agreement is still sometimes used informally. 

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 Posted on January 28,2022 in Divorce

For many people, divorce represents a fresh start that will allow them to close a chapter in their lives and move on from a relationship that was not working. Part of moving forward following a divorce may include changing a person’s last name and reverting to their maiden name or the name that had used before getting married. There are also a variety of other situations where name changes may be appropriate for those who are involved in family law cases. By understanding the requirements for legally changing a person’s name, those who are looking for a fresh start or who wish to make changes in their lives can follow the correct procedures and avoid any complications that may affect them.

At Weiss-Kunz & Oliver, LLC, we understand the complex legal issues that can affect people who are going through the divorce process or who are involved in other types of family law matters. While changing a person’s name may seem like an afterthought in many of these cases, taking steps to do so at the right times can help a person avoid potential complications. We can provide guidance on the procedures that must be followed in these cases, and we can also help address and resolve any complications that may arise.

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 Posted on January 14,2022 in Children and Divorce

Even at the best of times, a divorce is likely to involve conflict between spouses. While a couple may be able to negotiate with each other and come to agreements in some areas, they may reach an impasse when addressing certain issues. In many cases, disagreements involving a couple’s children can be especially difficult to resolve. To address these matters, outside experts may become involved in a case, and a judge may appoint a guardian ad litem or child custody evaluator. When dealing with these types of experts, parents will need to make sure to understand their rights and the ways they can protect their children’s best interests.

The attorneys of Weiss-Kunz & Oliver, LLC have represented clients in a wide variety of complex divorce and family law cases involving child-related issues. With our experience in these matters, which includes serving as guardians ad litem and legal representatives for children, we can help divorcing parents understand the best ways to proceed in these matters. We work to help our clients resolve disputes related to their children and other aspects of divorce as effectively as possible, ensuring that they will be able to move forward with their lives and maintain positive family relationships after completing the divorce process.

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 Posted on December 30,2021 in Marital Agreements

Cases involving family law issues can be very complicated, and there are some situations where the decisions made in family court may be challenged by one of the parties involved. During an appeal, a person may argue that errors were made during the original case and that the decisions were based on an incorrect interpretation of the law. Appeals are usually only needed in extraordinary circumstances, but they may be necessary to ensure that a person is treated fairly.

Not all appeals are successful, and unfortunately, appellate court judges sometimes make decisions that may be viewed as unfair and unjust by those who were involved in a case. Attorney Amanda Oliver recently represented a client in an appeal involving the enforceability of a postnuptial agreement, and while the court ruled against her client, the case illustrates some of the issues that may be addressed when these types of matters are contested. The case in question involved a high net worth divorce, in which the wife wished to leave a marriage with a husband that she claimed was emotionally abusive. The husband convinced the wife to sign a one-sided postnuptial agreement, and after the wife filed for divorce, the husband took action to enforce this agreement. The wife argued that the agreement should not be enforceable because it was unconscionable, or grossly unfair. However, the trial court ruled against the wife and upheld the terms of the agreement.

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 Posted on December 28,2021 in Infidelity and Divorce

There are many reasons why a couple may choose to end their marriage, but infidelity is one of the most common causes of the breakdown of a relationship. When one spouse engages in an extramarital affair, the other spouse will most likely feel betrayed, and the anger and sadness that they experience may lead to contentious disputes during the divorce process. Understanding the role that infidelity may play when addressing divorce-related issues, can help spouses make the right decisions that will allow them to resolve disputes and complete the process of dissolving their marriage.

To ensure that legal issues are addressed correctly during the divorce process, it is crucial to work with an experienced family law attorney. At Weiss-Kunz & Oliver, LLC, our lawyers work closely with divorcing spouses, ensuring that they understand their rights and the best ways to handle concerns related to infidelity and other matters that may affect their case. We help our clients determine how they can resolve disputes with minimal conflict, but we are also prepared to argue cases in the courtroom and pursue divorce litigation when necessary. Our goal is to help divorcing spouses complete the process of dissolving their marriage as efficiently as possible while also making sure they will be prepared for success in the future.

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 Posted on December 08,2021 in Divorce

When you choose to get a divorce, there are many complex financial issues that you will need to address. Making the right decisions as you plan to end your marriage and proceed with the divorce process will ensure that you will have the financial resources you need as you move forward into the next phase of your life. When addressing financial matters, tax considerations are one of the key issues that you will need to address. By understanding how the decisions you make during your divorce will affect the taxes you owe and the deductions and credits you can claim, you will be able to avoid unexpected surprises and maintain financial stability in the future.

At the law firm of Weiss-Kunz & Oliver, LLC, we work closely with our clients to help them gain a complete understanding of the financial issues that will play a role in their divorce. We regularly represent clients in high net worth divorce cases, and we are familiar with the complex tax considerations that can arise when addressing ownership of property, support payments, transfers of money or property between spouses, selling real estate or other property during divorce, and other financial issues. We work to help our clients make the right decisions that will protect their financial interests throughout the divorce process and beyond.

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 Posted on November 30,2021 in Divorce

Over the past decade, the LGBTQ+ community has experienced significant benefits as state and federal laws have recognized their rights. Since 2015, same-sex couples have been able to be legally married in every state in the U.S., and this has not only allowed them to establish long-term relationships, but it has also provided them with the benefits and legal protections that come with marriage. While LGBTQ couples now have the same rights as opposite-sex couples, they may need to address some unique legal issues prior to getting married, during their marriage, and in the event of a breakup or divorce. To protect their rights and interests, couples may want to consult with an attorney to address matters related to same-sex marriage and divorce.

At Weiss-Kunz & Oliver, LLC, we believe in protecting the rights of our clients, regardless of their sexual orientation, gender identity, family relationships, or any other concerns that may affect a family law case. We work to help our clients understand the steps they can take to protect themselves as they prepare to get married, and we provide strong and effective representation during the divorce process. We work to ensure that same-sex spouses will be able to address the legal issues that may affect them and resolve disputes related to their property, their finances, and the custody of their children.

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