Posted on October 06, 2021 in Divorce

Legally ending a marriage is a complex process, and couples will need to address many different issues as they work to complete their divorce. Once the divorce process is complete, spouses will usually be ready to move forward from this difficult time and begin the next stage of their lives. However, some ex-spouses may experience changes in their lives that affect the terms of their divorce decree, or they may uncover issues that they believe were handled incorrectly during their divorce. In certain cases, an ex-spouse may petition for modifications of their divorce decree or judgment, and a person may also need to take action to enforce the terms of their divorce.

While there are many situations where a person may feel that post-divorce modifications are necessary, they will need to meet certain requirements to show that these types of modifications should be made. By understanding how the laws in Illinois apply in these situations, an ex-spouse can make sure they take the correct steps to successfully petition for changes to their divorce decree. At Weiss-Kunz & Oliver, LLC, we work with our clients to help them determine whether they qualify for post-divorce modifications, and we provide representation when addressing these matters in the courtroom. If you believe that a modification is needed, we can help you prepare and file a petition, assist in negotiating an agreement with your ex-spouse, and advocate on your behalf during legal proceedings.

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 Posted on August 27, 2021 in Divorce

A divorce will involve many different issues that will need to be addressed before a couple’s marriage can be legally dissolved. In some cases, couples will be looking to pursue an uncontested divorce in which they will resolve these issues outside of court, create a divorce settlement that fully details the decisions made, and complete their divorce by attending a “prove-up” hearing. However, it is likely that couples will encounter disagreements about some of these issues, and they may struggle to resolve these disputes on their own. In a contested divorce case, a person will want to understand their options for addressing these issues.

At Weiss-Kunz & Oliver, LLC, we know the difficulties that divorcing spouses can encounter as they determine how to proceed with ending their marriage. We are dedicated to helping our clients find effective solutions that will allow them to complete the divorce process as efficiently as possible and move forward with their lives. For those who have encountered disputes that seem difficult to resolve, we work to help them determine the best course of action. We make sure our clients know their options at all times, and we provide strong legal representation to ensure that their rights and interests will be protected.

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 Posted on August 13, 2021 in Children and Divorce

Of the many complex financial issues that spouses may need to address during the divorce process, tax considerations can be among the most confusing. These issues can be a major concern for parents since the ability to claim children as dependents can affect the amount of taxes that a person will pay, the tax credits they can claim, and the tax refunds they will receive when filing their annual tax returns. Parents will need to be sure to understand how to address child-related tax issues both during the divorce process and after their divorce is complete. They will also need to understand how they will be affected by changes in tax laws, including the ability to receive advance child tax credits.

Advance Child Tax Credits for 2021

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 Posted on July 23, 2021 in Spousal Maintenance/Alimony

Out of the different types of financial matters that couples will need to address during a divorce, spousal support can often be one of the most contentious issues. While parents will usually recognize that child support will be necessary to provide for their children’s needs, and couples understand that they will need to divide their marital property fairly and equitably, a spouse may be unhappy about the requirement to make ongoing payments to their former partner. However, there are situations where this form of support may be necessary, and it is important for spouses to understand how the laws that address this issue will apply in their case.

When addressing matters related to spousal support and other financial issues during your divorce, you can improve your chances of achieving a positive outcome by working with an experienced divorce attorney. Your lawyer can explain your rights and ensure that all financial factors in your case are considered properly, and they can act as your legal advocate, making sure your rights and interests will be protected in the decisions that are made.

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 Posted on July 13, 2021 in Child Custody

When divorcing spouses share children, the divorce process is much more complex – legally, financially, and personally. If you are a parent getting a divorce in Illinois, it is essential to know what to expect. By educating yourself on child custody concerns, you can prepare for these concerns in advance. The better prepared you are, the better position you will be in to make the decisions that are right for you and your family.

For help, contact a skilled divorce lawyer who understands the unique challenges parents face during divorce and how to meet these challenges head-on. Getting divorced as a parent can seem overwhelming and intimidating, but you do not have to face this situation alone. An experienced attorney can protect your rights, explore your options with you, and help you take the legal steps necessary to accomplish your child custody goals. 

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 Posted on June 23, 2021 in Marital Agreements

Prenuptial agreements: Are any other legal documents subject to more controversy and misunderstanding? Prenuptial agreements, also called premarital agreements or “prenups,” are legal contracts that a couple signs before getting married. Many people grossly misunderstand the purpose of a prenuptial agreement. They assume that only couples who do not believe in the longevity of their marriage would sign a prenuptial agreement or that prenups are only used by wealthy husbands to prevent their wives from pocketing their wealth.

In reality, drafting a mutually beneficial prenuptial agreement is one of the most responsible and practical steps you can take before getting married. Prenups serve a wide range of purposes, including protecting both spouses’ property rights, avoiding stressful litigation in the event of divorce, and describing how property should be distributed if a spouse passes away.

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 Posted on June 08, 2021 in Division of Assets

Although we rarely think of marriage in these terms, spouses who get married enter into a financial partnership with each other. Consequently, a marriage represents much more than the romantic or personal connection between spouses. It also represents a melding of the spouses’ finances. Per Illinois law, spouses are entitled to an equitable portion of the marital estate during divorce. Unfortunately, the process of allocating marital property between spouses in a divorce becomes much more complicated when a spouse lies about finances. 

If you are getting divorced, it is essential to understand your rights regarding the division of marital property, child support, spousal maintenance, and other divorce issues. If you suspect that your spouse is lying about finances or may attempt to hide assets during your divorce, contact a divorce attorney for help right away.

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 Posted on May 25, 2021 in Divorce

Getting a divorce is rarely easy, especially in contentious cases involving high levels of conflict between spouses. It is understandable that spouses may not see eye to eye during the divorce process, and disagreements can be expected in most cases. However, there are some cases where a spouse may behave unreasonably and have unrealistic expectations about what should happen during the divorce process. Unfortunately, those who are getting divorced from a spouse with mental health issues will often experience difficult conflicts, and this is especially true when a spouse is a narcissist.

Divorces involving mental illness and concerns about the health and safety of the parties and their family members can become complex very quickly. If you believe that your spouse is a narcissist, you may need to prepare to address multiple types of conflicts and legal issues, and you will want to take steps to protect your rights and determine your best options for resolving disputes successfully. Having the right attorney on your side during this process is crucial. A lawyer who is experienced in high-conflict divorce cases can advise you of your options and provide you with skilled representation when addressing issues in the courtroom.

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 Posted on May 11, 2021 in Divorce

The divorce process can be complicated regardless of a couple’s circumstances. Spouses may be involved in contentious disputes related to any or all of the issues that will need to be resolved before they can legally dissolve their marriage. Even if a couple agrees on most of the issues in their divorce and plans to avoid conflict wherever possible, they may still encounter difficulties related to their property, incomes, and finances. This is especially true in high net worth divorce cases where spouses own valuable assets or earn high incomes. In these cases, spouses will need to address a variety of unique financial concerns. It is crucial for spouses to secure representation by an attorney who is experienced in high asset divorce cases, and with the right lawyer on their side, they can make sure their legal and financial concerns will be addressed correctly.

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 Posted on April 30, 2021 in Divorce

Being involved in any type of legal proceeding can be taxing, but finding yourself arguing about your marriage in a courtroom is especially difficult. It can be challenging to see your years of marriage being reduced to a legal battle and having a judge, who knows little to nothing about your life or relationship, make decisions about your future. While divorce litigation is often a last resort for divorcing couples, with the right attorney arguing on your behalf, you can be assured that your rights and interests will be protected.

Is a Divorce Trial Right for Me?

If you are in the beginning stages of your divorce, you should be aware of all of your options for resolving disputes with your spouse. Trial litigation is far from your only option, but depending on your circumstances, it may be the best fit for you and your family. Methods that you may use to resolve divorce-related issues include:

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