Posted on July 11, 2025 in Divorce

When most couples prepare for divorce, they anticipate disagreements over major issues like child custody or dividing their assets. But in many cases, the most frustrating complications are a result of smaller, overlooked details. These seemingly minor issues can lead to long delays, additional expenses, and ongoing arguments long after the divorce is finalized.

Throughout Illinois, spouses often ask what pitfalls to watch for as they navigate the process. These ten small factors, if not carefully addressed, have the potential to cause significant problems. Our Elmhurst, IL divorce attorneys can take a close look at your marriage and help you discover which of these need attention.

Marital Debt

Many couples focus on dividing assets like homes and retirement accounts but do not think about how debts will be divided unless debt has been a major source of conflict during the marriage. Under Illinois divorce law (750 ILCS 5), most debts that are borrowed during the marriage are considered marital debt, even if the account is in only one spouse’s name. That includes credit card balances, car loans, medical bills, and even personal loans like student loans or payday loans.

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 Posted on June 30, 2025 in Divorce

Marriage at a young age often brings hope, passion, and dreams of building a life together. But as the years pass, those early dreams can start to unravel, especially if the couple grows in different directions. Whether you married right out of high school, during college, or in your early twenties, you might now be wondering: What happens if you feel like you made the wrong decision? 

What does divorce look like if you are still young, have no assets, or still care about your spouse? This blog walks through what you need to know if you are thinking about ending a marriage that began when you were very young. If you do decide that divorce is the right way forward for you, our DuPage County, IL divorce attorneys are here to help you work through your options. 

Can I Get Divorced in Illinois If I Am Still in My Twenties?

Illinois law does not impose an age limit for divorce, so long as you are legally married. If you were old enough to get married, you are old enough to file for divorce. Under 750 ILCS 5/401, one spouse must live in Illinois for at least 90 days before filing. If you meet that requirement, you can initiate the divorce process.

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 Posted on June 16, 2025 in Division of Assets

In Illinois, spouses have a legal duty to disclose all assets — marital and non-marital — during a divorce. When one party attempts to hide, transfer, or obscure the value of assets, the court may impose serious consequences. Judges have broad discretion to address this type of misconduct, and they often do so with significant financial penalties.

Whether the hidden assets involve secret bank accounts, undervalued businesses, cash-only income, or property titled in someone else’s name, the law allows for both aggressive discovery and decisive remedies. A skilled litigation team of Elmhurst, IL divorce lawyers with experience in tracing assets, issuing subpoenas, and examining financial records can make the difference between a fair outcome and a devastating loss.

The Duty to Disclose

Illinois courts expect both parties in a divorce to participate in full and honest financial disclosure. Under Illinois Supreme Court Rule 213(f), and more specifically within family law cases, each party must file a verified financial affidavit and submit supporting documentation. This includes bank statements, pay stubs, tax returns, and evidence of debts and expenses.

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 Posted on May 28, 2025 in Marital Agreements

Clearing Up Common Misconceptions About Prenuptial Agreements in Illinois

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 – most of us understand that much.

However, many people seriously 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. Our Illinois family lawyers help couples write smart, enforceable prenuptial agreements that protect their wishes and honor their commitment to each other.

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 Posted on May 12, 2025 in Divorce

Divorce is often a painful process, not only for the couple involved, but for everyone — and everything — caught in the middle. This includes the family dog. If you are going through a divorce in Illinois and want to keep your dog or another pet, the law has evolved in ways that may help you. However, success is not automatic. You must be prepared to show the court why your continued care of the pet is appropriate, fair, and in the pet’s best interests.

This blog will explore how Illinois courts now handle pets in divorce, how to demonstrate your connection to the animal, and how to respond if your spouse is acting in bad faith. When working with clients dealing with complex property division issues involving pets, our Illinois divorce attorneys will also examine practical concerns such as expenses, gifting, and the role pets play in children's emotional lives.

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 Posted on April 24, 2025 in Divorce

While most divorces in Illinois are resolved through settlement, sometimes litigation becomes necessary. When negotiations break down or major disagreements remain over issues like property division, child custody, or spousal maintenance, a trial may be the only way to resolve matters. If you are heading toward a divorce trial in DuPage County, knowing what to expect can help reduce stress and improve your ability to make informed decisions.

At Weiss-Kunz & Oliver, LLC, we prioritize mediation and collaboration whenever possible. These methods are often more efficient, less emotionally draining, and better able to give spouses more control over the outcome. However, we also know that some divorces—especially those involving high-value assets or deeply entrenched disputes—require strong courtroom advocacy. Our Elmhurst, IL divorce attorneys are prepared to fight for you when necessary, and we are committed to offering responsive, strategic representation every step of the way.

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 Posted on April 10, 2025 in Child Custody

Frequently Asked Questions About Illinois Child Custody Cases

When parents are facing a divorce or separation, or when unmarried parents decide to co-parent from separate households, one of the most challenging legal issues they will face involves the care of their children. In Illinois, child custody is addressed through a legal framework known as the "allocation of parental responsibilities" and "parenting time." While the terms may have changed from the older concepts of legal and physical custody, the concerns parents face remain the same: Who will make decisions for the children? Where will the children live? How can both parents stay actively involved?

At Weiss-Kunz & Oliver, LLC, we guide parents through every stage of the custody process. Whether you are filing for divorce, resolving parenting issues as an unmarried parent, or modifying an existing court order, our Illinois family law attorneys are here to help you understand your rights and protect your relationship with your children. Below are answers to some of the most common questions we receive about Illinois child custody law.

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 Posted on March 26, 2025 in Child Custody

When parents cannot agree on how to divide parenting time (visitation) or parental responsibilities (decision-making authority) after a divorce or separation, the court may bring in a child custody evaluator to help determine what arrangement would be in the child’s best interests. This can feel overwhelming, especially if you have never been through a custody case before.

Below, our Illinois child custody lawyers answer some of the most common questions about custody evaluators in Illinois to help you better understand what to expect, as well as what you can proactively do to protect your role in your child’s life.

What Is a Child Custody Evaluator?

A child custody evaluator is a professional — usually a licensed psychologist, social worker, or other mental health expert — who is appointed by the court to evaluate the family situation and make recommendations about parenting time and decision-making responsibilities. In Illinois, this process is governed by Section 604.10 of the Illinois Marriage and Dissolution of Marriage Act.

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 Posted on March 13, 2025 in Divorce

Divorce is a sensitive personal matter with high stakes, especially when significant assets, business interests, or child custody disputes are involved. In these complex cases, choosing the right legal representation can make all the difference.

While some may assume that larger law firms offer superior services, a boutique family law firm with outstanding, focused attorneys often provides the personalized attention, strategic advocacy, and in-depth legal knowledge necessary for navigating a challenging divorce.

If you are facing divorce or other family law challenges in Illinois, Weiss-Kunz & Oliver, LLC offers distinct advantages that can directly impact your case's outcome. Below, we explore why working with our elite team of dedicated Illinois family lawyers can provide the best possible results.

What Sets Our Boutique Family Law Firm Apart?

The term "boutique" refers to a law firm that focuses on a particular area of practice rather than spreading its resources across multiple legal disciplines. Boutique family law firms dedicate their time, resources, and personal focus exclusively to cases involving divorce, child custody, financial settlements, prenuptial agreements, and other matters of family law.

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 Posted on February 24, 2025 in Divorce

Mental health conditions like depression and anxiety can drastically affect the course of divorce proceedings. Not only can they impact the tone of the divorce, but they can also play a role in decisions about child custody, financial support arrangements, and other important issues.

If you are planning to get a divorce and your spouse has a diagnosed or undiagnosed mental illness or other health issues, it is important to understand your rights. With representation from an experienced Illinois family law attorney who understands the potential for mental illness to affect divorce, you can protect your interests and determine the best ways to resolve any disputes you may encounter. At Weiss-Kunz & Oliver, LLC, we can help address these concerns during the divorce process, and we are prepared to fight for your rights and interests as you work to end your marriage successfully.

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