Getting a divorce can be a difficult process, regardless of the situation surrounding the end of a couple's marriage. However, there are some issues that can complicate the divorce process, and if they are not handled correctly, a case can become much longer, more drawn-out, and more expensive. Financial concerns related to the division of marital property can often lead to contentious disputes, and this is especially true in situations involving business ownership. Whether divorcing spouses own a business together, a spouse owned a business before getting married, either spouse has an ownership share in a family business, or a couple owns multiple types of business interests, it is important to understand how these assets will be addressed during the divorce process.

The law firm of Weiss-Kunz & Oliver, LLC provides experienced, dedicated representation during complex divorce cases. We understand the challenges that can arise when dividing business interests during divorce, and we work diligently to protect the rights and interests of our clients throughout the divorce process. We can work with financial experts to ensure that business assets are valued properly, and we will advise our clients on the solutions that will protect their financial interests going forward.

When Do Business Interests Need to Be Addressed During a Divorce?

When it comes to dividing business assets and other types of property during the divorce process, the first step is to determine which assets are considered marital property and which are separate property. Generally speaking, any asset acquired during the marriage is considered marital property, while assets that were acquired before the marriage or after the date of a legal separation are considered separate property. 

In family law cases, the parties involved will often find themselves at odds with one another. Multiple types of contentious disagreements can arise, and a couple going through a divorce or parents who need to address issues related to child custody may ask a family court judge to make decisions and issue orders detailing how certain matters should be handled. However, conflicts may still continue even after a judge makes these decisions, and one party may accuse the other of violating the court's orders or failing to meet their requirements or obligations. In these situations, one party may ask that the other be held in contempt of court.

Addressing contempt in family law cases can often be a complex matter. A person who is charged with contempt may face serious consequences, and they will usually be looking to show that they did not commit the alleged violations. The other party will usually need to provide compelling evidence showing that willful violations of court orders occurred. To ensure that these matters will be addressed correctly, it is crucial to be represented by an attorney who has experience addressing contempt and other complex family law issues. At Weiss-Kunz & Oliver, LLC, we regularly represent clients in complex divorce and family law cases. We can help you understand your rights and options, and we will work to ensure that these issues can be resolved successfully.

What Is Contempt of Court?

In the context of family law, contempt refers to willful disobedience of a court order. This may include a failure to follow temporary orders put in place while a divorce or child custody case is pending, as well as violations of legal obligations that will apply after a case has concluded. Since a settlement created by spouses or parents or a judgment put in place by a judge will be legally binding, violations of these orders may result in a person being held in contempt of court.

On August 27, 2022, Maxine Weiss Kunz and Amanda Oliver were proud to be able to attend the annual Gala of the Illinois chapter of the American Academy of Matrimonial Lawyers (AAML). The event took place on the Anita Dee II, which set sail from DuSable Harbor in Chicago around 7:30 p.m. The weather was perfect, and wonderful food was served, including a taco bar and vegetarian options. Since the event had not been held during the past two years due to the Covid pandemic, everyone aboard was glad to be able to mingle and network with each other, dance, and enjoy themselves.

The event had a great turnout, with the majority of judges from Cook County and DuPage County attending. Many judges from Lake County were also in attendance, as well as numerous other family law professionals, including 604.10 child custody evaluators. Judge Regina Scannicchio of Cook County's Domestic Relations division gave a wonderful speech. Attorney Steven Lake accepted the Samuel S. Berger Award on behalf of the late Alan Toback. When he spoke about his partner of more than 30 years, everyone in attendance was moved when he broke down and could not speak.

We were gratified to have the opportunity to connect with others in the Illinois legal community and demonstrate our commitment to the practice of family law. Being able to get together with others in person after the isolation so many of us have experienced over the past two years provided us with a great reminder of the importance of community and personal connections. We strive to provide our clients with the personal touch they deserve as they address complicated, emotional legal matters. Meeting with others who provide high-quality legal representation provides us with the encouragement to always strive for excellence as we advocate for our clients' rights and interests.

The end of a marriage will involve many different financial issues. Since couples will typically combine their finances while they are married, they will both need to determine how they will be able to meet their needs on their own after their divorce. However, this can sometimes be difficult, especially if one spouse has been the primary or sole income earner for their family, and the other spouse has less work experience, is a stay-at-home parent, or will be unable to fully support themselves for other reasons. 

Spousal support, also called spousal maintenance or alimony, may be an issue in a divorce case when one spouse has been financially dependent on the other during the marriage. However, the issue of spousal support can lead to contentious disputes during the divorce process. One spouse may believe that they deserve to receive support, while the other may be unhappy about the prospect of making regular payments to their ex-spouse, and they may be concerned about how this will affect their ability to meet their own ongoing needs. When addressing this issue, it is important to understand how Illinois law determines when a spouse may be eligible to receive spousal maintenance and how long support will be paid.

At Weiss-Kunz & Oliver, LLC, we understand the financial issues that will often need to be addressed in complex divorce cases. While the matter of spousal support can lead to contentious disputes, we work to protect the rights of our clients by ensuring that they fully understand how the law applies in their situation. We can advocate on our client's behalf when negotiating a divorce settlement or pursuing litigation, and we will help find solutions that will allow for continued financial success in the years following the end of a marriage.

Getting a divorce with children can be difficult. The choice to end a couple’s marriage is likely to upend the lives of the entire family. As a couple determines how to separate various aspects of their lives, one key issue they will need to address will involve where children will primarily live and when they will spend time with each parent. Workable parenting time schedules will need to be created, and parents will also need to consider a variety of issues to ensure that they will be able to provide for their children’s best interests going forward.

While parents may be able to work together to determine how they will be able to meet their children’s needs, it is important to make sure all legal issues related to children are addressed correctly during the divorce process. To do so, a parent will want to secure representation from an attorney who has experience in these matters. The law firm of Weiss-Kunz & Oliver, LLC works to help parents resolve disputes related to their children and put agreements in place that will protect their rights. We work to ensure that our clients will be able to maintain strong relationships with their children and that they will have the resources they need as they move forward following a divorce.

Understanding Physical Custody/Parenting Time

In divorce and family law cases involving children, issues related to child custody are generally divided into two categories: legal custody and physical custody. In Illinois, legal custody is known as the allocation of parental responsibilities, and physical custody is known as parenting time. The allocation of parental responsibilities involves the right to make decisions about important aspects of children’s lives, including their education, their health and welfare, the religion they will be raised in, and the activities they will participate in. Parents may agree that they will equally share in some or all of these areas of responsibility, although depending on the family’s situation, one parent may have primary or sole responsibility in certain areas.