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.

Simple Name Changes Following Marriage or Divorce

Changing a person’s name is generally an easy process when a couple gets married. A valid marriage certificate will allow either spouse to change their last name, and they can generally do so by updating their information at their local Social Security office.

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.

When Are Outside Experts Appointed to Address Child Custody?

When divorcing parents disagree about the allocation of parental responsibilities or how parenting time should be divided, it may be difficult for a family court judge to gain a full understanding of the issues involved in the case. While the arguments made by each parent will address the parents’ desires and their beliefs about what is best for their children, this may not provide a complete picture of the family’s situation. Since a judge will be looking to find solutions that will protect the children’s best interests, they may need assistance from other parties to gain information about the case and determine how child-related issues should be resolved.

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.

The wife made multiple arguments detailing why the agreement was unfair, including that it provided her with only a small fraction of the couple’s marital estate. Under the agreement, the wife received a property settlement in return for waiving a claim to spousal maintenance, and while the husband kept the couple’s marital home, the wife received several hundred thousand dollars that could be used to purchase a new residence. However, the husband ended up keeping the majority of other assets, including real estate investment properties, retirement accounts, vehicles, cash funds, and investment accounts. 

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.

Addressing Infidelity When Filing for Divorce

When one spouse files a petition for divorce, they may believe that they will need to detail the reasons why they wish to end their marriage, and they may think that by laying the blame for the divorce on infidelity committed by the other spouse, this will provide them with an advantage during divorce proceedings. However, since a change to the laws in 2016, the state of Illinois no longer recognizes fault-based grounds for divorce. That is, a divorce petition will not state the specific reasons why a person wishes to end their marriage, and it will not make any claims about whether either party was to blame for the breakdown of the couple’s relationship.

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.

Filing Status During and After Divorce

After your divorce is finalized, you and your spouse will be required to file taxes separately. However, before your marriage is legally terminated, you will need to determine how you will file tax returns either together or separately. By determining the correct filing status, you can determine the best ways to minimize the taxes you owe and ensure that you receive the proper tax refunds. Your options for filing taxes during your divorce may include: