110 E. Schiller Street, Suite 320, Elmhurst, IL 60126

Weiss-Kunz & Oliver, LLC312-605-4041

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IL family lawyerLike many Americans, your vehicle is probably one of the most important and valuable things that you own. In today’s world, many families have multiple vehicles to get them from one place to another. In the event of a divorce, deciding who gets the vehicles can often be straightforward, but there are certain issues that should be addressed before the final decision is made. Consider these things when making decisions about how to divide your vehicles in a divorce:

  • Is the vehicle separate or marital property? The first thing that you should consider when dividing your vehicles is whether the vehicles are marital or nonmarital property. If you purchased the vehicle before you were married, then it is considered nonmarital property and you keep the vehicle. If you purchased the vehicle while you were married, then the vehicle must be allocated to one of you.
  • What is the market value of the vehicle? When dividing your property, it can be useful to know the monetary value of your assets. When it comes to vehicles, one vehicle might be worth more than another because of the age or features of the vehicle. This can be used as a bargaining chip for other assets to make up the difference between the two.
  • Do you still owe money for the vehicle? Another consideration is whether or not you and your spouse are still paying on a loan for the vehicle. If you and your spouse cosigned on an auto loan, you are both legally responsible for paying off that loan. It is generally agreed that the spouse who keeps the vehicle is the spouse to continue paying for the vehicle.
  • Who gets the vehicles? Determining who gets what vehicle can be a straightforward process if you and your spouse each have your own vehicles. If you have more than one vehicle, you can award the vehicles by value or you can come to another agreement with your spouse.

Our Skilled Elmhurst, IL Property Division Lawyers Can Help

If you are going through a divorce, you may be wondering how you should divide your marital property. This can be a long and tedious process, with vehicles just being one facet. At Weiss-Kunz & Oliver, LLC, we are here to help you fight for your rightful portion of your marital estate. Call our knowledgeable DuPage County property division attorneys today at 312-605-4041 to schedule a consultation.

 

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IL divorce attorneyThere is no arguing that an uncontested divorce is easier for everyone involved. When divorces are amicable, there is less arguing and less stress involved in the process. You also get to complete your divorce at your own pace when the divorce is uncontested. The state of Illinois even offers a specific divorce process for couples who do not have any major disagreements or extenuating circumstances surrounding the divorce.

Joint Simplified Divorce Requirements

The joint simplified dissolution procedure is a set of guidelines to help couples get a quick and easy divorce. However, not everyone can use this set of guidelines. There are certain requirements that couples must meet before they can file for a joint simplified divorce. A couple can only file a joint petition for a simplified dissolution if:

  • Neither spouse is dependant on the other spouse for financial support, or each spouse is willing to waive the right to support
  • At least one spouse has been a citizen of Illinois for at least 90 days
  • The requirement for irreconcilable differences has been met
  • No children were born of the marriage and the wife is not currently pregnant
  • The couple was married for less than eight years
  • Neither spouse has any interest in real property or retirement benefits
  • The total value of all marital property is less than $50,000, the combined gross annual income is less than $60,000 and neither spouse has an income of more than $30,000
  • Both spouses have disclosed all assets, liabilities and tax returns for all years during the marriage
  • Both spouses have agreed to a plan to distribute marital assets and allocate debts and liabilities among themselves
  • The spouses have agreed to a plan for the ownership and responsibility of any companion pets

The requirements for a joint simplified dissolution can be quite restricting. Not every couple will qualify for a joint simplified dissolution, but that does not mean you cannot file for an uncontested divorce. At Weiss-Kunz & Oliver, LLC, we offer a flat rate for uncontested divorce packages and can help you and your spouse stay on the uncontested track.

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Is Mediation Right for My Divorce?

Posted on in Mediation

IL divorce attorneyOnce you have come to the decision that you and your spouse are getting a divorce, your next task is to determine how you will go about getting the divorce. Though it may be surprising, there is more than one way you can get a divorce. Your default choice when you make your decision should be some form of a collaborative process. You can use a collaborative process, litigation, or mediation. The process you use to get divorced entirely depends on your unique situation and what would work best. An Illinois divorce attorney can help you determine the right course of action.

What Is Divorce Mediation?

Divorce mediation is a type of alternative dispute resolution (ADR) that allows you and your spouse to work with a third-party mediator to complete your divorce. Mediation, unlike most other forms of divorce, does not assign an attorney to each spouse. Instead of attorneys, the mediator is present to keep the couple on track about which issues they must address and helps to settle arguments if they arise. As such, the mediator is not allowed to give legal advice and is not permitted to pick sides or sympathize more with one spouse.

Mediate or Not?

Divorce mediation can be enticing to many couples because it often reduces court costs and completes the divorce as quickly as the couple pleases. There are also other benefits of divorce mediation, such as the ability to make your own decisions for your family, being able to have a more peaceful divorce and keeping stress to a minimum. In some cases, however, a mediated divorce would not be in the best interests of the family. You may want to consider a different method of divorce if:

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IL divorce lawyerThough it remains federally illegal, marijuana for recreational use and medical purposes is legal in the state of Illinois and other states across the country. In its fourth month of legality, recreational marijuana still faces negative stigmas surrounding its use. In Illinois divorce cases, spouses may become concerned about how recreational cannabis will factor into the case. In many cases, a spouse’s recreational cannabis use will not significantly affect the outcome of the divorce. However, in some situations, a spouse’s recreational marijuana use may affect certain aspects of the divorce case.

Marijuana Use and Asset Dissipation

Couples who divorce in Illinois must come to an agreement on how their assets will be divided. The only assets that are subject to division are marital assets or those gained by either spouse during the marriage. This can include income or money in savings accounts. Asset dissipation occurs when one spouse uses marital property for their own benefit for a purpose unrelated to the marriage, while the marriage was undergoing an irretrievable breakdown. If a spouse has a habitual and excessive cannabis hobby, the other spouse may be able to claim that the cannabis-using spouse dissipated marital assets to fuel their cannabis use.

Marijuana Use and Child Custody Concerns

If a couple has children during a divorce, they must also come to an agreement as to how their children will be raised after the divorce. Couples with children must come up with a parenting plan that outlines the time that each parent will spend with the child and what kind of decision-making responsibilities each parent has concerning their child.

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IL divorce lawyerSocial distancing guidelines have been in place for weeks in an effort to slow the rapidly spreading coronavirus. Nearly every aspect of our lives has been affected by this situation, including governmental and legal matters. In Cook County, the circuit court has changed some of its guidelines as to how court functions will take place during this pandemic. One of the changes includes how prove ups for a divorce are permitted to take place during this time. At Weiss-Kunz & Oliver, we have already utilized these new guidelines to conduct prove ups since the courts have been closed. This has resulted in successful outcomes for our clients in their divorce cases. 

What Is a Prove Up?

When a couple has an uncontested divorce, they must take steps to finalize their divorce and make it official. To do this, they are required to attend a hearing before a judge, allowing the judge to review their agreements and ensure that the agreements are fair and in the best interest of any minor children involved in the divorce. Once the judge signs the divorce agreement, the divorce is final. This chain of events is commonly referred to as a prove up. Prove ups are typically required to be in person, with everything in writing, though such circumstances have temporarily changed due to the reduction in court operations.

Requirements for Oral Prove Ups

The Cook County circuit court has put measures into place to allow couples to finalize their divorce remotely. If a couple wishes to have their prove up conducted remotely, they must sign a document stating they agree to do so. The agreement, as well as all required documents, must be submitted to the court via email. The agreement must contain a requested date, time and method of communication, such as Skype or a conference call. The court will then respond with a confirmation of your chosen date and time or a new date and time for the prove up.

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