wkoGoing through a divorce is physically, emotionally, and mentally challenging. Self-esteem may be low, emotions are often running high, and being almost, but not quite yet single, can be exciting. Although there is no Illinois law against dating during a divorce, it can add additional complications and legal issues for you and your new partner. Before you jump into a new relationship pre-divorce, here a few reasons as to why you should consider waiting until the ink is dry on your divorce papers:

  1. Changes or elimination of spousal support or child support may occur. If the judge finds out you are living with your new partner, your spousal support may be affected. If you are the one receiving spousal support payments, the court may find that you no longer need the money because your new partner is supporting you. If you are receiving child support, the extra income coming into your household by your new partner could result in a decrease in your child support payments. If you are the one making spousal or child support payments, the court may find that you have more money available, and order you to pay more.  No matter what side of the coin you are on, your spousal or child support could take a hit.

  2. You have children. Bringing your children around just anyone, especially in the midst of a divorce, is not an easy decision to make. Additionally, new relationships take time, and if you are focusing all your time on your new relationship, your children could notice and be affected by your distance.

  3. Child custody/parenting time may be affected. It is no secret that your ex-spouse may feel like they have been replaced and wonder how you and your new partner will be able to raise your children. Custody issues can be frustrating enough, but when one parent starts dating again before the divorce and custody are finalized, it can be like throwing gasoline on a fire, making it even more difficult to reach an agreement regarding your child custody arrangements and/or parenting responsibilities.

  4.  It is a distraction. Dating is fun, but not while you are going through a divorce. Your divorce and/or your children need and deserve all your time and focus during this difficult period. There will be plenty of time following your divorce to jump back into the dating scene.

Contact an Elmhurst, Illinois Divorce Attorney Today

Dating is only one issue that can have an impact on the divorce process. If you and your spouse have decided to end your marriage, call our office to find out how we can help. Our clients benefit from our unique team of attorneys as we work together to provide you with the best representation. Contact a DuPage County, Illinois divorce attorney at Weiss-Kunz & Oliver, LLP, at 312-605-4041.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-35

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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerDivorce is a long and demanding process, but can get even more complex for high net worth couples. Unlike traditional divorces, high net worth couples must resolve issues dealing with complex taxation, support obligations, tracing of assets including offshore and international accounts, and valuation of businesses and other properties.

The following factors will help you prepare for what you might experience within your high net worth divorce:

1.    More assets, more to divide. Prior to your divorce, it is important to gather all tax (tax returns, W-9’s, I-9’s), financial, and property/asset documentation regardless of your knowledge on the subject. Documents tend to get lost after the divorce has already been filed, making this process more difficult and could put you at a disadvantage in divorce negotiations.

2.    Your divorce will be more expensive. Since you and your spouse have more assets, and more to divide, you two will be spending much more time with your attorneys than in a traditional divorce to reach a fair and agreeable division.

3.    A settlement/agreement will likely not be reached quickly. More assets, more to divide, more time involved in reaching an agreement. All of this tends to lead towards a long, back-and-forth battle between you and your spouse either inside or outside the courtroom.

4.    The standard spousal support/maintenance and/or child support payment formula may not apply. Illinois has a standard formula for child support and spousal support payments. However, that traditional formula may not apply to you and your spouse. The court will ultimately decide how much monthly payments for child support and/or spousal support will be based on income and other additional factors.

5.    Hidden assets could come into play. In high net worth divorces, it is not uncommon for partners to hide property, assets, and money from their spouse. If your spouse is found to have hidden assets within your divorce, certain circumstances within your case such as child support, spousal support, and property/asset division could be affected.

Contact a DuPage County, Illinois High Net Worth Divorce Attorney Today

Our firm is experienced in every avenue associated with a high net worth divorce. We will help you and your spouse reach a fair and agreeable settlement while keeping your divorce private. Contact an Elmhurst high net worth divorce attorney at Weiss-Kunz & Oliver, LLC at 312-605-4041or send us an email.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerAlthough your divorce is between you and your spouse, your child will experience the before and after effects as well. Divorce brings massive changes in a child’s life through child custody and/or relocation at any age. Between witnessing an unstable marriage to adjusting to a new life at “Mom’s” and “Dad’s” house, the influence the divorce has on the child can be tough to deal with.

Under the Illinois Marriage and Dissolution of Marriage Act, custody and visitation are now known as parental responsibilities. If you and/or your spouse are granted parental responsibilities, you two are in charge of making decisions regarding education, health, religion, and extra-curricular activities on behalf of your child(ren).

Here are a few pointers to keep in mind that will help contribute to successful parenting time:

  • Make the most of your time. Plan ahead so when the time comes to spend time with your child, they will be the main focus. Watch his/her favorite movie, visit a local museum, go to your neighborhood park, or bake a dessert together.
  • Bond over hobbies and/or sports. Does your child like to draw, play sports or play an instrument? If your child plays on a sports team or is in a school band, get involved in it with them by volunteering your time, helping them practice, or coaching.
  • Attend special events, activities, and milestones. Attending all graduation ceremonies, talent shows, recitals, and science fairs will mean the world to your child. Get involved with the event planning and support them both before, during, and after each event.
  • Avoid showering your child with new toys or possessions. It is easy to purchase new possessions for your child in hopes to make up for the divorce. However, the things your child wants and will remember most – time, affection, and love – cannot be bought, but rather given during your parenting time.

Contact an Elmhurst, Illinois Child Custody Lawyer Today

When getting a divorce, it is important to put your child first. If you are concerned about your child custody rights or would like some legal advice regarding your parenting time, contact an experienced Dupage County child custody attorney at 312-605-4041.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

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Illinois divorce attorney, Illinois family lawyer, IL legal separation lawyerIllinois is an equitable distribution state, meaning that when you get a divorce, not everything you and your spouse acquired, such as property and assets, will be divided equally.

If you and your spouse cannot come to an agreement on how to divide your property and assets and decide to take your divorce to court, the judge will consider certain marital circumstances on how to divide your property, such as:

However, if your spouse is hiding assets from you in hopes they will not have to split it with you, things can get even more complicated.

When You Should be Worried

The following are red flags that might warn you that your spouse is committing hidden asset fraud:

  1. Having complete control over bank statements and accounts. Does your spouse keep you in the dark regarding bank account information and/or passwords? Keeping your financial situation a secret is wrong, especially if that money is yours.
  2. Owning a separate and private mailbox. If you believe your spouse is receiving mail at a different address than the one you share, contact an attorney immediately.
  3. Purchasing big-ticket items. If your spouse is spontaneously living lavish and going on ludicrous vacations, purchasing a brand new car, or has randomly taken an interest in expensive artwork, they may be hiding a lump sum of cash from you.
  4. Demanding your signature on financial documents. Before you sign anything, be sure to read through the entire document and fine print carefully.
  5. Complaining about money. Has your spouse begun to complain about financial matters? He/she might be trying to trick you into thinking there isn’t any money when there really is.
  6. Suspicious activity on the computer/phone. If you notice the internet browser history is always cleared and/or there are locked files on the computer, your spouse may be trying to hide financial accounts or documents from you.
  7. Sudden and/or frequent bank account activity. Noticing a large withdrawal from your bank account usually is not a good sign. Keep an eye out for suspicious activity, and talk to your spouse if you notice this has happened.

Contact a DuPage County Hidden Asset Divorce Attorney

Hiding assets is not only unfair to you, but it is also illegal. If you are worried your spouse has hidden assets, contact a skilled Elmhurst hidden asset divorce attorney. At Weiss-Kunz & Oliver, LLP, we have handled hundreds of hidden asset and high-net-worth divorces, and have acquired our client what is legally theirs. Contact us at 312-605-4041 today.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyer, IL Child Custody and Substance Abuse lawyerAccording to the National Survey on Drug Use and Health (NSDUH), almost 20 million American adults (age 12 and older) are battling a substance use disorder. When deciding child custody matters during a divorce, your child or children’s best interest comes first in the eyes of the judge. If the judge believes your former spouse would be unable to make sound of mind decisions on behalf of your child because of their drug addiction, the judge may decide against allowing parental responsibilities and parenting time.

However, if your spouse is in recovery or taking steps towards addressing their addiction, the judge may allow your spouse to see and interact with your child.

Parental Responsibilities and Parenting Time

In Illinois, allocating parental responsibilities (formerly known as custody and visitation rights) is divided into four categories that can be assigned to one or both parents. These four categories include:

  • Education
  • Health
  • Religion
  • Extra-curricular activities

If you and/or your spouse are granted parental responsibility, you are in charge of making these important decisions on behalf of your child. The court will decide whether to establish parental responsibilities and parenting time, based on the child’s best interest.

Child Custody Arrangements Can Be Changed

Child custody arrangements can be modified at any point.

If drug abuse complaints are brought to the court’s attention, a drug test will be administered and child custody rights may be revoked. Additionally, the judge can order mandated rehabilitation. Depending on the seriousness of the addiction, mandated rehabilitation can include outpatient therapy and/or Narcotics Anonymous (NA) meetings. Failure to obey court orders may result in the loss of child custody completely.

If you believe your child’s safety is in danger, you may want to file a restraining order, also known as an order of protection. Your order of protection filed out of fear and/or visitation refusal is enough to raise concern in the courtroom.

Contact a DuPage County Divorce Attorney Today

Drug addiction can make your divorce and child custody matters even more complex than they already are. Let an attorney at Weiss-Kunz and Oliver LLC handle these stressful matters on your behalf. We provide aggressive representation while keeping you and your child’s best interest in mind. Contact an Elmhurst child custody attorney at 312-605-4041.

 

Sources:

https://americanaddictioncenters.org/rehab-guide/addiction-statistics

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildRelatedIssues.aspx

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Illinois order of protection attorney, Illinois family lawyer, An order of protection, also known as a restraining order, is filed when one individual feels threatened by the other and/or has experienced abuse. They are meant to keep you safe and out of harm’s way.

According to the 750 Illinois Compiled Statute 60/, Orders of Protection, an order of protection may be filed by:

  • An individual who has been abused by a family or household member, or by an individual on behalf of a minor child or adult who has been abused by a family or household member and because of age, health, or mental or physical disability cannot file.
  • A foster parent, legal guardian, or adoptive parent of that child if the child has been placed in the foster parents’ home by the Department of Children and Family Services or by another foster child agency.

Orders of protection are often issued during or just prior to the filing of a divorce, a child custody dispute, or as a result of domestic battery charges.

Different Types of Orders of Protection

There are three different types of orders of protection in Illinois, emergency orders of protection, interim orders of protection, and plenary orders of protection.

  • An emergency order of protection is meant to cover the period before a respondent can be given the court order.
  • An interim order of protection covers the period between the filing of the order and the final hearing on the details of the case.
  • A plenary order of protection is the final order(s) the court gives after a full and detailed hearing.

Getting Your Order of Protection Approved

Illinois courts will grant an order of protection if the petitioner proves three elements:

  1. The petitioner (or a protected party on whose behalf the petition has been filed) is a “family or household member” of the respondent.
  2. That the respondent has “abused” the petitioner (or a protected party).
  3. That the court has jurisdiction to hear the case.

If an order of protection is approved, the respondent is permitted from further threats or abuse, not allowed in specific locations such as the petitioner’s home, school, or work, and prohibited from carrying out additional actions stated within the order or based on the case.

Violating a court order of protection can result in criminal charges including immediate arrest.

Contact a Skilled DuPage County Family Attorney Today

Whether you are filing an order of protection because of a divorce or child custody dispute, it’s important to consult an attorney at Weiss-Kunz & Oliver, LLC, before doing so. We will keep you and your child’s best interest in mind while we provide defensive representation in a timely matter so you and your child do not receive or experience additional threats or abuse. Contact a skilled Elmhurst family law attorney at 312-605-4041 for assistance.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

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WKOSpousal support, also known as maintenance, is court-ordered payments one spouse pays to the other spouse after a divorce.

The 750 Illinois Compiled Statute 5/504, titled ‘maintenance’ states that  “the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.”

Ordered Maintenance

When deciding whether to establish spousal support, the court will use the following information to determine whether one spouse should pay the other maintenance payments:

  • Income and property (of both parties; includes marital and non-marital property and financial responsibilities)
  • Current and future financial earnings
  • Needs of the spouses
  • Time spent on marital tasks and/or education, training, employment or professional opportunities
  • Parental obligations
  • Living situation
  • Duration of marriage
  • Age, health condition (physical, emotion, and mental), job status, etc.
  • Taxes
  • Spousal agreements

Spousal Support/Maintenance Payments

The Illinois court system will traditionally apply a pre-set payment guideline to determine the amount of maintenance if you and your spouse’s total income is less than $500,000.

The pre-set formula is 33.33 percent of the payer’s net income minus 25 percent of the receiver’s net income.

For example, if the payer makes $210,000 and the receiver makes $75,000, the maintenance payment would be $51,243 per year or $4,270.25 per month.

The equation is as follows:

($210,000 ✕ 33.33%) – ($75,000 ✕  25%)

69,9993 – 18,750 = $51,243

51,243 ➗ 12 (months in a year) = $4,270.25

According to Illinois law, maintenance payments, when added to the receiver’s income, cannot exceed 40 percent of the couple’s total income, otherwise, they may be reduced.

Spousal support/maintenance payments are usually based on the length of the marriage. Whether that was a few months or several years, payments will equal a set percent of its length.

Contact an Illinois Spousal Support Attorney Today

At Weiss-Kunz & Oliver, LLC, our attorneys understand that your current and future financial responsibilities are important. There is absolutely no reason why your divorce should leave you financially unstable. We will stand by your side and fight to get you the spousal support you may be entitled to. Contact an Elmhurst, IL spousal support attorney at 312-605-4041. We proudly serve those located in many Chicago-area cities including Skokie, Evanston, Park Ridge, Oak Park, and Glenview.

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

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Illinois divorce attorney, Illinois family lawyer, IL legal separation lawyerA couple experiencing issues may agree to separate for a period of time rather than make the decision permanent by filing for divorce. Although legal separation and divorce are two very different things, they both affect you, your spouse, and your future.

The Illinois Marriage and Dissolution of Marriage Act – Legal Separation

According to Illinois law, any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart. This is known as legal separation. Even though you and your spouse are separated, you are still married and can remain married until either of you see fit.

Couples file for separation for reasons such as:

  • You and/or your spouse object getting a divorce because of religious beliefs or moral reasons.
  • One spouse will become eligible for government benefits such as Social Security or Medicare.
  • There is a tax benefit if you and your spouse remain married.
  • You and your spouse think there is a chance you may reconsider after you have spent some time apart.
  • You are not eligible to file for a divorce because of the state’s residency requirements or there is a waiting period.
  • You and/or your spouse find it less stressful and easier to file a legal separation agreement than to get a divorce.

A legal separation may seem like it would be the easiest thing to do in the event you believe you and your spouse will get back together at some point, but it can still deeply affect your finances, living situation, and legalities.

The Illinois Marriage and Dissolution of Marriage Act – Divorce

Divorce happens when irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. Since the change to the law in 2016, Illinois is now a no-fault state, meaning neither spouse needs to prove the other has done anything wrong to file for divorce. Getting a divorce is a permanent decision and establishes that you are no longer one with your spouse.

Contact a DuPage County Family Law Attorney

Whether you are legally separating or filing for a divorce, do not neglect to hire an experienced Elmhurst divorce attorney. Here at Weiss-Kunz and Oliver, LLP, we will walk you through this difficult time from start to finish. Contact us at 312-605-4041 or fill out an online form.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

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Illinois divorce attorney, Illinois family lawyer, Illinois abusive spouse lawyerAccording to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness, and approximately one in 25 adults in the U.S. (11.2 million) experiences a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. One of these major life activities may be divorce, adding to the complication of the situation.

The Illinois Marriage and Dissolution of Marriage Act

Filing for divorce is not an easy process. When filing, you may take one of two options: filing with “grounds for divorce” or “no-fault.” However, unlike most other states, a spouse’s mental illness isn’t grounds for divorce in Illinois.

As of the change in 2016, The Illinois Marriage and Dissolution of Marriage Act, Illinois is now a no-fault divorce only state, meaning that all fault-based grounds have been eliminated, and a claim of irreconcilable differences (an irretrievable breakdown of the marriage) is the only way to legally file. Although a mental illness issue or impairment cannot be the reason to file for divorce, it may affect the outcome of the divorce.

Mental Health Issues and Divorce Outcomes

A spouse’s mental health can affect many divorce outcomes such as, but not limited to:

  • Property and asset division
  • Family support
  • Child custody/parental rights

Although mental illness may or may not make or break your divorce case, it can affect what you obtain and your spouse obtains, keeping the rest of your family and their needs in mind.

Orders of Protection

In some instances, one’s mental illness could lead to violent and destructive behavior. If you believe you or your child(ren) are in harm’s way, it is important to file an order of protection immediately. An order of protection will:

  • Restrain the individual from committing any acts of abuse or harassment.
  • Reassign parental responsibility/child custody for minor children.
  • Order the individual to stay away from the filer and/or other family members, including banishment from their school and workplace.
  • Allot time between the petitioner and the respondent. If there is a sign of abuse to the child(ren), restriction or revocation may result.
  • Instruct the respondent to attend counseling with a psychologist, therapist, social worker, or substance abuse program.

Contact a DuPage County Divorce Attorney

If you believe your spouse’s mental illness is affecting your marriage and you are considering filing for divorce, contact a seasoned Elmhurst divorce attorney from Weiss-Kunz & Oliver, LLP. Call our office today at 312-605-4041 to find out how we can help.

 

Sources:

https://www.nimh.nih.gov/health/statistics/mental-illness.shtml

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

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Illinois divorce attorney, Illinois family lawyer, IL mediation lawyerWhen you and your spouse are in the midst of a divorce, it can be hard for the two of you to come together and make an agreement. Rather than having a judge divide aspects of your life, such as your property, businesses, and parental responsibilities, you and your spouse can explore different options. Divorce mediation is an alternative dispute resolution (ADR) technique that allows a third-party to help you and your spouse create a settlement plan. If you are interested in a more neutral approach to handling your dissolution of marriage, you should contact an experienced attorney.

How Does Divorce Mediation Work?

Mediation can only be successful if you and your spouse are willing to work together. Keeping in mind that a mediator does not have any legal authority, there cannot be any ultimatums put in place. Once the process begins, the mediator will act as an impartial, third-party moderator. By explaining laws to each party, the mediator will help both sides understand the gravity of the situation. A mediator will not provide legal advice to either party throughout the process, he or she will only moderate the session. For example, if you and your spouse cannot agree on who gets your marital home, the mediator cannot advocate for either side. Outside legal counsel may attend a mediation hearing, however, your spouse may not be willing to participate if that route is taken.

Why Should I Choose Divorce Mediation?

Allowing a third-party to moderate the division of your marriage can make the process much easier for you to manage. Having to completely change your life can already be a lot to handle, but the details attached can cause additional headaches. Coinciding with stress relief, divorce mediation can:

  • Reduce costs: Opposed to a long, drawn-out legal process, a mediation session is usually a relatively short and inexpensive procedure.
  • Allow input: If a divorce is being handled by lawyers or a judge, your opinion may not be heard. By sharing the floor with your spouse and an impartial third-party, you have the freedom to express your needs and concerns.
  • Provide confidentiality: Unlike a court proceeding, everything that is communicated in a mediation agreement is confidential.
  • Provide flexibility: Depending on how chaotic your schedule is, a mediation session can be very accommodating. Weekend meetings, conference calls, and online video chat may be utilized if an in-person meeting is not possible.
  • Protect children: Divorce mediation would only involve you and your spouse. Considering that children are sometimes required to participate in a divorce trial, a mediation arrangement would protect your children from additional stress.
  • Create a stable future: By working with your spouse and utilizing a “give and take” mentality, you and your spouse can maintain a friendly relationship.

Contact a DuPage County Divorce Attorney

If you and your spouse are having trouble diving your assets or creating a parenting plan, divorce mediation might be your best option. Before you allow a judge to make major life choices for you, additional alternatives should be explored. At Weiss-Kunz & Oliver, LLC, our knowledgeable Elmhurst mediation lawyers can determine if mediation is in your best interests. Contact our office today at 312-605-4041 to schedule an initial consultation.

 

Sources:

https://www.huffpost.com/entry/celebrate-mediation-day-t_b_1968763

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

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