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

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IL divorce lawyerUnfortunately, domestic violence is something that is present in millions of families throughout the country. Domestic violence occurs when a person commits an act of abuse or violence toward a family or household member. Sometimes, it can be a stressful event that triggers the beginning of the violence, such as a separation or divorce. Other times, violent tendencies that were already present are just exacerbated by the divorce. Whatever the situation, there are remedies available to you to help you protect yourself and your children. The most common form of help for these situations includes the issuing of an order of protection.

What Is an Order of Protection?

An order of protection is a legally-binding court order that can help protect you if your spouse is being violent or abusive. An order of protection can contain provisions that your spouse must adhere to or face further penalties, with the most common requirement being to stay away from the petitioner. An order of protection can be brought against a person by any of that person’s family or household members, including spouses, former spouses, parents, children, roommates, people who are dating and adults with disabilities, and their caregivers.

What Can an Order of Protection Do?

Contained in an order of protection are what are called remedies. These are things that the respondent is either prohibited from doing or things that the respondent is required to do. There are many different remedies that can be included in an order of protection, though the most common remedies include:

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IL divorce lawyerGetting a divorce brings about all kinds of issues that you must deal with, both emotionally and financially. Though the emotional side can be difficult to manage, the financial side has a lot of bearing on how your life will turn out in the future. Financial issues can be especially important for older couples who are nearing the age of retirement. Retirement accounts are assets that are usually quite valuable to both spouses, setting the stage for disagreements over how the assets will be divided. Ignoring or forgetting your retirement accounts during your divorce could spell disaster for your financial future. If you are getting a divorce, be sure to take these necessary precautions to help protect your retirement plans.

Understand What You Are Working With

Before you make any decisions, you should fully understand what type of retirement accounts you and your spouse have and the rules that govern each account. Common retirement accounts include employer-sponsored plans such as a 401(k) and individual retirement accounts such as an IRA. Each type of plan has its own rules, especially when it comes to dividing and distributing the funds.

Speaking with a financial adviser can help you figure out how you should divide your plans and how you can do so while avoiding any penalties or tax repercussions. A financial adviser will also be able to help you make sure you understand your financial portfolio so you can make informed decisions.

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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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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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