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

Weiss-Kunz & Oliver, LLC312-605-4041

CHICAGO
 ⚫ PARK RIDGE
 ⚫ ELMHURST -

Recent blog posts

Park Ridge divorce attorney for child custody evaluatorsWhen parents are divorcing or separated, they may disagree about how to share responsibility for raising their children, the amount of parenting time children will spend with each parent, and a variety of other issues. In some divorce or child custody cases, the court may require assistance from outside experts such as child custody evaluators, to help determine what would be in children’s best interests. When working with these professionals, both parents and children may be concerned about what records will be available to them and whether confidential information will be released as part of the court record. At Weiss-Kunz & Oliver, LLC, we recently represented a client in a case that clarified some of these issues.

How Does Illinois Law Address Child Custody Evaluators?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifies when and how professionals may be appointed to perform investigations and evaluations of a situation and provide recommendations about children’s best interests. According to 750 ILCS 5/604.10(b), a person who is appointed by the court may review relevant records and information related to the case, and they will present a report that explains their conclusions and recommendations about the allocation of parental responsibilities, parenting time, or child relocation.

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Posted on in Family Law

Illinois divorce attorney, Illinois family lawyer, IL order of protection attorney,An order of protection, sometimes referred to as a restraining order, is a court order that restricts an individual accused of threatening or abusive behavior from continuing their behavior against the accuser. Abuse includes physical abuse, harassment, intimidation, or interference with personal property.

There are several ways an order of protection can be obtained. You can file an order of protection through an attorney, request one with your divorce petition, request a criminal order of protection if there have been criminal charges filed against the alleged abuser, or contact a local domestic violence program for help.

Illinois Order of Protection

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spouse dies during divorce in Illinois, IL divorce attorney, Due to the long-winded nature of many divorces, there are cases where a spouse passes away before the divorce is final. In Illinois, when a party in a divorce dies, the case is dismissed. The court requires two living parties to a divorce, so if only one is alive, there is no divorce.

Additionally, the surviving spouse is not a divorcee, but rather a widow. But what else changes when a spouse dies during divorce?

Division of Marital Assets and Property

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Posted on in Divorce

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.

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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.

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