Posted on February 10, 2025 in Divorce

Divorce is a challenging experience for any family, but for children, it can be particularly unsettling. As parents, your primary concern is ensuring that your children continue to feel loved, secure, and supported during this transition. While the legal aspects of divorce can be complex — especially for high-net-worth individuals navigating demanding careers, managing important financial considerations, and sometimes even juggling a private life and a public persona — it is equally critical to focus on the emotional well-being of your children.

At Weiss-Kunz & Oliver, LLC, we understand that divorce is not just about legal resolutions; it is about creating a stable future for your family. By taking intentional steps, you can help your children adjust to their new reality while maintaining a warm and loving home environment. Below, our Illinois divorce lawyers explore key strategies for guiding children through divorce with compassion and care.

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 Posted on January 29, 2025 in Family Law

In family law cases, the parties involved will often find themselves at odds with one another.

Difficult disagreements can arise, and a couple going through a divorce or parents who need to address issues related to child custody may ask a family court judge to make decisions and issue orders detailing how certain matters should be handled.

However, conflicts may still continue even after a judge makes these decisions, and one party may accuse the other of violating the court's orders or failing to meet their requirements or obligations. In these situations, one party may ask that the other be held in contempt of court.

Addressing contempt in family law cases can be a complex matter. Someone who is charged with contempt may face serious consequences, and will usually try to prove that they did not commit the alleged violations. The other party will need to provide compelling evidence showing that willful violations of court orders occurred.

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 Posted on January 10, 2025 in Divorce

Being served with a subpoena or a notice of deposition can be unsettling, especially if you are not directly involved in the divorce or family law case in question. But significant others, grandparents, social workers, and other third parties may unexpectedly find themselves drawn into divorce litigation, facing the prospect of providing testimony, documents, or other evidence. Understanding your rights and obligations in these situations is essential to both protecting your interests and following the law.

At Weiss-Kunz & Oliver, LLC, we help third parties who are subpoenaed or deposed in legal cases. Whether you have been asked to testify, submit records, or appear in court, our Illinois family law attorneys are here to guide you through the process.

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 Posted on December 27, 2024 in Divorce

 What You Need to Know About the Divorce Process in Illinois

Divorce is a reality that affects many couples in Illinois. While couples who get married usually intend to stay together for the rest of their lives, a marriage can fall apart for a variety of reasons. In some cases, disagreements about money or other issues can result in the end of a relationship, while in others, a couple may have children and find that they are unable to put enough energy toward their relationship while also managing parental responsibilities.

Even if a couple has the best intentions, they may find that they simply are not compatible. Regardless of the reasons for the end of a marriage, there are certain steps that will need to be followed during the divorce process, and understanding these procedures can help anyone in this situation navigate a divorce successfully with the help of an Illinois divorce attorney.

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 Posted on December 10, 2024 in Child Custody

Divorce is never easy, especially when children are involved. Determining child custody arrangements is often one of the most challenging aspects of the divorce process. Parents want what is best for their children, but figuring out the best arrangement can be complicated. 

Illinois law offers various custody options designed to suit different family dynamics and circumstances. Understanding these options can help you make informed decisions. An Illinois child custody attorney can guide you through the process and help create a parenting plan that prioritizes your child's well-being.

What Is Child Custody in Illinois?

In Illinois, the legal concept of child custody is divided into two parts: parental responsibilities and parenting time. Parental responsibilities are the ability to make major decisions about the child's upbringing, such as their education, healthcare, religion, and extracurricular activities. Parenting time, on the other hand, determines when the child physically spends time with each parent, whether it is during weekdays, weekends, holidays, or vacations.

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 Posted on November 24, 2024 in Spousal Maintenance/Alimony

There are a variety of issues that can complicate the divorce process, and many of these are related to financial matters. As spouses separate from each other, they may need to address moving expenses and other costs related to finding new housing. Each spouse will also need to determine how to pay ongoing expenses such as mortgage or rent payments, utility bills, groceries, transportation costs, and more.

While these issues can often be addressed by making adjustments to budgets, there are some situations where one spouse may be unable to fully support themselves. In cases where a spouse will be at a financial disadvantage following a divorce, they may ask for support from their former partner.

Spousal maintenance, which is also known as alimony or spousal support, may play a role in divorce cases where a spouse struggles to meet his or her financial needs. Payments made by one spouse to the other after a divorce may be appropriate in certain situations. However, this issue can further complicate a divorce that already involves disputed issues or complex financial factors. While one spouse may believe he or she should receive support, the other spouse may be unwilling to make ongoing payments. To ensure that these issues are addressed correctly, it is important to work with an attorney who can represent your interests and protect your rights.

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 Posted on November 07, 2024 in Division of Assets

When going through a divorce in Illinois, many people are faced with the complex task of dividing marital assets, including retirement accounts. Retirement accounts often make up a significant portion of a couple's shared wealth, which means that dividing them can have serious financial consequences both in the present and the future. 

However, dividing retirement accounts is not as straightforward as splitting a bank account or personal property. This process requires careful legal and financial planning, especially when it comes to avoiding tax penalties or unintended distributions.

This is typically managed through the use of something called a Qualified Domestic Relations Order (QDRO). An experienced Illinois family law attorney with Weiss-Kunz & Oliver, LLC can help you draft these orders to help ensure a fair division of retirement benefits that makes the process smooth and complies with Illinois law.

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 Posted on October 31, 2024 in Divorce

Dividing assets in a divorce can be a very complicated process, especially when capital gains taxes are involved. Capital gains taxes apply to the profit made from selling certain valuable assets, such as real estate, stocks, or high-value personal property, and these taxes can create unexpected costs for divorcing couples.

For high-net-worth couples in Elmhurst, Illinois, who have substantial assets, it is essential to understand how capital gains taxes could impact the division of property. Working with an experienced Illinois divorce attorney and a tax professional can help minimize capital gains tax liabilities while ensuring a fair division of assets and help a couple or individual preserve family wealth for future generations.

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 Posted on October 10, 2024 in Divorce

Going through a difficult time in your marriage and thinking about ending it? Whether you are considering divorce, separation, or annulment, it is important to understand the differences between these options and how they apply to your situation. Making the right decision can be confusing, but with the guidance of an experienced DuPage County, IL family law attorney, you can take the right steps to protect your future and that of your family.

Understanding the Different Types of Marriage and Divorce

Before deciding how to end your marriage, it is important to understand the types of marriage recognized by Illinois law, as well as the different types of divorce. In Illinois, a traditional marriage is recognized between two people, but the state also allows civil unions, which offer similar legal protections without the title of marriage. Additionally, although common-law marriages are not recognized in Illinois, the state will acknowledge these if they were established legally in other states.

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 Posted on September 23, 2024 in Child Custody

Making the decision to end a marriage is one of the most difficult choices a person can face. Many people stay in unhappy marriages for years, hoping things will improve, especially if children are involved. However, there comes a point when the emotional strain, constant conflict, or outright neglect becomes too much to bear, and divorce arises as a possible solution.

Recognizing the signs that your marriage may be beyond repair can help you move forward with clarity and confidence. If you are feeling stuck and unsure of what to do next, a compassionate family law attorney in DuPage County, IL can provide the guidance you need to determine your next steps.

Your Spouse Ignores Your Efforts to Connect

When your spouse consistently ignores your efforts to connect emotionally or physically, it may be a sign that the relationship is struggling beyond repair. In a healthy marriage, both partners make an effort to understand and support one another. For example, you may try to initiate a heartfelt conversation or plan a special trip together, only to have your spouse dismiss your attempts, change the subject, or claim they are too busy. Over time, these constant rejections can lead to emotional detachment and resentment, making it harder to maintain a healthy connection. Ignoring these warning signs can make it more difficult to salvage the marriage.

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