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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 Posted on September 11, 2024 in Divorce

With the exception of couples who completely agree not only that they should get divorced but also on every aspect of their divorce, most people struggle with divorce and the changes it brings. However, some divorces are distinctly more difficult than others. Contested divorces involving high net worth individuals, allegations of spousal or child abuse, or accusations of infidelity tend to see a lot of anger and conflict between couples. These divorces can take longer and be more challenging to resolve.

Even without any of these issues, however, there is one particular personality characteristic that tends to make divorce extremely difficult: Narcissism. People who are married to narcissists often delay divorce long after the relationship has soured simply because they know triggering such a huge fight will only make things worse. Nevertheless, narcissism, in combination with other personality traits, can make staying married pretty miserable, and - especially if the narcissism is accompanied by abuse or neglect - staying married can be much worse in the long run.

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 Posted on August 30, 2024 in Divorce

In recent years, discussions have emerged in political and legal circles about the future of no-fault divorce in the United States. While no-fault divorce has been widely accepted since its introduction, there is a growing movement among certain conservative lawmakers and advocacy groups to reintroduce fault-based divorce systems. They say that making divorce more difficult could help preserve the institution of marriage and reduce divorce rates. Critics argue that this shift could lead to negative consequences, such as trapping people into unhappy or abusive marriages. 

For those in Illinois with concerns about these potential changes, understanding the state's political landscape will be a comforting start, and consulting with a DuPage County, IL divorce attorney can provide the legal guidance needed to navigate the remainder of your divorce journey.

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 Posted on August 15, 2024 in Legal Questions

Perhaps the most obvious reason people get divorced is to get space from their ex. Whether it is because spouses disagree on parenting, finance, or the role of monogamy within a marriage, divorce offers the prospect of not having to deal with a difficult spouse day in and day out.

Or does it? What happens when a couple has finalized their divorce, but one spouse refuses to follow the terms of the divorce decree? Many elements of the divorce decree have the potential to impact people’s lives for many years to come, and especially when minor children are involved, violations of a divorce decree cannot simply be ignored. Fortunately, divorce orders are legally binding, and there are options for bringing a rogue party into compliance.

If this situation sounds familiar to you, learn more about the options you may have by calling a DuPage County, IL divorce decree enforcement lawyer today.

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 Posted on July 26, 2024 in Divorce

While getting a divorce can be a long, difficult process in any situation, it can become even more complicated if a spouse has a mental illness. If a person is receiving treatment for mental health issues, has undiagnosed conditions, or needs to address concerns related to medical care, a couple may need to determine how to handle a variety of legal and financial issues during their divorce. Understanding how mental illnesses may affect a couple and their children can be crucial, and an attorney with experience handling these concerns can provide invaluable legal help in these situations.

Types of Mental Illnesses That May Need to Be Addressed During a Divorce

People may be affected by a variety of different conditions that can impact their mental health and their daily lives. Divorcing spouses may need to address conditions such as:

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