Posted on February 26, 2021 in Divorce

Going through a divorce is never an easy task regardless of how you look at it or approach it. You may be second-guessing your decision and grieving the loss of your spouse, or you may find yourself in the middle of a legal battle. Even in an amicable divorce, the process can be emotionally devastating, and a contentious marriage can lead to months or even years spent arguing over legal decisions. The process becomes even more complex for spouses who are victims of an abusive relationship. The codependence that abusive relationships can create, along with the understanding that the marriage is unhealthy, can make the divorce even more confusing. The concerns can quickly escalate from “Am I doing the right thing?” to “Am I safe to file for divorce?”. For those in an abusive marriage, there are additional considerations that must be made in order to ensure that each spouse is safe and that the divorce agreement is fair to both spouses.

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 Posted on February 15, 2021 in Parentage

All parents have certain rights when it comes to their children, including unmarried fathers. In the past, courts typically favored mothers when it came to divorce and child custody battles, but as parental roles have modernized, the Illinois court system now makes decisions in the best interests of the child. The court typically leans toward keeping both parents in the child’s life and maintaining their parent-child relationships, unless one proves to be a danger to the child in some way. 

As a parent, your ability to spend time with your child may seem like a given, rather than a legal right. While all parents are granted these rights at the child’s birth, they are only enforceable to those who are legally recognized as the child’s father. For unmarried fathers, the need to have your role as a father legally established may not seem urgent, though the failure to do so can actually lead to legal, financial, and emotional issues as time goes on. That is why it is important to understand what paternity means from a legal standpoint for both the child and his or her father. 

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 Posted on January 27, 2021 in Divorce

When you imagine getting divorced, you likely picture two spouses arguing in court under the watchful eye of a judge. Perhaps they cannot come to a decision about child custody, or maybe they are fighting over who will keep the family home. Movies and reality TV shows have sensationalized what divorce really looks like and what the legal process entails. While some divorces can lead to a screaming match in a courtroom, most divorce agreements are created by both spouses behind closed doors.

Most couples do not realize what the Illinois divorce process truly involves until they are thrown into the middle of it. Divorce is never easy, physically or emotionally, and the division of your family is bound to take a toll. While you may never be able to fully prepare yourself for the emotional challenges that will undoubtedly come with your ending marriage, having an understanding of what the legal process includes can make you feel more in control of a major life event that you likely never expected. 

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 Posted on January 12, 2021 in Divorce

Going through an Illinois divorce can be quite a lengthy process. First, you made the decision to part ways with your spouse, either mutually or on a more one-sided basis. You were then thrown into the legal process of creating your divorce agreement or having a judge make decisions for you. You likely discussed how your property will be divided, how much money one spouse will pay the other until you both get afloat, and which spouse will be the primary parent for your kids, if applicable. These are only three of the many areas that will be discussed throughout the legal process, and in many cases, it can take months, if not a year or more, to have all of the details nailed down.

Now that you and your spouse, or the court, have come to an agreement in all of the areas of your divorce, you may feel like you can finally breathe a sigh of relief. There will be no more attorney meetings, ongoing court dates, or uncomfortable conversations to have with your former spouse about the details of your impending divorce. While you may feel like you are finally over the large obstacle that is a divorce, there are still a number of considerations that must be made before your marriage is finally legally dissolved in the eyes of the law

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 Posted on December 23, 2020 in Divorce

If you and your spouse have decided to file for divorce, you have made it past the first hurdle in the process. Coming to the realization that divorce is best for you and your spouse is no easy task and it can often take months, or even years, of self-realization and difficult conversations with each other. Deciding to file for divorce creates a new relationship dynamic that you have likely never experienced. If you and your spouse have children, there are additional issues that need resolving, which can also further complicate matters. When looking ahead to the future, you may be on your own for the first time in years, including making crucial decisions regarding who will represent you throughout the legal process.

Rarely do spouses who are divorcing have previous experience working with a divorce attorney unless they were married before and this is a second or third marriage. The hunt to find a reputable, compassionate lawyer can be daunting as well as confusing. It is important to find the right attorney to represent you to ensure your rights are protected every step of the way. In addition, you will likely be having private conversations regarding the details of your marriage for months or years to come. But what exactly makes an attorney the “right” one for you? What works for one person may not be suitable for another individual even if the relationship has similarities. By keeping the following tips in mind, you can find a legal representative who meets your needs and even surpasses your expectations.

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 Posted on December 09, 2020 in Children and Divorce

Coming to the realization that divorce is in your near future is no easy task. Going into your marriage, you likely did not even consider that divorce would be a possibility. Whether you have been married for a few years or a few decades, the pain that comes along with an ending relationship can be like no other. The emotional turmoil can be even greater for divorcing parents. Not only does the decision to divorce involve you and your spouse, but you also have to consider the implications that ending your marriage will have on your kids.

Rarely does anyone come to the conclusion of divorce lightly. Perhaps you have had a challenging relationship for years on end, and you are finally realizing that being apart might actually be better for everyone involved—children included. While watching your parents get divorced is undoubtedly difficult for kids of any age, seeing your parents happier as the dust settles can be an even more important lesson for children: Your happiness in life matters. While the early stages and legal process of your divorce will be challenging as a parent, with the following information in hand, you can enter into the process fully prepared for what is to come.

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 Posted on November 30, 2020 in Divorce

Many people have looked at sweet, elderly couples and romanticized their decades-long marriages, lamenting a social era that is often said to no longer exist. If you were to ask someone if they thought the divorce rate was increasing or decreasing in the United States, what do you think they would say? Many people would likely say the divorce rate has been increasing for years when in reality, it is the opposite. Data from the Centers for Disease Control and Prevention (CDC) shows that the national divorce rate has decreased from a rate of four out of every 1,000 couples in 2000 to only 2.9 out of every 1,000 couples in 2018. Interestingly enough, when you look at the divorce rates for the different age groups, the groups whose divorce rates are growing the quickest are adults over the age of 50. In fact, the Pew Research Center reported that the divorce rate doubled for adults over the age of 50 and roughly tripled for adults over the age of 65 between 1990 and 2015.*

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 Posted on November 16, 2020 in Marital Agreements

The time leading up to your wedding can be a joyous and happy time, while simultaneously a stressful and overwhelming experience for many people. In the days and months leading up to your wedding, you likely have event planning things on your mind, such as picking out the color of the table linens or making a final determination for the guest list. What many people do not think about before they get married is the financial aspect of things. When you get married to another person, you are suddenly financially intertwined with that person and are subject to things such as property division and spousal support in the event you were to ever get divorced. One way to protect your financial health is by signing a prenuptial agreement before you tie the knot. Prenuptial agreements used to carry a negative social stigma, but more people have begun to see their benefits in the past several years.

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 Posted on November 12, 2020 in Press Releases

Weiss-Kunz & Oliver, LLC is pleased to announce that Amanda Oliver, one of the firm’s founding partners, has been recognized by her peers for her intelligence, passion, and success as an auspicious lawyer.

In the Fall of 2020, Chicago Law Bulletin recognized Amanda as one of 40 of the most promising Illinois lawyers.

The exclusive “40 Under 40” list identifies attorneys who are nominated by their peers for both outstanding legal work and giving back to the Illinois community. 

Even opposing counsel had kind words to say.

Marc Fisher, an attorney with Katz Goldstein & Warren who has been on the opposite end of cases with Amanda says that she is a pleasure to work with, kind, and committed to achieving the best outcome for her client. Recalling a contentious case involving children, Fisher praised Amanda for always having “the ability to reach a resolution, no matter how difficult the circumstances. She puts the clients’ interests first and advocates for their concerns, while always maintaining her highly professional composure."

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 Posted on October 23, 2020 in Divorce

Every couple has an argument every now and again. Maybe you did not put the dishes away like you said you were going to do, or maybe your spouse forgot to pack the kids’ lunches like they were supposed to. Little things like that can pop up from time to time, but when those little problems keep coming up more often and lead to bigger and bigger fights, it may be time to consider ending the marriage. Reactions to the idea of a divorce can vary depending on the person, but you should have a pretty good grasp of the kind of personality your spouse has and how they are likely to react. 

For some people who have been in troubled or unhappy marriages, getting a divorce can seem like a breath of fresh air. However, that is not to say that those getting a divorce have it easy. In many cases, these couples end up going through difficult, contested divorces that can put them at the mercy of the court system and each other. Any divorce can become complicated fairly easily, which is why hiring a professional is nearly always recommended. If you are dealing with a contested divorce, enlisting the help of an Illinois divorce lawyer who has experience dealing with contested and complex divorce cases could benefit you greatly.

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