Posted on April 22, 2020 in Child Custody

Getting a divorce has many ramifications, especially when it comes to familial relationships. Not only are you splitting up with your spouse, but you are also splitting up your family unit, which in many cases includes extended family such as grandparents, aunts, uncles, and cousins. In many families, grandparents have a close relationship with their grandchildren, especially if they helped care for them. Unfortunately, divorce can bring out the worst in people and a parent can interfere with the relationship between the child and a grandparent for whatever reason. Illinois laws address this issue in the Marriage and Dissolution of Marriage Act.

Visitation Rights of Certain Non-Parents

The state of Illinois has recognized that extended family members often play a large role in a child's life. In some families, grandparents take care of the children while the parents are at work. In other families, the child spends a significant amount of time with his or her step-parent. The law allows certain family members to petition for visitation or electronic communication when a parent “unreasonably” denies visitation or communication and the denial has caused undue mental, physical or emotional harm. These family members include:

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 Posted on April 17, 2020 in Division of Assets

Like 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.

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 Posted on April 15, 2020 in Divorce

There 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

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 Posted on April 10, 2020 in Mediation

Once you have come to the decision that you and your spouse are getting a divorce, your next task is to determine how you will go about getting the divorce. Though it may be surprising, there is more than one way you can get a divorce. Your default choice when you make your decision should be some form of a collaborative process. You can use a collaborative process, litigation, or mediation. The process you use to get divorced entirely depends on your unique situation and what would work best. An Illinois divorce attorney can help you determine the right course of action.

What Is Divorce Mediation?

Divorce mediation is a type of alternative dispute resolution (ADR) that allows you and your spouse to work with a third-party mediator to complete your divorce. Mediation, unlike most other forms of divorce, does not assign an attorney to each spouse. Instead of attorneys, the mediator is present to keep the couple on track about which issues they must address and helps to settle arguments if they arise. As such, the mediator is not allowed to give legal advice and is not permitted to pick sides or sympathize more with one spouse.

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 Posted on April 08, 2020 in Child Custody

Though 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.

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 Posted on April 06, 2020 in Divorce

Social distancing guidelines have been in place for weeks in an effort to slow the rapidly spreading coronavirus. Nearly every aspect of our lives has been affected by this situation, including governmental and legal matters. In Cook County, the circuit court has changed some of its guidelines as to how court functions will take place during this pandemic. One of the changes includes how prove ups for a divorce are permitted to take place during this time. At Weiss-Kunz & Oliver, we have already utilized these new guidelines to conduct prove ups since the courts have been closed. This has resulted in successful outcomes for our clients in their divorce cases.

What Is a Prove Up?

When a couple has an uncontested divorce, they must take steps to finalize their divorce and make it official. To do this, they are required to attend a hearing before a judge, allowing the judge to review their agreements and ensure that the agreements are fair and in the best interest of any minor children involved in the divorce. Once the judge signs the divorce agreement, the divorce is final. This chain of events is commonly referred to as a prove up. Prove ups are typically required to be in person, with everything in writing, though such circumstances have temporarily changed due to the reduction in court operations.

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 Posted on March 27, 2020 in Child Support

As COVID-19, also known as Coronavirus, spreads across the United States, many people are starting to feel the effects. Dozens of cities and states have ordered the shut down of non-essential businesses in an effort to “flatten the curve” so to speak. Officials have also started to issue stay-at-home orders requiring citizens not to leave their homes except for life-sustaining or essential activities.

Illinois was one of those states, issuing a stay-at-home order that became effective March 21. Because of the stay-at-home order and the business closings, many people have been laid off without pay, putting stress on their financial situations. Many people, especially those who have children, have been concerned about how these closings and stay-at-home orders will affect their family situations. Child support is required to be paid by law, but what happens if you are laid off without pay?

Can I Change My Child Support Order?

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 Posted on March 25, 2020 in Child Custody

Divorcing with children is an entirely different situation than if you did not have children. Having children when you get a divorce means you have to deal with a different set of concerns and make even more decisions than if you did not have children. Parents often know how a divorce will affect themselves, but what they worry about is how the divorce will affect their children.

The effects that a divorce has on children manifests differently in each child. Some children may be minimally affected, while other children will have a harder time coping with the stress of the divorce. Getting a divorce does not mean that it will have lasting effects on your children, as long as you are able to help your children through the process. To do this, you must be able to recognize signs that your child is having difficulty coping.

Changes in Sleeping Patterns or Behaviors

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 Posted on March 20, 2020 in Child Custody

Parenting is never easy, even if you are still together with the other parent of your child. After divorce, especially, parenting can become even more difficult when you have to agree on when the children will spend time with each parent and how you and your ex will divide or share important decision-making responsibilities. This stress becomes compounded when you and your ex live far apart from one another. Creating a long-distance parenting plan can seem nearly impossible at times, but it is entirely possible to craft a plan that works for both you, your ex, and your children.

Plan for Frequent In-Person Visits

For some families, in-person visits can be difficult. However, you should try to place in-person visits at the top of your priorities. Your child deserves to be able to spend time with both you and your ex. Scheduling regular in-person visits, such as monthly or every other month, is crucial to allow your child to maintain a relationship with his or her other parent. You should also consider allowing your child to spend school vacations or breaks with your ex.

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 Posted on March 19, 2020 in Divorce

Many times, people will nonchalantly throw around the term “narcissist” to mean a person who thinks they are the greatest. While this is one component of narcissism, it is actually a mental disorder classified by an inflated ego and a serious lack of empathy. Being married to a narcissist can be trying, but getting divorced from one is an entirely different ballgame. In many divorces, the couple can come to an agreement on some or most things with minimal involvement from attorneys or the court system. In a divorce involving a narcissist, every step of the divorce is dragged out and complicated. If you are going through a divorce with a narcissistic spouse, here are a few helpful tips to get you through the process:

Keep Copies and Records of Everything

When you are divorcing a narcissist, they will often try to twist the story around for their own benefit. They might even flat out lie to get what they want. If you do not have any proof of what was truly said or done, it will just become a game of “he said, she said.” The best way to combat your narcissistic spouse's tendencies to change the story to start keeping copies of everything and recording conversations in any way you can.

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