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?

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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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 Posted on March 19, 2020 in Divorce

What do you think of when you think of a private investigator? You might think of a detective in a trench coat lurking in the shadows. While the image of private investigators in the eye of Hollywood is exaggerated, the actual job of a private investigator is exactly what it sounds like — to investigate. A private investigator might seem unnecessary during a divorce, but having a private investigator on your team can actually be beneficial. Here are a few ways a private investigator can be of use during your Illinois divorce:

• They can investigate a spouse who might be cheating. The Illinois Marriage and Dissolution of Marriage Act states that decisions during the divorce will be made “without regard to marital misconduct.” This means the court cannot take into consideration the fact that a spouse committed adultery when it comes to issues such as asset division and child custody. However, a private investigator may be able to determine if a spouse dissipated or “wasted” marital assets on a lover. If it is found that your spouse dissipated assets, the court will adjust the division of assets accordingly.

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 Posted on March 19, 2020 in Divorce

Divorce is not an uncommon occurrence in the United States — hundreds of thousands of couples are divorced each year. In the past couple of decades, the number of older Americans getting divorced skyrocketed. These gray divorces, or divorces involving couples who are over the age of 50, saw the divorce rate doubled between 1990 and 2015. For those over the age of 65, the divorce rate tripled in the same time span. Despite the many reasons why a couple over the age of 50 would want to divorce, these types of divorces are often complicated and deal with issues that many other divorces do not have to deal with.

Spousal Support in a Gray Divorce

For couples going through a gray divorce, there is a much higher chance that one spouse will be awarded spousal support. In Illinois, the decision to award spousal support first lies with the divorcing couple. If the couple cannot come to an agreement about whether or not spousal support is appropriate, the court will use a variety of determining factors to decide if a spousal support award is appropriate. Often, spousal support is awarded in gray divorces because the couples have been married for many years and one spouse typically stayed home to raise the children.

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 Posted on March 19, 2020 in Divorce

Domestic abuse can come in many forms — emotional, sexual, or even physical. Unfortunately, it is not an uncommon occurrence in the United States. According to the National Domestic Violence Hotline, more than 12 million men and women are victims of domestic abuse each year. It can be difficult to get out of an abusive relationship, especially when you are married to your abuser. Not only do you have to make the decision to leave your spouse, but you also have to go through the legal process of ending the relationship. This can be stressful for someone who is divorcing an abusive partner, especially if the type of abuse they are experiencing is verbal or emotional. Here are some things you should do if you are divorcing an abusive spouse:

Get an Order of Protection

The first step you should take if you are divorcing an abusive spouse is getting an order of protection. This is a legal order that can prohibit your spouse from doing certain things, such as living in the family home or contacting you in any way. An order of protection can also order your spouse to do certain things, such as pay child support or attend counseling. The exact contents of an order of protection depends on your situation, but getting an order of protection can be a good way to protect yourself and your children.

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 Posted on March 19, 2020 in Divorce

Coronavirus, or COVID-19, is on everyone’s minds these days. The World Health Organization (WHO) declared it a global pandemic, and President Trump recently declared a national emergency as the spread of the virus continues to expand across the country. The virus is thought to have originated in China, but it quickly spread to Europe and the United States. At the time of this writing, more than 198,000 people have been infected in more than 80 countries. Here in Illinois, Governor J.B. Pritzker ordered all restaurants and bars to close except for carryout orders. In addition, Illinois schools are closed until further notice, and health officials are urging citizens to avoid gatherings of 50 or more people. Many people are working from home now, and in some cases, workers have been temporarily laid off. Those who have pressing legal matters may be wondering what effect the virus will have on divorce or family law court cases. Read on to learn more about coronavirus, its impact on the Illinois court system, and how Weiss-Kunz & Oliver, LLC can assist you during this difficult time in our nation’s history.

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 Posted on February 28, 2020 in Divorce

Getting a divorce can be one of the most difficult things you will have to do in your life. Not only will you have to deal with the emotional fallout from this major life change, but you also have a slew of financial and legal issues to reconcile. Some of these issues are things that you may already have on your radar, such as spousal support or how you will divide savings accounts. Other issues that need to be dealt with may not be as prominent, but important nonetheless. Have you thought about what you will do with your retirement accounts? Do you know if receiving or paying spousal support will be worth it come tax time? These are the questions that a financial advisor can help you with.

What Is the Role of a Financial Advisor?

Many people think that the only professional they need during a divorce is a lawyer. While it is important that you and your spouse each have your own attorneys, it does not hurt to hire a financial advisor too. A financial advisor’s job is to look at your financial situation and advise you of your options when it comes to finance-related decisions during your divorce. Much like an attorney gives you legal advice based on your situation, a financial advisor will give you your best financial options during your divorce.

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