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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 Posted on February 26, 2020 in Divorce

Divorce is a very emotional process. After all, you are leaving the person that you promised to spend your life with at one point. As much as divorce is an emotional process, it is also a complicated financial and legal process that can take quite a bit of time, sanity and even money to complete. One of the biggest stressors in marriage is money and it is not any different during a divorce. Depending on your circumstances and needs, your divorce could cost you anywhere from a couple of hundred dollars to upwards of $100,000. The cost of getting a divorce can differ for a number of reasons, some of which are in your control. Here are a few factors that can affect the cost of your Illinois divorce:

The Divorce Process You Choose

The type of divorce you decide to go with will greatly impact how much you end up paying for the process. In most cases, a litigated divorce will cost much more than other types of divorces. This is because a litigated divorce involves much more court time, attorney's fees and court costs than other types of divorces. Other popular types of divorces, such as mediated or collaborative divorces, can cost less in the long run, depending on the level of cooperation between you and your spouse.

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 Posted on February 21, 2020 in Divorce

In the past, there was often only one route to take if you and your spouse wanted to get a divorce - that route was litigation. Different forms of alternative dispute resolution have been increasingly used to reach an agreement during a divorce. It is the general consensus that litigation is a last resort when going through a divorce and for good reason. Litigated divorces are often long and drawn out, in addition to being extremely costly and contentious. Because of this, two forms of alternative dispute resolution - collaborative and mediated divorces - have gained in popularity. Though the end goal is the same, these two types of divorce methods are quite different.

Divorce Mediation

In a mediated divorce, you and your spouse deal with one attorney who acts as an intermediary when settling issues during your divorce. Proponents of mediated divorces state that divorce mediation is more peaceful, can be accomplished quicker than other divorce methods and allow you to make your own decisions about your divorce, rather than having a judge make them.

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 Posted on February 19, 2020 in Divorce

Marriages end for a variety of reasons. The easiest type of divorces are those that are uncontested and negotiations are fairly agreeable. However, in some cases, both spouses may not be on the same page when it comes to getting a divorce. Some spouses may feel blindsided by the divorce or they may feel like the marriage is still salvageable. Whatever their reasoning is for not agreeing to a divorce, it is important to understand that they cannot stop it. Although your spouse cannot deny a divorce, there are ways they can prolong the process and make your life as difficult as possible. The following information provides insight on how to deal with a spouse who does not agree to a divorce.

My Spouse Will Not Respond to My Divorce Petition

In Illinois, the only acceptable reason to cite for divorce is irreconcilable differences, which can be cited by either spouse in the Petition For Dissolution of Marriage. The spouse who files the petition is referred to as the petitioner, while the other spouse is referred to as the respondent. Once the petition has been filed with the court, a hearing will be scheduled. It is the filing spouse's responsibility to notify the other spouse of the petition and the hearing. Once the notice is served, the respondent has 30 days to respond to the notice and state whether or not he or she intends to contest the divorce.

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 Posted on February 14, 2020 in Divorce

It can be devastating to those who decide to get a divorce because of their spouse's infidelity. Marital infidelity can cause feelings of sadness, hurt, anger, despair, and anguish, which can all cause the divorce process to be even more stressful and combative than your average divorce. If you are divorcing because of infidelity, you may be wondering whether or not your spouse's adultery could give you an advantage in your divorce. While the answer is typically “no,” there are certain areas and aspects of your divorce that could be affected by a spouse's infidelity.

Wasted Assets During an Affair

When it comes to asset and property division during a divorce, Illinois is considered an equitable division state. This means that each spouse will receive a share of the marital estate that is considered to be fair and just but does not always mean each spouse will receive half of everything. In regard to infidelity, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that the court, “shall divide the marital property without regard to marital misconduct in just proportions…” which means that a spouse's infidelity will not be a deciding factor at all.

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 Posted on February 12, 2020 in Divorce

Nearly any marriage can benefit from a prenuptial agreement. What was once considered a taboo or only for the uber-wealthy, prenuptial agreements are now being used by more and more everyday couples. In the event that you get a divorce, a prenuptial agreement can help you decide how your property is divided, whether or not you receive spousal support, or even who gets custody of your pets. Sometimes, however, you may no longer find that your prenuptial agreement is right for your situation when it comes time to divorce. Can you contest the terms of your prenuptial agreement?

Challenging Your Prenup

Prenuptial agreements are documents that are supposed to make your divorce process easier, not more difficult. However, if you believe that your prenuptial agreement should be invalidated, your divorce has the possibility of getting even more contentious. This is when it is crucial for you to hire experienced legal counsel.

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