Posted on January 22, 2020 in Child Custody

When parents are divorcing or separated, they may disagree about how to share responsibility for raising their children, the amount of parenting time children will spend with each parent, and a variety of other issues. In some divorce or child custody cases, the court may require assistance from outside experts such as child custody evaluators, to help determine what would be in children’s best interests. When working with these professionals, both parents and children may be concerned about what records will be available to them and whether confidential information will be released as part of the court record. At Weiss-Kunz & Oliver, LLC, we recently represented a client in a case that clarified some of these issues.

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 Posted on January 17, 2020 in Family Law

An order of protection, sometimes referred to as a restraining order, is a court order that restricts an individual accused of threatening or abusive behavior from continuing their behavior against the accuser. Abuse includes physical abuse, harassment, intimidation, or interference with personal property.

There are several ways an order of protection can be obtained. You can file an order of protection through an attorney, request one with your divorce petition, request a criminal order of protection if there have been criminal charges filed against the alleged abuser, or contact a local domestic violence program for help.

Illinois Order of Protection

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 Posted on January 15, 2020 in Divorce

Due to the long-winded nature of many divorces, there are cases where a spouse passes away before the divorce is final. In Illinois, when a party in a divorce dies, the case is dismissed. The court requires two living parties to a divorce, so if only one is alive, there is no divorce.

Additionally, the surviving spouse is not a divorcee, but rather a widow. But what else changes when a spouse dies during divorce?

Division of Marital Assets and Property

Since the divorce action becomes null and void, there is no division of marital assets and property. The surviving spouse is entitled to all marital assets and property unless stated otherwise in a prenuptial agreement or in the deceased spouse's will. Illinois acknowledges a prenuptial agreement as having precedence over a will, meaning whatever was stated within the prenuptial agreement is taken into account first. Traditionally, marital assets and/or property are passed on to children, brothers, sisters, or parents of the deceased party.

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 Posted on January 10, 2020 in Divorce

Going through a divorce is physically, emotionally, and mentally challenging. Self-esteem may be low, emotions are often running high, and being almost, but not quite yet single, can be exciting. Although there is no Illinois law against dating during a divorce, it can add additional complications and legal issues for you and your new partner. Before you jump into a new relationship pre-divorce, here a few reasons as to why you should consider waiting until the ink is dry on your divorce papers:

1. Changes or elimination of spousal support or child support may occur. If the judge finds out you are living with your new partner, your spousal support may be affected. If you are the one receiving spousal support payments, the court may find that you no longer need the money because your new partner is supporting you. If you are receiving child support, the extra income coming into your household by your new partner could result in a decrease in your child support payments. If you are the one making spousal or child support payments, the court may find that you have more money available, and order you to pay more.  No matter what side of the coin you are on, your spousal or child support could take a hit.

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 Posted on January 08, 2020 in Divorce

Divorce is a long and demanding process, but can get even more complex for high net worth couples. Unlike traditional divorces, high net worth couples must resolve issues dealing with complex taxation, support obligations, tracing of assets including offshore and international accounts, and valuation of businesses and other properties.

The following factors will help you prepare for what you might experience within your high net worth divorce:

1.    More assets, more to divide. Prior to your divorce, it is important to gather all tax (tax returns, W-9’s, I-9’s), financial, and property/asset documentation regardless of your knowledge on the subject. Documents tend to get lost after the divorce has already been filed, making this process more difficult and could put you at a disadvantage in divorce negotiations.

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 Posted on December 30, 2019 in Child Custody

Although your divorce is between you and your spouse, your child will experience the before and after effects as well. Divorce brings massive changes in a child’s life through child custody and/or relocation at any age. Between witnessing an unstable marriage to adjusting to a new life at “Mom’s” and “Dad’s” house, the influence the divorce has on the child can be tough to deal with.

Under the Illinois Marriage and Dissolution of Marriage Act, custody and visitation are now known as parental responsibilities. If you and/or your spouse are granted parental responsibilities, you two are in charge of making decisions regarding education, health, religion, and extra-curricular activities on behalf of your child(ren).

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 Posted on December 27, 2019 in Division of Assets

Illinois is an equitable distribution state, meaning that when you get a divorce, not everything you and your spouse acquired, such as property and assets, will be divided equally.

If you and your spouse cannot come to an agreement on how to divide your property and assets and decide to take your divorce to court, the judge will consider certain marital circumstances on how to divide your property, such as:

• Income
• Employment status
• Length of the marriage
• Whether a spouse is receiving spousal support/maintenance

However, if your spouse is hiding assets from you in hopes they will not have to split it with you, things can get even more complicated.

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 Posted on December 24, 2019 in Child Custody

According to the National Survey on Drug Use and Health (NSDUH), almost 20 million American adults (age 12 and older) are battling a substance use disorder. When deciding child custody matters during a divorce, your child or children's best interest comes first in the eyes of the judge. If the judge believes your former spouse would be unable to make sound of mind decisions on behalf of your child because of their drug addiction, the judge may decide against allowing parental responsibilities and parenting time.

However, if your spouse is in recovery or taking steps towards addressing their addiction, the judge may allow your spouse to see and interact with your child.

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 Posted on December 19, 2019 in Family Law

An order of protection, also known as a restraining order, is filed when one individual feels threatened by the other and/or has experienced abuse. They are meant to keep you safe and out of harm’s way.

According to the 750 Illinois Compiled Statute 60/, Orders of Protection, an order of protection may be filed by:

• An individual who has been abused by a family or household member, or by an individual on behalf of a minor child or adult who has been abused by a family or household member and because of age, health, or mental or physical disability cannot file.
• A foster parent, legal guardian, or adoptive parent of that child if the child has been placed in the foster parents' home by the Department of Children and Family Services or by another foster child agency.

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 Posted on December 17, 2019 in Spousal Maintenance/Alimony

Spousal support, also known as maintenance, is court-ordered payments one spouse pays to the other spouse after a divorce.

The 750 Illinois Compiled Statute 5/504, titled ‘maintenance’ states that  “the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.”

Ordered Maintenance

When deciding whether to establish spousal support, the court will use the following information to determine whether one spouse should pay the other maintenance payments:

• Income and property (of both parties; includes marital and non-marital property and financial responsibilities)

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