Can I Completely Restrict Parenting Time from My Ex?

 Posted on February 11, 2020 in Child Custody

Divorce can be complicated on its own, but adding children into the mix can complicate things further. When you get a divorce and you and your ex have children together, you will almost always split decision-making responsibilities and parenting time with them if it is left to the courts to decide. The courts will encourage you and your ex to work together to create parenting plans, but in the event you and your spouse cannot work together, Illinois family courts will intervene and it will be left to a judge to determine what is in the best interests of the children. Sometimes, a parent may believe that what is best for their child is for the other parent to play no part in their life. In cases like these, will the court issue an order to restrict parenting time?

Petitioning the Court for Parenting Time Restrictions

In an effort to be fair to all parents, the court begins its determinations from a place of neutrality. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that “It is presumed that both parents are fit and the court shall not place any restrictions on parenting time…” If you believe that your ex should have parenting time restrictions, you must be able to prove to the court that spending time with your ex would endanger the physical, mental, moral or emotional health and well being of your children. If you wish to restrict your ex's parenting time, you must petition the court for the restriction and attend a hearing.

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How to Deal With Marital Asset Dissipation in Your Illinois Divorce

 Posted on February 05, 2020 in Uncategorized

The “dream” divorce, if there is such a thing, is one in which both spouses are amicable with each other, still respect one another, and are willing to work together. While this may be a reality for a lucky few, the majority of divorces are going to involve some degree of animosity between the spouses. In some cases, the tension between the spouses can get so bad that a spouse will do anything in his or her power to keep their soon-to-be-ex from getting their fair share of marital assets. In these cases, the spouse may do what is considered marital asset dissipation.

What is Dissipation?

The Illinois Supreme Court defines dissipation as the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time the marriage at a time the marriage is undergoing an irretrievable breakdown.” Dissipation can include intentional wasting, spending, destroying or otherwise squandering marital assets for the simple purpose of depriving the other spouse of the asset. Examples of dissipation can include:

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Divorce and Debt in Illinois

 Posted on January 31, 2020 in Divorce

One of the most frequent causes of marital stress - and often divorce - is financial issues. Multiple studies confirm that high debt and the lack of communication about the debt is one of the major stresses in many marriages that end up in divorce.

Some of the more frequent financial issues that married couples face include:

• Credit card debt: When one spouse continues to rack up credit card debt over the objections of the other spouse
• Budget overextension: When one or both spouses are unable to stay within their financial means
• Financial infidelity: When one spouse has secret bank accounts, credit cards, hidden purchases, or gambling issues
• Impulsive major purchases: When one spouse makes a major purchase - such as a vehicle - without discussing with the other spouse
• Inability to compromise: When spouses have different philosophies on how money should be spent, saved, etc.

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Hollywood Divorce vs. Real-Life Divorce

 Posted on January 29, 2020 in Divorce

The Oscar-nominated movie, Marriage Story, starring Scarlett Johansson and Adam Driver, offers insight and advice regarding marriage and divorce. The film focuses on real-life issues within a relationship and offers teachable lessons for those who are ending their marriages.

The critically-acclaimed film has won rave reviews because of its realistic and often gut-wrenching portrayal of a couple whose love for each other disintegrates into divorce. And just like many real-life couples, the main characters first agree that they will bypass legal battles and have a "friendly divorce," however, both end up hiring divorce attorneys. As the film reveals, even the friendliest of breakups can become contentious and attorneys are needed to make sure the divorce process is as fair as possible for both spouses.

How Divorce Attorneys Make a Difference

If you believe your marriage is headed towards divorce, do not put off hiring a legal professional from Weiss-Kunz & Oliver to help. Our legal team has successfully handled countless divorce cases and has the skill and legal expertise when it comes to knowing what to expect both in and outside of the courtroom.

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What Is a Postnuptial Agreement?

 Posted on January 24, 2020 in Marital Agreements

When a couple decides to get married, they usually agree to share what they own. If the marriage were to end in divorce, the marital estate is divided under the equitable distribution doctrine. Unlike community property states, which divide the couple's assets in a 50/50 division, Illinois law says the couple's assets need to be divided equitably based on certain factors. Some of these factors include:

• How long the couple was married
• Each spouse's contribution to the marital estate
• The value of the assets
• What each spouse's financial circumstances will be after the divorce
• Tax implications
• Whether spousal support will be paid

One factor that usually supersedes all other factors is whether the couple had a valid prenuptial agreement. A prenuptial agreement is a legal contract entered into by the couple prior to the marriage which stipulates how assets and property will be divided in the event the couple divorces. The agreement can also address any outstanding debt the couple has and spousal support/maintenance. Although it is recommended that every couple draw up a prenuptial agreement before the wedding, many couples choose not to. The good news for those couples is that Illinois law also recognizes postnuptial agreements. Postnuptial agreements address the same terms and/or issues that prenuptial agreements do. The only difference is that the agreement is entered into at some point after the couple has married.

Reasons Why Married Couples Choose to Sign a Postnuptial Agreement

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Can a Child Custody Evaluator Access Confidential Information?

 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.

How Does Illinois Law Address Child Custody Evaluators?

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Order of Protection in Illinois

 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

Some of the issues that may be addressed in an order of protection include:

• Forbid the individual from entering a shared residence

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What Happens if a Spouse Dies During Divorce?

 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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Dating During Divorce

 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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Five Ways an Illinois Divorce Changes with High Net Worth

 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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