The Legality of Parenting as a Same-Sex Couple

 Posted on June 17, 2019 in Family Law

In the past, parenting was often solely an option for heterosexual couples. Whether through biological means or adoption, the nuclear family became the norm in American culture. Times have changed and this is now no longer the case. Many same-sex couples now have large families, both biologically and through adoption. Despite the open-mindedness that has now spread throughout the U.S., same-sex couples still experience legal differences in terms of parenting.

What Is Second Parent Adoption?

 In the eyes of the court, there is a difference between the biological parent and non-biological parent regardless of the amount of parenting each person actually does. This means that the non-biological parent does not have any legal rights of the child. If the child was sick in the hospital, only the biological parent is considered family. In the case of separation or divorce, the non-biological parent would have no right to see their child if the biological parent made that decision. While this may not be an issue when both parents are on good terms, this could become a problem if the marriage goes south. Many do not realize the power that emotions can have over a person until they experience heartbreak or a downhill marriage.

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Will You Need a QDRO in Your Divorce Settlement?

 Posted on May 28, 2019 in Division of Assets

Some people may not realize that money they put into a retirement account, like a 401(k) or IRA, during their marriage is not theirs alone. When the marriage ends in divorce, those retirement funds will likely need to be split just like every other asset and debt the couple has acquired while they were married. In order to avoid paying large fees on a retirement plan withdrawal, the couple will likely need a QDRO (qualified domestic relations order). An attorney can help walk the parties through the process, as it can get a little bit complicated.

What Is a QDRO?

A QDRO is an official decree, which must be approved by a judge, that orders one party to transfer funds from his or her retirement plan to the other divorcing party. Information that must be included in the QDRO includes the plan participant’s name and either a specific amount or percentage of the benefits that are to be paid to the other party.

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Navigating Through a Gray Divorce

 Posted on April 15, 2019 in Divorce

If you are close to retirement and facing a divorce (sometimes called a “gray” divorce), the issues you will need to address are at least somewhat different than those faced by younger couples. For example, you probably do not need to worry about child custody, as your children, if there were any, may already be grown and out of the house. You do likely have a lot more assets in the form of bank accounts, retirement funds, shared real estate, and more that will have to be split between the two of you.

Where to Begin

Even if both parties are willing to share and compromise, there is more to splitting certain funds than one may realize. Rather than being able to just share an IRA or 401(k) like you might do with a bank account, there are rules that must be followed to avoid various fees and taxes. Often, individuals who have passed their middle-aged years have a variety of retirement accounts, and they can be tricky.

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How to Deal with the Mental and Emotional Effects of Divorce

 Posted on March 17, 2019 in Divorce

For many people, the time they went through their divorce may have been the worst time of their lives. No matter whether you wanted out of the marriage or not, from the moment of your separation until well after the divorce is final can be a period of uncertainty and loneliness. Legal missteps during this time can affect the rest of your life, so it is important that you try to remain as mentally and emotionally well during this time.

Coping Tips

1. Acknowledge your feelings, allow yourself to have them, and deal with them in healthy ways. Rather than trying to push down the wide range of emotions you are facing, try working on self-improvement and stress relievers, like working out at the gym, going for a walk, or talking things through with a close friend.

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Assets to Remember When Dividing Property in Divorce

 Posted on February 22, 2019 in Division of Assets

Divorce can bring on a rush of emotions and leave a person going through the process not thinking clearly. There is so much to think about that many assets may be overlooked. Both spouses are legally required to be upfront about their assets. Although there are often cases in which a spouse purposely hides assets, some items are quite simply forgotten when it comes time to divide up everything in a divorce.

Where to Begin with Property Division

Most people probably have no problem coming up with a list of assets and debts that will have to be split in their divorce. On the asset side, think bank accounts, the family home, cars, and investments. On the debt side, think mortgages, loans, and credit cards. These can be split evenly, or couples may have different ideas for who will get what. An experienced divorce attorney can help you iron out a fair deal in your divorce and can assist in making sure you do not forget about any other valuable items that you may be entitled to.

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How Staying in an Unhappy Marriage Can Affect Your Children

 Posted on January 31, 2019 in Divorce

Many times, the first thing on a parent’s mind when they get a divorce is how it can affect their children. Many people have said that staying together for the children is better than getting a divorce. There have been numerous studies on how divorce affects children and their well being, but their have also been many studies on how unhappy marriages affect children. Most of these studies have concluded that while a divorce is difficult for many children, staying in an unhappy marriage can be even more detrimental for children’s well being. Many times, the decision to divorce or not to divorce is made based on the children’s best interests. Here are just a couple of ways that an unhappy marriage can affect your children.

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The Impact of Mental Health on Parenting Time and Responsibilities

 Posted on December 31, 2018 in Child Custody

There are millions of Americans living with a mental illness. In fact, the National Alliance on Mental Illness (NAMI) say that nearly 44 million people experience a mental illness in any given year and about 10 million adults live with a chronic mental illness. Mental illness can include conditions such as bipolar disorder, schizophrenia, eating disorders, and post-traumatic stress disorder, but by far the most common mental illnesses in the United States are depression and anxiety disorders. Though the public perception of mental illness has changed to become more open and understanding, mental illness can still impact people in serious ways, especially those who are going through a divorce. Mental illness can also impact decisions made about parenting time and responsibilities in divorce cases.

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New Law Will Change Tax Deductions for Divorced Couples in 2019

 Posted on November 29, 2018 in Divorce

With the new year fast approaching, 2019 is right around the corner. While this is exciting for some, couples who have just filed for divorce or are mid-divorce could see some not-so-nice changes with the new year. A law that was passed in December 2017 will come into effect beginning January 1, 2019, and will affect any couple who has not finalized their divorce by December 31, 2018. Act Will Change Tax Implications For Divorcing Couples The Tax Cuts and Jobs Act (TCJA) was passed in December of 2017 and made changes to the tax code that will affect about half of Americans in some way, shape or form when it goes into full effect at the beginning of the year. For divorcing couples, the TCJA will affect the tax implications of spousal support (also known as alimony). The act will change the existing 77-year-old law on who pays taxes on spousal support. Old Law vs. New Changes Any couple who finalizes their divorce before December 31, 2018, will adhere to the current rules on who pays taxes on spousal support. As of now, the person who is paying the spousal support can deduct the payments on their taxes. The person who receives the spousal support must pay taxes on the payments depending on their tax bracket. Under the new law, spouses who pay support payments will not be able to deduct the amount on their taxes and the spouse who receives the payments will not pay tax on them. Implications of the Change Couples who are currently going through a divorce have more pressure to finalize their divorces before this new law goes into effect. The American Academy of Matrimonial Lawyers estimates that divorces will change significantly in the way they are settled and that divorce cases will become more hostile than before. The organization has also stated that couples who currently have prenuptial agreements should reexamine the documents and update them based on the new law. Get in Touch with an Elmhurst, IL Spousal Support Attorney

It is no secret that a divorce can be a messy and complicated process. With the new law that will take full effect next year, your divorce could become even more complicated. At Weiss-Kunz & Oliver, LLC, you can have peace of mind knowing that we are here to help you throughout your divorce process and will help you make the best decisions about spousal support and its effect on your taxes. Our highly-skilled Lincolnwood, IL spousal support attorneys understand the importance of receiving support and that spousal support is something that you may depend on, especially right after your divorce. Contact our office today to schedule a consultation by calling 312-605-4041.

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Objecting to a Parental Relocation

 Posted on October 30, 2018 in Child Custody

Divorce is difficult and stressful for everyone - there is no doubt about that. Once you completed your divorce and have decided everything from how your marital property is divided to how your parenting time is divided, you probably felt like a weight was lifted off of your shoulders. All of that stress and worrying can come rushing back if you have to move and you want to take your child with you. In Illinois, parenting time can be changed if there is a significant change in circumstances from when the parenting plan was first created - parental relocation qualifies as one of those circumstances. Even if you are not moving out of the state, you cannot just pick up and move if you are taking your child with you. You must seek the permission of both the other parent and the court.

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5 Ways to Uncover Hidden Assets in an Illinois Divorce

 Posted on September 20, 2018 in Lincolnwood Divorce Lawyer

Divorce can be complicated, especially when you are dealing with a high net worth and a spouse who has attempted to hide assets. Though it is difficult to keep financial secrets from your spouse these days, it does not stop people from trying. According to a report by CreditCards.com, nearly 15 million adults have a credit card or bank account that their live-in partner does not know about. Though it can be tempting to hide assets from one’s spouse during a divorce, it is not a good idea - in fact, it is illegal. If you think your spouse may be concealing financial resources during your divorce, here are five ways you can begin looking for hidden assets:

1. Look at Tax Returns

The first place you should begin looking for hidden assets is in your taxes. Income tax returns from at last the past five years are a good place to start. Look at where income has been coming from, whether that be your spouse’s job, interest, dividends, or capital gains or losses. If something seems off on the tax return, talk to your attorney about it.

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