Posted on January 10, 2025 in Illinois Divorce

For many people going through a divorce, the idea of testifying in court can be daunting. The good news is that most divorce cases in Illinois are resolved through negotiations, mediation, or settlements, and do not go to trial. 

However, if your case does go to court, you may be required to testify, and this could include undergoing cross-examination. Understanding this process and how an experienced Illinois trial divorce attorney can help is essential when preparing for your divorce trial.

Cross-Examinations During Divorce Trials

In Illinois, divorce trials involve a presentation of evidence and testimony before a judge. If you testify during your trial, you will likely face both direct examination and cross-examination.

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 Posted on January 07, 2025 in Illinois Divorce

Divorce is one of the most financially complex events many people experience. Untangling shared assets, debts, and financial obligations can be time-consuming, expensive, and exhausting. This is where a Certified Financial Litigator (CFL) plays a vital role. 

A CFL is a financial professional with specialized training to navigate the intricate financial aspects of legal disputes, including divorce cases. Combined with the legal knowledge of an Illinois divorce attorney, a CFL can make a major difference in the outcome of a divorce. 

What Does a Certified Financial Litigator Do? 

Certified Financial Litigators bridge the gap between law and finance. They possess expertise in financial forensics, valuation, and dispute resolution, which makes them uniquely qualified to deal with complex financial issues in divorce proceedings. Their main goal is to ensure that all financial matters are correctly discovered, documented, and negotiated to achieve a fair divorce settlement, particularly in regard to property division.

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 Posted on December 27, 2024 in Illinois Divorce

Pursuing a divorce in Illinois can be stressful, especially if you are concerned with the cost of your divorce. It is no secret that fees in a divorce can add up, but you should not let this stop you from starting the process of divorce and obtaining legal assistance if you think this is the right step for you.

Once you understand the average costs associated with Illinois divorce, you will have a better idea of how to tackle this cost while you work with an experienced Illinois divorce attorney.

Common Divorce Expenses 

When it comes to seeking a divorce in Illinois, many people are worried about the final cost. Various expenses associated with a divorce can accumulate quickly, and you will be responsible for many costs such as court fees (initial filing fees for your Illinois divorce range between $200 and $400), fees for photocopies of documents, and attorney’s fees. In certain cases, such as when one spouse is financially dependent on the other, the spouse with an income may be responsible for the other spouse’s attorney fees, as well as interim spousal support.

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 Posted on December 20, 2024 in Child Support

Child support is intended to ensure that children receive the financial resources they need after their parents separate or divorce. However, mistakes can happen, and some parents may find themselves paying child support that was miscalculated, unjustly ordered, or otherwise inappropriate. 

If you believe you have paid child support in error, you may wonder whether you can recover your money. The answer depends on the specific circumstances in question. Consulting an Illinois family lawyer is essential to understanding your options and protecting your rights.

When Does Child Support Overpayment Happen?

Several scenarios can lead to wrong or excessive child support payments. For example, overpayment might occur if you discover you are not the biological parent after already paying support, or if your payments continued after your child reached adulthood or became emancipated. Errors in calculating support or delays in modifying a child support order after a change in circumstances can also lead to overpayment.

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 Posted on December 16, 2024 in Illinois Divorce

The finalization of a divorce decree in Illinois often brings a sense of closure, but not everyone feels the outcome is fair or just. If you believe the court made an error in your divorce case, you may have the option to appeal the decree. 

Appeals are not about retrying the entire case but rather challenging specific legal errors that impacted a decision. A knowledgeable Illinois family lawyer can help you determine whether appealing your divorce decree is appropriate for your situation.

When Can You Appeal a Divorce Decree?

In Illinois, you can appeal a divorce decree if you believe the judge made an error in applying the law or if there were procedural issues that unfairly impacted the outcome of your case. The court must have incorrectly interpreted or applied Illinois family law for an appeal to be considered by an appellate court, the next highest level of courts in Illinois. 

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 Posted on December 10, 2024 in Illinois Divorce

Divorce can bring significant changes to your financial life, including how you file and pay taxes. These changes might seem overwhelming, but understanding how they work can help you prepare and avoid surprises during tax season. A knowledgeable Illinois divorce attorney can explain how divorce will affect your taxes and help you take the right steps to protect your finances.

Filing Status Changes

Your tax filing status is based on whether you are married or single on December 31 of the tax year. If your divorce is finalized by that date, you must file as "Single" or, if you qualify, "Head of Household."

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 Posted on November 28, 2024 in Asset Division

Some married couples decide to invest in a summer home, such as a lakehouse, cabin, or beach house that can serve as a favorite vacation destination. These properties often provide an experience that cannot be replicated at a hotel or resort, allowing you some peace and quiet and creating some irreplaceable memories for your family.

However, serious questions can be raised about ownership of a summer home in cases of high asset divorce, especially if both spouses want to keep it. The Kane County, IL family law attorneys at Weiler & Associates, Inc. have experience resolving divorce issues, and we are prepared to help you navigate the division of your summer home.

The Difference Between Marital and Non-Marital Assets

When assets are split up in a divorce in Illinois, the court has to make a judgment about what is and is not marital property–that is to say, what belongs to you exclusively and what is jointly owned by you and your spouse. Under state law, anything that you acquired before the marriage is generally considered your own non-marital property, along with inheritances and gifts you have received.

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 Posted on November 19, 2024 in Illinois Divorce

An order for spousal support (commonly referred to as alimony) can have lasting implications for your financial situation. On top of that, once you have been ordered to pay spousal maintenance, it can be very difficult to get out of it.

While your options may be limited, understanding your legal recourse for alimony payments could save you long-term stress. An experienced Illinois family law attorney can provide you with guidance and aggressive representation during and after a divorce, giving you a real voice in negotiations.

Case 1 - Stick With It

The simplest solution and the path of least resistance is to simply make your alimony payments on time until spousal support is terminated. It is exceedingly rare for a judge to order indefinite spousal support, and it usually only happens for marriages that have lasted at least twenty years.

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 Posted on November 14, 2024 in Illinois Divorce

If you are getting a divorce, you might have serious questions about how your properties are going to be split between you and your spouse. This can include not only the marital home but other real estate properties as well.

As these assets can be valued in the hundreds of thousands of dollars, it is crucial that you seek out an experienced family law attorney who can protect your rights to your property and ensure a smooth transition out of the marriage. Even if your divorce is amicable, an Illinois family law attorney can still be immensely useful in clarifying the complex legal procedures behind the division of assets.

Who Gets the Marital Home?

Put simply, the marital home is the house a couple lives in during a marriage. There are several factors that may influence the judge’s decision about who keeps the marital home. The presence of children is one of the most significant considerations. In family law, courts always make rulings based on whatever is in children’s best interests, so the main custodial parent sometimes keeps the house, especially if the children have a sentimental attachment to the property and/or location.

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 Posted on November 07, 2024 in Paternity

Discovering infidelity in a marriage can be crushing, especially if you find out that you are not the biological father of your child. You may have pressing questions about paternity and what your options are when you have been willfully deceived. A father in this position has an important decision to make, one that is not to be taken lightly. A Kane County, IL family law attorney can meet with you privately to discuss a possible course of action and protect your rights before a judge.

Discovering DNA Evidence

In this day and age, genetic testing is so widely available that you may only have to drive to your nearest Walgreens or CVS to get a test. Online services like 23andMe and Ancestry.com can also produce results in a matter of weeks. However, you should know that any of these results are not admissible evidence in a court of law. As soon as you discover evidence that a child may not be yours, you should take immediate action with a family law attorney to learn your options.

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