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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 Posted on October 31,2024 in Child Custody

In Illinois, courts prioritize the best interests of the child when determining parenting time and parental responsibilities (formerly called "custody"). While joint parenting time and shared responsibilities are common, there are situations where one parent may wish to obtain sole parenting time and decision-making authority.

Getting sole parenting time and parental responsibilities is sometimes possible, but it requires meeting specific legal standards, which can be difficult to prove. If you are seeking sole parenting time in your Illinois divorce, a Kane County family law attorney can help you build a compelling case that shows getting sole custody would serve your child’s best interests.

What Does Sole Parenting Time and Parental Responsibilities Mean in Illinois?

In Illinois, "sole parenting time" means that the child primarily or exclusively lives with one parent, and that parent manages the child’s day-to-day activities. "Sole parental responsibilities" means that only one parent has the authority to make major decisions regarding the child’s welfare, such as decisions about education, healthcare, and religious upbringing.

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 Posted on October 22,2024 in Illinois Divorce

Tax season can add another layer of confusion for divorcing parents, especially when it comes to the Child Tax Credit (CTC). The CTC offers significant tax relief for parents, but who gets to claim it after a divorce? Knowing the rules can help you avoid disputes and protect your finances, and Weiler & Associates, Inc. can help.

As a Certified Financial Litigator, Tim Weiler is an Illinois family law attorney who has the specific experience and knowledge to help you navigate the complexities of financial matters in divorce, including tax-related disputes.

What is the Child Tax Credit?

The Child Tax Credit is a federal tax benefit designed to help parents offset the costs of raising children. For the 2023 tax year, eligible parents can receive up to $2,000 per qualifying child under the age of 17, with $1,600 of that being refundable. The credit can reduce your tax liability and, in some cases, provide a refund if it exceeds the amount of taxes you owe. However, things get tricky after a divorce, as only one parent can claim the CTC for each child in any given tax year.

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 Posted on October 09,2024 in Illinois Divorce

Divorce is a deeply personal experience, and for some, the prospect of airing private matters in court is a process they would avoid at all costs. For high-profile people, or those with substantial assets, the desire to protect privacy during divorce is especially important. Fortunately, there are steps you can take to keep sensitive information out of the public eye and protect your family’s privacy during the process.

If you live in Illinois and are concerned about keeping your divorce proceedings confidential, understanding your options under the law is the first step. Working with a knowledgeable Kane County, IL divorce attorney can help ensure your private matters stay that way while also protecting your children from unnecessary exposure.

Is Divorce Public Record in Illinois?

In Illinois, divorce filings, like other court cases, are typically part of the public record. This means that anyone can request access to these records unless the court takes specific action to seal them. For most divorcing couples, this is not an issue. However, for people with a high net worth, business interests, or public profiles, this openness can present serious concerns.

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 Posted on October 07,2024 in Asset Division

If you are going through a divorce and own shares in a business, you might be worried about what will happen to your ownership stake. In Illinois, marital property laws may impact your shares, especially if they were acquired or increased in value during the marriage. Depending on the circumstances, your spouse might be entitled to a portion of the business value.

To protect your valuable business assets and understand your options, it is crucial to speak with an experienced Kane County, Illinois divorce attorney who has specific experience helping business owners with complicated, high-worth assets. At Weiler & Associates, Inc., we can help you secure your ownership stake and ensure that your business continues to thrive throughout and after the divorce.

Can My Spouse Claim Ownership of My Business Shares?

Yes, in Illinois, your spouse may have a claim to a portion of your shares if they are considered marital property. Illinois follows an "equitable distribution" model, meaning that assets acquired during the marriage are divided in a way that is fair, though not necessarily equal. If your shares were obtained before the marriage, they might be considered non-marital property.

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 Posted on September 27,2024 in Asset Division

During divorce proceedings, one of the most emotionally charged questions couples face is whether to fight for the marital home. For many, this residence signifies stability, memories, and the family unit. Consulting a qualified lawyer can provide invaluable insights into the various considerations that surround this decision.

Emotional Attachment vs. Practical Considerations

When weighing the decision to keep the marital home in an Illinois divorce, it is crucial to consider both emotional and practical factors:

• Emotionally charged memories – The home may hold significant memories, making it hard to let go.

• Sense of stability – Retaining the home can provide a sense of stability for children during a turbulent time.

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 Posted on September 20,2024 in Child Custody

In Illinois, when parents divorce, the issue of parental responsibilities — which includes making decisions about a child’s education — is addressed in the divorce decree. Parental responsibilities are divided into two main areas: decision-making and parenting time. Decision-making responsibilities cover significant aspects of a child’s life, including where they will attend school. 

In a divorce decree, the court may grant one parent sole decision-making authority, or both parents may share this responsibility, depending on what is in the best interests of the child. If both parents share educational decision-making, they must work together to agree on matters related to the child’s schooling, such as choosing between public or private schools, or deciding whether to continue the child’s current education plan. If you have questions about how educational decisions are addressed after divorce, a Kane County, IL child custody lawyer can help explain your rights and options.

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 Posted on September 12,2024 in Illinois Divorce

When faced with a divorce in Illinois, many people assume that court is the only way to resolve their issues. Yet, pursuing a settlement can lead to a more amicable dissolution of marriage, saving time and money. With the assistance of a diligent lawyer, you can create a more favorable and personalized outcome for yourself and your family. Here is how you can steer toward a divorce settlement instead of heading for court litigation.

Begin By Pursuing Open Conversations

The key to a successful settlement begins with honest discussions. Clear communication can bridge gaps and help to reduce tensions. Here are some tips on how to make that happen:

• Engage early – Talk about your feelings and concerns before escalating issues.

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