Posted on November 23, 2021 in Illinois Divorce

For many Americans, winter is synonymous with the holiday season. Whether you celebrate Thanksgiving, Christmas, Hanukkah, Kwanzaa, or take part in other cultural celebrations, divorcing during this special time of year is especially challenging. Consider the following tips for coping with divorce from mental health professionals.

Make Concrete Plans Regarding Your Shared Children

Separating from your spouse during the holidays is hard enough. Adding children into the situation makes it even harder. If you share children with your soon-to-be-ex, make solid plans for the holiday season. Include detailed information about which parent will have custody of the children and how the children will be transported between houses. Put these plans in writing.

Prioritize Peace of Mind Over Gifts

For many, buying gifts for others is even more enjoyable than receiving gifts. If you are someone who takes pride in finding the perfect gifts for your loved ones, you may feel pressure to maintain this high standard this holiday season. However, it is important to priories your own health and wellbeing. Do not go overboard buying gifts when you should be taking care of your own needs.

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 Posted on November 16, 2021 in Illinois Divorce

When a couple gets married, few describe the union in terms of the marriage’s legal significance. However, it is important to remember that marriage is a legal relationship between two people. Undoing that legal partnership through a divorce can take a significant amount of time and money. However, the cost of divorce ranges dramatically from case to case. If you are thinking about divorce, consider the following factors to estimate how much the divorce will cost.

Estimating the Financial Cost of Your Divorce

When it comes to divorce, it is nearly impossible to predict the exact cost ahead of time. Multiple factors influence the total cost, including the complexity of the couple’s financial situation and what issues the spouses disagree on.

According to Business Insider, the average cost of divorce in the United States is approximately $15,000. However, some divorces cost much less, and others cost much more. If a couple owns few assets, has no children, and agrees on the relevant divorce issues, they may be able to get divorced for as little as a couple of hundred dollars. Divorce cases that go to trial can result in overall costs of $50,000 or more.

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 Posted on November 09, 2021 in Illinois Divorce

Originally posted: April 10, 2019 -- Updated: 11-9-2021

UPDATE: Illinois law has allowed prenuptial agreements and postnuptial agreements for decades. However, for many years, people misunderstood these important legal protections. In 2021, prenuptial agreements are more popular than ever - especially among the younger generation

Prenuptial agreements can protect an individual’s assets and shield them from their partner’s debts. Prenuptial agreements or “prenups” are especially beneficial for business owners, older couples, and individuals with high-value assets. However, prenuptial agreements must be properly executed to be legally enforceable.

If you are interested in learning more about how a prenuptial agreement or postnuptial agreement can benefit you and your partner, contact Weiler & Associates, Inc. 

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 Posted on October 26, 2021 in Illinois Divorce

Millions of parents make the selfless decision to sacrifice a career for the benefit of their children. If you are a parent who has not worked outside of the home in several years or longer, you may be worried about how you will make ends meet if you get divorced. Sadly, many spouses stay in unhappy marriages because they are worried that they cannot manage without their spouse’s income. Fortunately, divorcing spouses in Illinois have several options for seeking financial assistance - both during and after the divorce.

Child Support and Spousal Maintenance

In Illinois, parents with the majority of the parenting time are typically entitled to child support. Illinois courts use the Income Shares model for child support to calculate the amount of child support a parent receives. Both parents’ net income is used to determine child support payments.

Spousal maintenance is awarded less frequently than child support, however, it is possible to get spousal maintenance in an Illinois divorce. If you do not have any marital agreements, such as a prenuptial agreement dictating spousal maintenance, you can petition the court for maintenance. The court will evaluate factors like the duration of the marriage, the standard of living during the marriage, financial resources and needs of each party, and employability of each party when determining maintenance.

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 Posted on October 20, 2021 in Illinois Divorce

During an Illinois divorce, you and your soon-to-be-ex will need to address several important issues, including but not limited to the division of complex assets such as business interests and retirement accounts. You may also need to address complicated child-related concerns like child custody and child support. Reaching an agreement about these issues becomes much harder and more complicated when a spouse is not forthcoming about information. The discovery process is the fact-gathering portion of a divorce case. If you are engaged in a high-conflict divorce or a divorce involving complex assets, the discovery process may be quite involved. Consider the following tips for preparing for divorce discovery.

Gather Financial Records and Other Important Evidence

During discovery, your attorney may use several different methods of gathering information from your spouse. Of course, your spouse’s attorney will do the same thing. Gathering financial records like tax returns, pay stubs, mortgage documents, and loan applications ahead of time can make the process go more smoothly. Your attorney will help you understand what you will be asked to provide during discovery. Keep copies of text messages, emails, voicemails, and other communications with your spouse, as these may be important as well.

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 Posted on October 15, 2021 in Child Support

A university education can set up a young person for long-term career success. Unfortunately, college is also increasingly expensive. The average cost of just one year of college education in the U.S. is over $35,000. Out-of-state colleges and private colleges can be even more expensive. If you are a divorced parent or you are considering divorce in the near future, you may wonder how these costs are addressed. Is college included in child support payments? Are divorced parents required to split the cost of a university education? Read on to learn more.

Educational Expenses for a Non-Minor Child

When parents are unmarried or divorced, one parent may be required to pay child support to the other. These payments help the parent with the majority of the parenting time cover housing, education costs, childcare, and other child-related expenses. A parent’s child support obligation typically terminates once the child grows into an adult. However, it is possible for child support to extend past the child’s 18th birthday. In an Illinois divorce, parents have the opportunity to petition the court for non-minor child support to cover college expenses like tuition and housing.

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 Posted on October 06, 2021 in Illinois Divorce

Pregnancy is supposed to be a joyous time full of expectation and excitement. Unfortunately, life does not always turn out how we expected. Some pregnant women find themselves in a marriage that they no longer wish to be a part of. If you are currently pregnant and you wish to divorce your spouse, you may have questions. Can you get divorced while you are pregnant in Illinois? How does pregnancy impact the divorce process? Will the father automatically be considered the child’s parent? How are child support and child custody handled in a situation like this?

Illinois Law Regarding Divorce and Pregnancy

In 2021, there is only one ground for divorce in Illinois: irreconcilable differences. As long as you meet the residency requirements and can assert that irreconcilable differences have led to the marriage’s breakdown, you will be granted a divorce. This is true regardless of pregnancy. However, there are ways in which pregnancy can impact divorce issues.

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 Posted on September 29, 2021 in Illinois Divorce

In most divorce cases, couples will need to address multiple types of legal and financial issues as they work to separate their lives from each other and legally terminate their marriage. These issues can be especially complicated in a high net worth divorce, and if a spouse is a business owner, ownership of business interests may need to be addressed during the property division process. Whether a business is part of the marital estate or is owned separately by one spouse, a business valuation will usually need to be performed to ensure that the parties fully understand what this asset is worth. By understanding the procedures followed during a business valuation, spouses can ensure that they will be able to determine the value of their property and divide their assets fairly and equitably.

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 Posted on September 21, 2021 in Illinois Divorce

Financial disclosure is a crucial component of any divorce case. Although we like to think of marriage as a romantic partnership – It is just as much a financial partnership. When you get married, you and your spouse entangle your finances. Undoing this financial fusion during divorce can be difficult under the best of circumstances and extremely challenging when a spouse is dishonest. Whether you are only thinking about divorce, or you have already filed your petition for dissolution of marriage, signs of financial deception should be taken seriously. A spouse who lies about his or her income, assets, and debts can trick you into a divorce settlement that is grossly unfair.

You Are Kept in the Dark About Finances

Some married spouses pay bills and make other financial decisions as a team. Others delegate financial decision-making to one spouse while the other spouse handles separate responsibilities. If your spouse is suddenly reluctant to discuss finances with you or gets angry when you mention financial concerns, this may be a red flag. Rerouting mail, hiding financial documents, and deleting computer files or financial software like TurboTax and QuickBooks may all be signs that your spouse is hiding the truth.

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 Posted on September 16, 2021 in Illinois Divorce

Whether you are only contemplating the possibility of divorce or you are certain your marriage is beyond saving, you probably have questions about the divorce process. You may wonder what the divorce process entails or what steps are needed to end the marriage. You may also have conflicting feelings about whether or not to hire a divorce lawyer. Hiring a lawyer is not required to get divorced in Illinois. However, there are significant benefits associated with hiring an attorney during your divorce.

Your Lawyer Can Help You Explore Your Options

There is no one-size-fits-all divorce, and each case is unique. Many people are surprised to learn just how complicated it is to divorce, personally, legally, and financially. It is typically much easier to get married than it is to undo a marriage. Understandably, the divorce process can be overwhelming, and many divorcing spouses do not know where to begin. Your lawyer can help you explore options like mediation and discuss whether these options are feasible given your situation.

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