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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 Posted on September 10,2021 in Child Support

Any parent can confirm the fact that having children can get very expensive. Childcare, tuition and other school expenses, and extracurricular fees are just some of the child-related costs parents may encounter.

Many divorced and unmarried parents receive financial assistance from the other parent in the form of child support payments. However, some parents may experience financial difficulties that leave them unable to pay child support. If you or your child’s other parent are currently unemployed or facing another financial hardship, you may wonder how this can influence child support payments. Read on to learn how Illinois courts handle child support when a parent is unemployed and what you should do if you need to modify or enforce your current child support order.

Does a Parent Have to Pay Child Support if They are Unemployed?

A statutory formula determines the amount that a parent pays in child support in Illinois. Both parent’s net incomes are taken into account so that the payment amount is appropriate and reasonably affordable. You  may ask, “If a parent has no income, does that mean that he or she is absolved of his or her child support obligation?” The short answer is no. Unemployment does not automatically terminate or decrease a parent’s child support obligation. However, the parent may be able to reduce his or her child support obligation by successfully petitioning the court for a child support order modification.

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 Posted on August 26,2021 in Child Custody & Allocation of Parental Responsibility

When it comes to co-parenting, it is best to be as prepared as possible. This is one reason Illinois requires divorcing parents to submit a parenting plan to the court that describes the important details of their co-parenting agreement. If you are a parent who is thinking about divorce, it is important to understand what Illinois expects from parents during the divorce process, including what you will need to address in your parenting plan. You and your soon-to-be ex can agree on the terms of the parenting plan and submit the plan jointly, or submit separate parenting plans to the court for consideration.

The Allocation of Parental Responsibilities and Parenting Time

Illinois does not use the terms “child custody” and “visitation” to describe parenting duties anymore. Instead, child custody is broken down into two main components:

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