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How Does a Divorce Work When a Couple Has an Uneven Income?
Many marriages involve the union of people from two entirely different backgrounds. At the end of a marriage, two spouses with uneven incomes often have questions about how the divorce process will be handled. A Kane County, IL family law attorney can address these concerns and negotiate for a favorable result.
At Weiler & Associates, Inc., we can provide you with strong legal advice and representation, whether you earn more or less than your spouse. As a Certified Financial Litigator, Attorney Tim Weiler can provide critical insights into all financial aspects of your divorce.
Property Division for Couples With Income Disparities
Property division can be handled through litigation or through negotiation outside of court. The latter option usually helps couples save money, since it entails fewer legal fees. That being said, you and your spouse may have drastically different ideas about how to divide up your shared property. This includes investments, the marital home, and bank accounts.
How Equitable Distribution Affects Property Division
Property division tends to be one of the most contentious parts of a divorce. When spouses cannot agree on how to divide up their assets on their own, outside intervention may be necessary to assist with the process. Illinois has adopted the standard of equitable distribution to ensure that all property division cases are guided by the same set of principles.
If you are going through a contested property division case, you should familiarize yourself with the state’s laws about dividing up marital property. At Weiler & Associates, Inc., our St. Charles, IL divorce lawyers can inform you of your options to split up your assets, and how the principle of equitable distribution might affect the final ruling.
How Do Judges Divide Property in Illinois?
No matter the case, divorce judges in Illinois always refer to the principle of equitable distribution to divide a married couple’s assets (750 ILCS 5/503). The court will consider multiple factors, including, but not limited to:
What Does the Divorce Process Look Like in Illinois?
For some people, even thinking about the divorce process can be overwhelming. The subject tends to conjure up images of long, drawn-out courtroom hearings and dense paperwork for both parties. A St. Charles, IL divorce lawyer can help break down the process in a digestible way, serving as a source of counsel and legal advice.
At Weiler & Associates, Inc., our attorneys have decades of family law experience. Over the years, we have handled all manner of divorces, ranging from amicable breakups to highly contested cases. We are prepared to help you negotiate for an ideal resolution, but if necessary, we can represent you in litigation.
Filing for a Dissolution of Marriage
The divorce process begins with one spouse filing for divorce in the circuit court of his or her local county. In order to petition for divorce, either spouse must have been a resident of Illinois for at least 90 days prior to filing.
Can Mediation Help With My Divorce?
When a divorcing couple cannot agree about a given issue – whether it concerns property division, child custody, or something else – mediation can help resolve the dispute. In mediation, the spouses can discuss a resolution in a less adversarial setting, aided by a neutral third party. If you are considering mediation for your divorce, a Kane County, IL family law attorney can help you pursue an ideal resolution.
Whether you have been ordered to attend mediation or you want to go of your own volition, Weiler & Associates, Inc. can help you prepare. Since our firm was first established in 1982, we have helped hundreds of clients through difficult family law cases, so you can rely on us to provide you with strong representation and counsel.
Is Mediation a Good Alternative to Litigation?
When a divorce escalates to litigation, the spouses will each state their case to the judge, which will involve presenting evidence, including summoning witnesses. This can be a costly, time-consuming endeavor, and as such, it is not ideal in most cases. If you and your spouse have run into a dispute during your divorce, mediation can allow you to settle without the need for a full trial.
Unique Issues for Stay at Home Parents in Divorce
Raising a child should be a joint effort by both parents. What this looks like can vary from family to family. In some arrangements, both parents work day jobs while making arrangements for childcare. In other arrangements, one parent may take on a breadwinner role while the other keeps the house in order and tends to the child’s needs.
If you are a stay-at-home parent going through a divorce, you may have some very real concerns about how the proceedings will play out. During the dissolution of your marriage, a St. Charles, IL family law attorney at Weiler & Associates, Inc. can help you protect your best interests. Our lawyers have handled thousands of divorce cases, including on behalf of stay-at-home parents, so you can trust us to skilfully advocate for your needs.
Custody Concerns for Stay-at-Home Parents
If your ex primarily served as the breadwinner in your marriage, you may worry that this will adversely affect your rights to parenting time or decision-making responsibility over your child. However, this is not the case. In custody disputes, you should know that the courts will consider many different factors, such as:
Can I Stop My Ex From Moving With My Child?
If your ex wants to move with your child, you may naturally have some strong feelings about it. You may wonder what you can do, if anything, to object to a proposed relocation. To protect your parental rights, consider working with a Kane County, IL child custody attorney.
At Weiler & Associates, Inc., we understand how impactful a relocation can be for parents without primary custody. We can represent you in a hearing to challenge a parental relocation to preserve your relationship with your child. Attorney Tim Weiler is an aggressive advocate, and in the past, he has successfully argued in front of the Illinois Supreme Court.
When Does a Parent Need Permission to Move in Illinois?
Illinois has specific laws about parental relocations. In some cases, your ex may not need approval to seek a change in address. This depends on the distance of the move and the county your ex resides in. A parental relocation is defined under state law (750 ILCS 5/600) as:
When Should You Start Thinking About Divorce?
It is normal for married couples to go through a rough patch, but at what point does a rough patch become an unhappy marriage? The threshold is different for everyone, and it can be difficult to determine when a marriage is no longer worth continuing. However, there are certain signs that could indicate that a divorce is on the horizon.
At Weiler & Associates, Inc., our St. Charles, IL family law attorneys can provide you with skilled advocacy and guidance if you decide that your marriage is no longer working out. Attorney Tim Weiler has experience handling complex divorce issues, so do not hesitate to reach out for a consultation if you want a clear idea of what to expect from the dissolution of your marriage.
Three Warning Signs for Divorce in Illinois
Drifting Apart From Your Spouse
Over time, the spark that once animated a marriage may flicker out. You may grow tired of each other’s company. You may start to daydream about living on your own. You may even begin to resent your spouse. In some cases, you may not even notice the emerging rift between you and your longtime spouse.
Contested Issues in High Asset Divorces
High asset divorces often involve a large, complex marital estate that must be divided between the spouses. This can be a major source of conflict, leading to a contested divorce that could take months or possibly years to resolve. To navigate the process as efficiently as possible while safeguarding your interests, consider working with a St. Charles, IL divorce lawyer at Weiler & Associates, Inc.. Attorney Tim Weiler is a Certified Financial Litigator who is uniquely qualified to advocate for you in the most complex aspects of your high net worth divorce.
Disputes About Businesses in High Net Worth Divorces
If you own a business, a significant portion of your income may come from your daily operations. In a divorce, your business could be threatened if your spouse has a claim to it as marital property.
The boundaries between marital and separate property can be murky at times. If you established the business prior to the marriage, at least some of it may be assumed to be separate property. However, if the business increased in value over the course of your marriage due to marital contributions, your spouse could be entitled to that increase in value. Furthermore, if your spouse is a business partner, it may not be as easy to buy out his or her interests in the company.
Understanding Illinois’ Laws Against Dissipation
When your marriage begins to break down, you and your spouse may become distant from each other. During this period of estrangement, you should be careful to protect yourself against dissipation. If you believe that your spouse has committed dissipation by misappropriating marital funds, consider working with a Kane County, IL family law attorney.
If you have lost marital assets due to dissipation, you may be able to receive compensation for the among lost in your divorce. At Weiler & Associates, Inc., we can help you identify dissipation in your divorce and take legal action to recover lost assets.
What Counts as Marital Dissipation in Illinois?
Dissipation can take many forms, such as:
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Spending money on a partner in an affair, often through expensive dates and gifts
Addressing Important Concerns in Parenting Time Decisions
Child custody adds a layer of complexity to a divorce that can completely stall legal proceedings. But even if things are tense between you and your co-parent, unless you totally rely on a judge to make custody decisions for you, you will still have to work together to divide up parenting time. This is not easy, but you do not have to figure out a long-term solution for parenting time and parental responsibilities on your own. A St. Charles, IL child custody attorney at our firm can help you find a viable solution.
Since our firm was established in 2005, Weiler & Associates, Inc. has helped clients with difficult family law issues. We can help you address the logistical and emotional questions of splitting up custody, advocating for your parental rights while protecting your child’s best interests. Here are some things to think about as you consider the options for custody arrangements.




