Recent Blog Posts
When Do You Need to Modify Your Divorce Decree?
Most people assume that once their divorce is finalized, they are done negotiating all the issues covered in their divorce decree. However, there are some cases where revisiting the terms of the divorce is necessary. If you want to petition for a post-decree modification, a Kane County, Illinois family law attorney can represent your interests to a judge.
At Weiler & Associates, Inc., our attorneys have decades of combined experience handling difficult divorces and complex family issues. Many of our clients have spoken highly of our services, praising our practical approach and excellent litigation skills. You can trust our firm to fight for your rights in a post-decree modification, whether it concerns alimony, child support, or another aspect of your divorce order.
How Can I Prove That an Asset Is My Separate Property?
In your divorce, dividing up your shared property with your spouse will be one of the most significant tasks set before you. Naturally, you may also feel protective of your separate property amid concerns that they could be labeled as marital assets. To protect your interests, consider reaching out to a St. Charles, IL property division lawyer.
Navigating complex property matters is best done with the help of an experienced legal advocate. At Weiler & Associates, Inc., our legal team has decades of experience in the practice of family law, and Attorney Tim Weiler has successfully argued cases before the Illinois Supreme Court. You can rely on our firm to speak up for your rights in asset division.
Three Ways to Show Property Ownership in a Divorce
In Illinois, all assets acquired during the marriage are presumed to be marital property (750 ILCS 5/503). Overcoming this presumption requires a compelling argument, which an attorney can help you make.
How Long Does Spousal Support Last?
For many couples, spousal support – also called alimony or maintenance – is a major concern in a divorce. If you have any concerns about the terms of alimony in your divorce, a Kane County, IL spousal support attorney can represent you and make your voice heard in court.
At Weiler & Associates, Inc., we know the financial pressures that can result from a divorce. As a Certified Financial Litigator, Attorney Tim Weiler can provide you with informed counsel while arguing for your rights.
How Long Do Different Types of Alimony Awards Last?
Fixed-Term Maintenance
As the name implies, this kind of spousal support has a definite endpoint, which may be reassuring for some people who have been ordered to pay alimony. These types of alimony awards may be suited to spouses who are easily able to seek employment but may need a brief cushion of financial support to avoid undue hardship.
What Duties Do Parents Have in a Divorce?
Divorcing as a parent should be handled with special care, as you have to consider how the end of the marriage will impact your child’s welfare. During this process, both you and your spouse will have important decisions to make, even if you do not see eye-to-eye on every issue. With the help of a skilled St. Charles, IL family law attorney, you can carefully navigate these issues in court.
When your child’s well-being is at stake, it may be prudent to seek strong legal counsel. At Weiler & Associates, Inc., we have helped clients through intense custody proceedings with successful results. We can inform you of your responsibilities and help you plan for a healthy resolution to child custody and other relevant issues.
Allocating Parenting Time and Decision-Making Responsibilities in a Divorce
When parents split up, the question of custody may be a complicated one. Parents will have to decide where the child will live after the divorce, which could entail living in two separate households throughout the year, or one household with the other parent visiting regularly. This facet of custody is known as parenting time. Figuring out the right schedule for parenting time may be difficult when parents have conflicting schedules, or if the child has special needs that require regular treatment or accommodations.
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:

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