Want to start an uncontested divorce in Illinois? If you are thinking about representing yourself in an Illinois uncontested divorce, you might wonder about the judge’s role in reviewing the terms of your divorce. After you read this, you might realize that it’s probably better to use a lawyer to start a divorce in Illinois, and to make sure it involves appropriate terms.
(more…)Category: Divorce
About Illinois and Chicago divorce
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FAQ: Flat fee uncontested divorce in Illinois
You want to pay a flat fee for an uncontested divorce, but you don’t know where to start? You’ve come to the right place. You can text or call 312-554-5433 to get started now, or contact us here.
You can also check out this FAQ on flat fee uncontested divorce in Illinois.
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Uncontested divorce: Don’t beat your head against the wall
An uncontested divorce in Illinois should be fast, and affordable. It shouldn’t feel like beating your head into the wall. As a flat fee uncontested divorce lawyer in Illinois, My goal is to make divorce as easy as possible.
You can call or text us at 312-554-5433 to get started. Or read on.
Sometimes people can avoid feeling like they are beating their head against a wall by avoiding the blow mistakes.
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FAQ: Who is the best Evanston divorce lawyer?
Are you looking for the best Evanston divorce lawyer? If so, you probably live in Evanston, want a lawyer nearby, and want a lawyer to do a good job.
Check out this FAQ about finding the best divorce lawyer in Evanston. Or call or text 312-554-5433 to get started now. You can also checkout my Evanston Chamber of Commerce profile page.
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FAQ: Financial Affidavit in Illinois Divorce
Are you getting divorced in Illinois and have questions about completing a financial affidavit? If so, you’re not alone. As a divorce lawyer in Chicago and surrounding suburbs, I know questions about financial affidavits are common. That’s why you should read this FAQ about financial affidavits in Illinois divorce.
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FAQ: Gathering evidence in a divorce
You might ask, “How do I gather evidence in a divorce?” As an Illinois divorce lawyer for wealthy families, I often run into people who have a critical need to collect evidence. It is often said that evidence wins cases. That is as true in an Illinois divorce as in any other type of case.
This article is about gathering evidence in a divorce.
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To deal with a house in divorce . . .
If you have a house and want to get divorce in Illinois, then you might have questions about what will happen with the house. Check out this FAQ about dealing with a house in a divorce.
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5 Tips for Uncontested Divorce
Want an uncontested divorce in Illinois? Here are 5 tips that can help make it happen – or call 312-554-5433 to get started now. (more…)
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How I beat big-time divorce lawyers
If you want to the best lawyer, maybe you should hire a fancy Loop lawyer that bills more than $500 an hour. You might get a great lawyer at that price. Or, you might hire a lawyer that I’ve thoroughly dismantled with superior strategy, legal argument, and litigation skills. (more…)
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A QDRO lawyer for post-divorce problems?
Are you divorced and have a problem with your QDRO or other retirement division issue? If so, read this article about problems that can happen after a divorce is finalized – the so called “post decree” time period.
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FAQ – Divorce Mediation with or without lawyers?
Lately I’ve noticed many divorce mediators who seem to be masquerading as lawyers in Illinois. Sure, they don’t literally claim to be lawyers. And they claim they are not giving legal advice. But there is as very thin line that separates illegally practicing law without a license and what many mediators are doing.
Are you looking for an divorce mediator? Great – you found one! I’m even part of a website devoted to divorce mediation in Illinois [link]. And I’m a lawyer. But you don’t have me to mediate your divorce. But please, if you want to mediator your divorce, choose a mediator who is also a divorce lawyer in Illinois.
I wrote this article to help people understand what’s going on with non-lawyer mediators. (more…)
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FAQ: Financial Disclosure, Interrogatories and Requests to Produce
When a divorce in Illinois is litigated, each side has the right to certain information. The process of acquiring that information is called “discovery.” Another way to put it is that discovery is the evidence-gathering process. In a litigated divorce in Illinois, each party has the right to engage in discovery. However, the process can be time consuming, and frustrating. I wrote the FAQ on divorce discovery to help people understand the process.
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Divorce Lawyer Scared of Trial?
If you are getting a divorce in Illinois, you don’t want a lawyer who is scared of trial. The concept seems funny, doesn’t it? But in Chicago, and other parts of Cook, Lake, and DuPage counties, many lawyers are scared of trial. Within the most recent two weeks, I’ve had several prospective clients want to hire me only a week before a trial – even thought they had other lawyers that have handled their cases for many months. That really go me thinking about how some Illinois divorce lawyers are scared of trial.
I wrote this article about the problems with Illinois divorce lawyers that are scared of a trial.
Why would a lawyer be scared of a trial?
As a divorce lawyer in Chicago and elsewhere in the counties of Cook, Lake, and DuPage, I’ve notice that many divorce lawyers are scared of conducting a trial. Here are some of the reasons they might be scared:
- Getting paid: Trials can become expensive. So lawyers sometimes want to avoid trials because they are worried they won’t get paid for one.
- Client expectations: Many times divorce lawyers in Illinois give false high expectations to clients to get their business, even though it’s fairly clear those expectations won’t be met. Or, a client might wrongly have expectations that cannot be met. So if either of those are the case, I lawyer might pressure a client to settle and avoid a trial.
- Unprepared lawyer: Sometimes, lawyers are as prepared as they should be. No one’s perfect, right? But some lawyers got to court unprepared to make arguments. If your lawyer is like that, then you might wonder what the persuasive arguments are in your case. You shouldn’t have to wonder that. You’re lawyer should have told you.
- Just bad at conducting trials: Some lawyers are not good at putting on a trial. Divorce trials can be very intense matters. In an Illinois divorce, there can be contested issues of property division, child custody, visitation, spousal maintenance, and child support.
How can I determine if a lawyer is scared of a trial?
I’ve noticed some common traits in lawyers that seem scared of having a trial. Here are some of them.
- Invisible partner: Many times a client hires a firm based on speaking to a “name” partner – one of the divorce lawyers with his or her name on the door. And guess what – that partner becomes invisible. Instead of truly being represented by the partner that the client had faith in (for some likely-unsupported reason), the client will instead actually be represented by an associated who’s just taking orders. In my experience, partners who show up at the last minute before a trial are rather scared of going to trial – they were probably hoping all along they could simply settle the case while making boatloads of money of the associate trudging to court doing basically meaningless tasks.
- Bumbling other hearings: Trials don’t happen at the beginning of a case. They happen at the end. Before a trial there have likely been other hearings – maybe on temporary custody, visitation, or child support. If a divorce lawyer seems to be unable to pull off one of those hearings, that same lawyer is probably scared of a trial.
- Lack of passion: If you’re lawyer seems to lack passion for your case, there is a good chance he or she is scared of a trial. This can even be the case for good lawyers. To be frank, sometimes I have clients who think they have good cases, but don’t. I tell them. But if they want to go to trial instead of settle, that’s their choice.
- No strategic explanation: Good divorce lawyers should be able to discuss strategy with you in regards to how a trial would be handle. What are the major issues, and how will they be approached? Is credibility an issue, and if show, how will the lawyer attack the credibility of the other side? If there is no discussion of this nature, than that divorce lawyer may very well be scared of trial.
How will I be harmed if my lawyer is scared of a trial?
I feel sorry for people who hired divorce lawyers in Illinois that are scared of a trial. In my opinion, clients of those lawyers are at risk of serious harm. Here’s how:
- Pressure to take bad deals: I’ve noticed that lawyers who are scared of trial often pressure client to settle when they shouldn’t. That’s opposite behavior of what many clients think a lawyer will do. Many clients initially think lawyers just want to keep dragging a case on to bill more. Maybe they will – until a certain point. Then, they beg a client to settle because they are scared of having a trial.
- High bills: If your lawyer is scared of having a trial, your case might actually end up costing more than if you had a trial. A trial (absent a later appeal), will put at end to a case. On the other hand, negotiations can drag on forever. I had several cases that were greatly sped up by my demand for a trial.
- Endless cases: Lack of a trial date can cause a case to drag on for years – often when it doesn’t need to.
- Stress: One good thing about a trial is that it should put an end to your case. The problem with endless negotiations is that they can drag on forever – and that can be more stressful than actually dealing with the consequences of a trial.
What lawyers aren’t scared of a trial?
As a divorce lawyer in Chicago and the Illinois counties of Cook, DuPage, and Lake, I’m not scared of going to trial. On one hand, I have many cases that settle quickly. On the other, if I think a trial will help my client, I’ll push for one.
If I cannot take your case, I can refer your case to numerous lawyers who I know are capable and willing to take cases to trial. In my opinion, if a lawyer is scared of trial your case will not end as well as it could – even if you settle.
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FAQ: Fast and Affordable Uncontested Divorce in Illinois
If you want a fast and affordable uncontested divorce in Illinois, I’m an Illinois divorce lawyer who can help you out. Call me at 312-554-5433 if you want to get started now.
In many cases, you divorce can be done in about one month, for a flat fee. I do handle nasty litigated cases, but if you an manage it, an uncontested divorce in Illinois is the way to go.
I practice in the Illinois counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will. I wrote this FAQ on uncontested divorce in Illinois to help you get the answers you need to get a quick and affordable divorce in Illinois. (more…)
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Who is the best QDRO lawyer in Illinois?
As a divorce lawyer in Illinois, I often have to deal with dividing retirement accounts as part of a divorce. Here’s the deal with dividing 401ks, pensions, and the like – it’s complicated. Splitting 401ks and pension plans requires a special court order, called a “qualified domestic relations order.” or QDRO. Most QDROS are prepared by specialists because of the technical knowledge required. If you need a QDRO, then you might want to hire the best QDRO lawyer in Illinois. If so, read on. (more…)
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Can I keep my home after divorce in Illinois?
As a divorce lawyer in Chicago Skokie and Evanston, people often ask me if they can keep their house after a divorce. The answer? It depends. If you want an answer to the question what happens to the house after divorce, read this article about dividing this important piece of property. It is often one of the most critical areas of a settlement or trial of a divorce in Illinois. (more…)
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Need a QDRO Lawyer in Illinois?
If you need a QDRO lawyer, that means you need someone to draft a qualified domestic relations order – it’s what’s used to divide 401ks and pensions pursuant to a divorce in Illinois. You might be glad your divorce is over, but now you have to deal with the pain of figuring out what to do about your QDRO. It can be hard to get a QDRO drafted afer a divorce is complete, because many divorce lawyers do not draft QDROs themselves, so if a judgment for dissolution (the “order” that says you’re divorced).
I wrote this article about how to get your QDRO. (more…)
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Need a lawyer for an Uncontested Divorce?
An uncontested divorce in Illinois can be quit simple – so long as you use a lawyer. As an uncontested divorce lawyer in Cook, Lake and DuPage counties, I find that whether it’s Chicago, Skokie, Deerfield or Wheaton, people often have the misconception that an uncontested divorce means a lawyer isn’t necessary. While it’s true that an uncontested divorce in Illinois can be affordable and fast, it’s important not to forget that divorce is as legal process best handle by a lawyer. I wrote this article to explain why people who want an uncontested divorce in Illinois should use a lawyer. (more…)
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Lake Michigan oil spill like divorce?
Today there was an oil spill in Lake Michigan. It struck me that an oil spill can be a lot like a divorce: they are sometimes bigger than they look, are created by idiots, and take longer to deal with than expected. (more…)
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Uncontested Divorce: Top 5 Myths
If you are thinking about an uncontested divorce in Illinois, you may have talked to family and friends who have been divorced. Getting support from your family and friends is important. But the problem is they can spread the Top 5 Myths about getting an uncontested divorce.
This article is about dispelling the Top 5 Myths about divorce in Illinois. (more…)
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No-fault divorce in Illinois: what is it?
As a divorce lawyer, many people contact me asking for help with a “no-fault divorce.” Most of those people are actually looking for an “uncontested divorce,” also known as a “amicable divorce” or a “divorce by agreement.”
I wrote this article to help people understand the term “no-fault” and why that’s not the same as an uncontested divorce.
Grounds for divorce in Illinois (more…)
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Need a divorce attorney like you?
As an Illinois divorce lawyer working in Chicago and the counties of Cook, DuPage, Lake, and Will, I see all types of people. My clients are from diverse backgrounds. Many people think they need a lawyer who is just like them. I don’t think that’s true. (more…)
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The best Illinois divorce lawyer? Tech matters
It seems like a lot of people want to know how to save money with a lawyer. If you are involved in a family dispute, or a divorce in Illinois, you probably want to know how to decrease the costs of litigation.
Whether you have one of the best divorce lawyers in Illinois, very expensive divorce lawyer, or a relatively affordable divorce lawyer, you probably want to know how to spend less money on your lawyer about getting the same result in your case.
Hiring an Illinois family law attorney is no easy task. Obviously, you want to hire an attorney that is best for you. To address that I wrote the article “Who is the best divorce attorney in Chicago?“
But there are other things you can do to make better use of your financial resources.
Use an attorney that leverages technology
While here are numerous factors that can make some one of the best attorney for you, one of it overlooks factor is the attorneys use of technology.
Let me explain to you how I use some technology. I use secure online storage to their clients can have easy access to the document. Then also enables them to easily send me documents. Further, I make extensive use of email, some attorneys do not. I use email extensively with communicating with my clients, and with opposing counsel. That saves a lot of money that would otherwise be wasted on the expense of postage and the time involved in mailing hard copy communication.
I ran across one attorney who did an excellent job leveraging technology for the benefit of her client. Chicago divorce lawyer Marie Fahnert received permission from a judge to conduct a hearing via Skype. In that case, the man was bed-ridden, and the attorney’s use of technology was key to the success of his case. While your case may not be that extreme, Attorney Fahnert’s case does illustrate the important role played by an attorney’s creative and effective use of technology.
Avoid unnecessary communication
One of the biggest wastes of time and money is creating unnecessary communication. Divorce and child custody disputes can be very stressful. But you should be careful not to use your lawyer as a therapist. First of all, lawyers do not tend to be good therapist.
You will also want to be careful not to flood an attorney with unnecessary communication about the facts of a case. In divorce and child custody cases, some facts are relevant to the proceeding, and some facts are not. Your lawyer should help you understand what facts are relevant. If you flood an attorney with too many irrelevant facts, you are likely to waste money and to distract from the more meaningful facts.
Organize your evidence
As an Illinois divorce lawyer, one of the most time-consuming aspects of my job is to organize my clients’ testimony and evidence. Here are a few tips you can use to keep your communication organized:
- Use email efficiently: Don’t send 10 emails a day, unless there is an emergency. It is much better to have one email with clearly delineated topics. Using bullet-points can help keep your emails organized.
- Label evidence effectively: I normally coach my clients how to keep their evidence organized. When clients send me their evidence in an organized fashion, that’s less time I have to spend organizing the client’s evidence. And that saves the client’s money.
Can your lawyer explain technology
The use of technology is one of the major drivers in attorney efficiency. But how can you determine how well your attorney utilizes technology? Most likely, at attorney would not just up and admit “I have no idea how to make use of technology, therefore our communication will be slow and your bill will be 10 percent higher.”
I suggest asking any attorney you’re thinking about hiring the following questions:
- Do you communicate via email?
- Can I access my case file online?
- Do you have the capability to conduct a teleconference?
- How do you prefer to communicate with attorneys on the other side?
A lawyer that cannot explain technology is probably not going to be any good at using technology to help you prove your case. Using technology can be important in cases involving hidden money, secret accounts, and cryptocurrency (like bitcoin); you can learn more about that at this article.
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Is property split 50-50 in Illinois Divorce?
“Is property divided 50-50 in an Illinois divorce?”
As an Illinois divorce, I get that question a lot. The answer? Yes. And no
I wrote this short FAQ on division of property in an Illinois divorce.
How is property divided in an Illinois divorce?
Property is decided “equitably” in an Illinois divorce. Equitably is a fancy word for fair – it’s probably used just to make things seem more sophisticated. Lawyers like that. I’m just going to use the word “fair.”
A fair division of property might mean that you get 60 percent of the property, and your spouse gets 40 percent, or vice versa. Or perhaps the property will be split equally(50-50).
Who decides what is fair?
Judges decide what a fair division of property is, unless the parties can agree. If spouses can settle a divorce without a trial, or get an uncontested divorce, then the sp0uses choose for themselves what they think is fair.
But what if spouses don’t agree?
Then the judge decides what is fair. If you go to trial, you may very well find out that your version of fair does not comport with the judge’s version. Who do you think will win?
What property is divided in a divorce?
Not all property the spouses own is subject to division upon divorce. Only marital property is divided. Marital property is property that is acquired during the marriage – with a few exceptions that are beyond the scope of this article.
By the way, it doesn’t usually matter much whose name is on the property, or who purchased it. For example, if both spouses have separately-titled bank accounts that were opened and funded during the marriage, they might be under the impression that they get to keep an account simply because only his or her name is on it. That would be wrong. The accounts would be marital property and could be divided upon divorce.
Property division misconceptions are one reason I answer “yes” when someone asked me “Do I need a lawyer for a divorce in Illinois?”
For a bit more about dividing property, you might want to checkout my articles “Dividing property in divorce: Overview,” and “Uncontested Divorce & Marital Settlement Agreements: The Home.”
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How to find a good divorce lawyer in Chicago
If you seeking a divorce in Chicago, you may have several options in finding a divorce lawyer. You could ask a friend for a referral, walk into a lawyer’s office around the corner, or use the yellow pages (just kidding).
As a Chicago divorce lawyer, I am available to help with your Illinois family law problems. But here are a few general tips for finding a lawyer.
Here are a few tips to finding a Chicago divorce lawyer.
- What happens during your consultation: If a lawyer doesn’t give you any insight, he or she might not be the one for you.
- Does the lawyer tell you what you want to hear: Don’t hire someone who just tells you what you want to hear. Often, both people in a divorce feel as though they lost. Hire someone who is realistic.
- What are you big issues? In the presidential election, winning Ohio was a major goal for both candidates. This is a good lesson for those in divorce. Don’t get lost in the minutia, keep focus on the major issues.
If you are looking for a good divorce lawyer in Chicago, contact me, Chicago family law attorney David Wolkowitz. -
Divorce Frankenstorm: When forces collide
Hurricane Sandy is producing what some call a Frankenstorm – the collision of a hurricane and a one or two Nor-easters. Apparently the Frankenstorm is a near cataclysmic combination of various storms. As a Chicago divorce
lawyer, I think there can be a sort of Divorce Frankenstorm. If you need help now, you can contact me, Chicago divorce lawyer Dave Wolkowitz. Or, see what constitutes a Divorce Frankenstorm below.What is a Divorce Frankenstorm?
No one (normal) gets married in Illinois thinking he or she will get divorced. But it happens. Some people are able to have an amicable divorce – those people might consider an uncontested divorce in Illinois. However, one small contentious issue can lead to problems. If your divorce has at least three of the below, you may have a major battle on your hands:
- Spouse is mentally unstable: Mentally unstable spouses may blame others for their problems, and make false accusations.
- Spouse is a leach: If your spouse is a leach – happy to enjoy the so-called “marital estate” without putting forth significant effort to earn income, you are likely dealing with someone who wants something for nothing.
- Too much money: Somehow it seems to be rich people who create the most pain fighting over money – when they need that money the least. Sometimes, people just choose to go their own way and leave with what’s fair. Others seek to maximize their gains. When that happens, people get offended and did in their heels.
- Parental alienation: Some parents really can’t help themselves from alienating children from the other parent. It’s sick, but it happens.
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Uncontested Divorce: important information
Interested in an uncontested divorce in Illinois? If yes, you are like many people getting divorced. If you are ready to get started, and contact me, uncontested divorce lawyer David Wolkowitz. For a bit more information, here are some super brief points you should consider:
What is an uncontested divorce?
The spouses must agree on everything. Assets, debts, kids visitation, child support, spousal maintenance (alimony), and so forth. If you are not in agreement on all those things, perhaps your divorce will not be very combative, but it cannot be completed as quickly as a totally uncontested divorce can be done. For more information about one of the more complicated aspects of an uncontested divorce, see my article, “Uncontested divorce and marital settlement agreements: the Home.” It is important to understand when an uncontested divorce probably will not work – for more about that, see my article, “Uncontested divorce: When won’t it work?”
How long does an uncontested divorce take?
The principal determinant is how long the parties take to review the settlements draft by the lawyer. If that review is speedy, spouses can be divorced in less than a month.
Can we use the same lawyer?
Any lawyer who represents both parties in a divorce should retire immediately. However, many people get divorced while only one of them has a lawyer. For example, I might complete the settlement agreements according to terms agreed to by my client and the spouse. Then, the spouse can review those agreements, approve them, then the divorce can be finalized on those terms. See my article, “Uncontested divorce: Can we use the same lawyer?” for more insight into this issue.
What if my uncontested divorce becomes contested?
If an uncontested matter becomes uncontested, then you can either give up, or fight. If I am representing a client in an uncontested divorce, and it becomes contested, that client can choose to have me represent him in the contested matter.
How man times will I have to go to court for an uncontested divorce?
In literally 99.9 percent of my uncontested divorce cases, there is only one court date. In very rare occasions, if the facts are very unique and the judge insists, there might be more than one court appearance. And most of the time, the only spouse require to appear is the one that files the case. But again, that is ultimately up to the judge.
How can I get started?
I make the process very simple. It is as follows:
- You agree to have me represent you
- I send you spreadsheets to fill out
- We talk briefly
- I draft your agreements
- I send you agreements to approve, if necessary, I make changes
- Your spouse reviews, then approves
- I file everything in court, then the divorce is finalized about 2 weeks later when we appear at a “prove-up”
For an uncontested divorce contact me, Chicago family law attorney David Wolkowitz. I also wrong a longer article on uncontested divorce titled, “Uncontested divorce in Illinois: FAQ.”
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Short sale in a divorce: overview
As a Chicago divorce lawyer, I can tell you that even for those in an uncontested divorce in Illinois, what to do about the house is often a problem. One possibility may be a short-sale. (more…)
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High-net worth divorce: overview
A high-net worth divorce in Illinois may involve many of the same issues as other divorces, with a bit more complication. When the case calls for it, I can work with a network of professionals to provide high-net worth individuals with the expertise needed in preparing for divorce. (more…)
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High Net Worth Divorce: FAQ
As a Chicago and Lake County divorce lawyer, I understand that high-net worth people have concerns particular to their wealth. You may read the following FAQ or contact me to discuss your situation.
- Are assets split 50/50 in an Illinois divorce? The judge might divide assets right down the middle, but is not required to. That’s because in an Illinois dissolution of marriage (divorce), judges divide assets “equitably.” What does that mean? Essentially, a judge will divide assets according to what he or she thinks is fair, based on a variety of factors. That could mean a 50/50 split, a 60/40 split, and so forth.
- Will I have to pay alimony? Alimony is now referred to as “spousal support.” Spousal support is supposed to be rehabilitative; in other words, it is not supposed to last forever. Judges may use discretion when awarding spousal support, and they are supposed to award support such that the person receiving the support can maintain the standard of living enjoyed during the marriage.
- How much child support will I have to pay? Child support is set by statute, but deviations are possible. One of the deviations that high-net worth individuals are often concerned with are deviations for high-earners. For example, as outlined in my article “Illinois child support: the basics,” without any deviation a payor of child support would pay 20 percent of his or her net income pursuant to statute. However, a child support payor may receive a downward deviation if the net income is more than a certain amount; Cook County judges generally allow a downward deviation when the payor’s net income is at least $200,000, and DuPage County judges generally use the $300,000 as the point at which they deviate downward for high earners. You can see my article titled “Child support in Illinois: reduced below guidelines” for an example of a case where I won a deviation for my client.
- What about my business in a divorce: Business can be marital property if they were started or acquired during the marriage. You may want to view my article titled, “Dividing property in divorce: Overview.”
- How long will my divorce take? High-net worth divorce can take longer because there are more issues to consider, and because the parties can afford to litigate those issues. The best thing to do is to consult an Illinois family law attorney to get a better idea of the issues involved in your case.
- How much will my divorce cost? It is impossible to say how much a divorce will cost. Consider that you will simply have to determine if spending money on legal fees is worth it, considering the potential (but uncertain) payoff.
Getting a lawyer for a high-net worth divorce
If you are concerned about your property, that’s understandable. And whether or not you support vice-presidential candidate Paul Ryan, I might be able to help. You might be interested in a consultation with me, Chicago divorce lawyer David Wolkowitz. You may contact me online or at Three-One-Two-554-5433 .
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Dividing property in divorce: Overview
As a Chicago divorce lawyer who deals with division of property and high net worth divorces, I know that people have many questions about – to put it bluntly – keeping their stuff. You don’t have to be in a high-net worth divorce in Illinois to be concerned that you keep as much of your property as possible. (more…)
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Want to divorce an alcoholic in Illinois?
As a Chicago divorce lawyer, I find that an alcoholic husband or wife is one of the hardest situations for a person to deal with in a divorce. Often a person married to an alcoholic will feel like the situation is unfair. And it probably is. That’s why a fresh start may be the best thing.
Problems with kids and custody
An alcoholic parent is normally a bad parent. Even if the alcoholic is not abusive, it is likely that he or she is not putting a full effort towards parenting. When a parent is an alcoholic, alcohol-related problems can translate into restricted visitation or parenting time. (more…)
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Illinois child custody: Liars common, but not invincible
As a Chicago divorce lawyer, I see people lie frequently. Very frequently. But in a hearing a few days ago, I almost completely dismantled the opposing client under cross-examination.
Good news: liars are often stupid
The problem with Illinois family law is that so much of it is “he said, she said.” There is so much “creativity” in testimony that’s it’s a wonder that judges don’t burst out in laughter.
However, the opposing party in my recent hearing seemingly has no bounds to her dishonesty. Though the case has been going on for more than six months (and my client was previously represented by a high-priced lawyer in a fancy building), the recent hearing was the first one wear the opposing client was actually made to account for her crazy accusations.
Child custody liar folded under cross examination
Under my cross examination, the other party stammered like a fool, to say the least. The problem for her was that her lies and intentional mischaracterizations have become so extravagant that she can’t possibly maintain believability.
I think one of my important tasks is to help my client focus on which of the other party’s lies are potentially substantive, and which are drivel. Then, of the lies that are substantive, I believe in helping my client assembler the evidence required to expose the other party appropriately.
People that lie in court commit perjury. It is almost impossible to get the state’s attorney to prosecute a perjury case. However, one can also be held in contempt of court for lying in court – an option I’m more than willing to explore for my clients.
It is important to understand that child custody liars don’t just lie on the stand, they lie at every opportunity, such as in a UCCJEA judicial teleconference when the are trying to effectuate what amounts to a kidnapping; see my article titled “Interestate child custody jurisdiction: UCCJEA ‘judicial teleconference’ is critical” to find out more about that.
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Same-sex divorce: Illinois in the Stone Age
As a Chicago divorce lawyer, I come across people who are anxious to move on. For people in Illinois with a family law problem, I can usually help. But the other day, someone called me interested in a same-sex divorce. (more…)
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Divorce in Chicago: Financial disclosure basics
As a Chicago divorce lawyer, I find many people who want to get a divorce in Illinois are confused about handling financial matters. While people generally think they will split some property when they get divorce, financial discovery in divorce is more often a foreign concept. It can lead to some confusion.
Put simply, financial discovery is the process by which each spouse ascertains the financial assets of the other spouse, and the marriage as a whole. Basically, it’s gathering financial evidence. I wrote this FAQ on financial discovery in Illinois divorce to help people understand what will be necessary during a divorce.
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Uncontested Divorce: When won’t it work?
Sometimes, an uncontested divorce won’t work. To find out when that might be, see below.
Plans for an uncontested divorce can blow up. - Children: In a divorce, child custody issues can be complicated. Even where parents are aiming for an amicable divorce, they sometimes realize they do not agree on how to handle the children. Matters with children are one of those areas were a small problem can create a much longer one.
- House that is underwater: In today’s market, many homeowners own homes on which their mortgage balance is greater than the value of the home. This situation can several strain a marriage, and a divorce – because people cannot agree on how to divide the debt. If spouses can’t agree on how to get out of a home, they probably won’t be able to agree to how to get out of a marriage.
- Mental illness in the marriage: If one spouse suffers from a mental illness, particularly one that is untreated, coming to a sensible marital settlement agreement can be difficult.
- One spouse is uninformed: In an uncontested divorce, the idea is that people are working together. However,if one spouse is uninformed as to his or her rights before coming to an agreement, then becomes aware of his or her rights before the divorce actually occurs, the entire process could be derailed.
- Nasty divorce lawyers: It’s sad to say, but some lawyers operate in a totally unethical manner. They try to stoke in order to run up the bill. Spouses who have truly talked about most issue in the divorce, and who are interested in an uncontested divorce in Illinois, could benefit from choosing their lawyers wisely.
Below is some other information about uncontested divorce:
What is an Uncontested Divorce in Illinois?
Phases of an Uncontested Divorce in Illinois
Uncontested divorce: a lawyer’s role
Uncontested Divorce & Marital Settlement Agreements: The Home
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Uncontested Divorce: “Can we use the same lawyer?”
One of the most common questions I get as an uncontested divorce lawyer in Chicago is “Can we use the same lawyer in an uncontested divorce?” Technically, you could. But, there are some very good reason why you should not, and I list some of those below. Feel free to contact me, uncontested divorce lawyer in Chicago Dave Wolkowitz – I may be able to help.
Achieve peace through an uncontested divorce in Chicago - Lawyers refuse: Most lawyers will refuse to represent both parties in a divorce.
- Advice is restricted: If you use the same lawyer as the other party, you will not receive advice that is confidential. You won’t be fully informed. And even though it is an uncontested divorce, being properly advised is still a good idea.
- Uncontested can turn contested: Sometimes people start a divorce as an uncontested matter, then it turns contested. If both parties are using the same lawyer – and that happens – then both people have to get a new lawyer. That’s not an ideal situation, and can cause added expense.
If you are interested in an affordable divorce, then an uncontested divorce lawyer in Chicago can assist you by drafting a settlement agreement. Then, your spouse could hire a lawyer simply to review that agreement and to show up at the prove-up (when the divorce actually happens, in court). By having one lawyer do most the work, then a different lawyer simply review the material for the other party, you can save money.I have written numerous articles on uncontested divorce that you might enjoy:What is an Uncontested Divorce in Illinois?
Phases of an Uncontested Divorce in Illinois
Uncontested divorce: a lawyer’s role
Uncontested Divorce & Marital Settlement Agreements: The Home
If you are thinking about an uncontested divorce, I’m happy for you. You will likely be much better off than those people who waste their hard-earned cash on lawyers they don’t need. I understand divorce is difficult, and that’s why I often meet clients in their choice of locations. So whether you are in Evanston, Schaumburg, Burr Ridge – or wherever, feel free to contact me about an uncontested divorce. What’;s more, much of the work can be done over the phone – and for an uncontested divorce, you only need to show up once in court.
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Foreclosure with deceased homeowner? Hold on, bank!
I recently stopped a sale of a home that a bank was seeking to foreclose upon. Why would a Chicago family law attorney get involved in a foreclosure, you ask? As a family law attorney, I become intimately familiar with my clients’ lives. Just as I hate to see people robbed of a proper role in their children’s lives, I also hate to see banks taking advantage of the same people who paid for their bailout. You should know that if you are facing a divorce and a foreclosure, that’s a double-whammy . . . you can contact me, Chicago divorce and foreclosure defense lawyer David Wolkowitz – I may be able to help. Illinois home foreclosure defense is one of my practice areas.
Borrower died – bank was sloppy
In my recent case, the borrower died, and instead of following the proper procedure, the bank took a shortcut. The borrower’s daughter was my client, and she wasn’t properly notified that the
Hopefully your house is worth more than the materials it's made of bank began foreclosure proceedings. Further, when a borrower is dead, and the bank then wants to foreclosure, Illinois law requires that a “special representative” be appointed as part of a foreclosure case. The purpose of a special representative is to determine if the borrowers have heirs that should be notified of the foreclosure proceeding. However, in my case, no special representative was appointed. I stopped the sale of a house for my client, the borrower’s daughter, so she could have time to sort the mess out and save the house (almost all of the mortgage had been paid off!).
The bank was lazy
The strange part is – the bank didn’t even know the borrower was dead! Despite the fact that the borrow would have been approximately 80 years old when the bank began foreclosure proceedings, the person who was actually served appeared to the process server to be approximately 47 years old. If the lazy bank did any due diligence at all, it would have easily realized the borrower was dead. But instead, the practically criminally negligent banks don’t care, and just want to bring down the hammer as hard as they can.
Divorce and the Home
When working in Illinois family law, I often deal with issues involving homes. For instance, I previously wrote the article titled, “Uncontested Divorce & Marital Settlement Agreements: The Home,” which addressed how a home can be dealt with in a divorce settlement. If you have a divorce and a foreclosure on the horizon, contact me, Chicago divorce lawyer and Illinois foreclosure defense attorney David Wolkowitz; I may be able to help you move on with life with the least pain possible.
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Uncontested Divorce & Marital Settlement Agreements: The Home
Particularly with the current housing market, people getting divorced are concerned with what to do with their home. Today, many people are trying to figure out how NOT to get stuck with the home – instead of maneuvering to keep it. If you are interested in an uncontested divorce, dealing with your home – and its mortgage – should be one of your first priorities. If you are interested in an uncontested divorce in Chicago, Illinois, I can help; contact me – an uncontested divorce lawyer in Chicago.
To sell, or not the sell. That is the question.
Here are some options for dealing with your home in an uncontested divorce.
- Sell the home. The house can be sold prior to the divorce, but then the division of the proceeds, if any, will be not certain until a settlement has been reached. Therefore, a marital settlement agreement (MSA) can be drafted such that it contains a clause that provides a framework for selling the home. For example, an appraiser and broker can be specified so that the ex-spouses need to be minimally involved when the post-divorce house marketing process begins.
- Refinance. If one spouse is to keep the house after the divorce, the spouse that will remain in the house will often refinance the house in his or her name. But beware, you can’t just call up the mortgage company and say, “I’m getting divorced, can you take my spouse off the loan?” There are procedures to be followed. For example, the person who is going to be the sole borrower on the refinanced loan must qualify as such. If this is the option you choose, it is likely that your MSA will need a custom-crafted clause addressing refinancing the home.
- Hybrid/Other. There are a variety of ways ex-spouses can share responsibility for a home. For example, both names can be on the title, and one spouse can contribute to the mortgage payments. However, there are many details to work out, such as what happens in the mortgage becomes delinquent, what happens if the person living in the home does not properly maintain it, and so forth.
The financial benefits of an uncontested divorce are overwhelming. Therefore, it may benefit people seeking an uncontested divorce in Chicago to carefully consider all aspects of their divorce. Once a basic agreement is reached, an Illinois family law attorney an help you draft a sensible marital settlement agreement. Feel free to contact me about your uncontested divorce in Chicago or Illinois.You may also wish to view the following articles I’ve written: -
Illinois’ Family Law Clients’ Bill of Rights
If you are seeking a divorce in Chicago, Illinois, it is important that you have an attorney that respects your rights. As a client in a family law matter in Illinois, your rights are outlined in Section 508(f) of the Illinois Marriage and Dissolution of Marriage Act, which appears below. (more…)
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Uncontested divorce: a lawyer’s role
People interested in an uncontested divorce in Illinois are often interested in minimizing the cost of their divorce. In general, I find that people are sometimes curious about the scope of a lawyer’s involvement in an uncontested divorce.
Below I address some common questions regarding lawyers’ involvement in uncontested divorces.
Do we both need a lawyer for an uncontested divorce?
One lawyer is more than enough to draft the materials needed, such as a marital settlement agreement, and joint parenting agreement. Further, most attorneys will supply the other party with the forms they should fill out In order to move the case forward.
Therefore, an uncontested divorce is affordable because it doesn’t involve needless disagreement and litigation, and because it can be accomplished with only one lawyer.
Can one lawyer represent both of us?
In theory, one lawyer could represent both people, so long as the joint-representation is disclosed. However, it is a very bad idea to do so – and most lawyers won’t do it, including myself. It might be a bad idea to search for a lawyer who will represent both parties in a divorce, because one who accepts such a job is probably suspiciously desperate for business.
What if my spouse is worried about being tricked into an agreement?
As outlined in my post “Phases of an Uncontested Divorce,” the crux of any uncontested divorce is a martial settlement agreement (MSA) and, if the parties have kids, a joint parenting agreement (JPA). Truth be told, both the MSA and JPA should be written in plain English, and both parties should be able to understand them.
However, even when a divorce is amicable and uncontested, it’s understandable that a spouse without a lawyer might feel exposed without the advice a lawyer. Anyone can at any time hire a lawyer, even in an uncontested case. So a person who starts off without a lawyer can hire one later, for ongoing counseling, or simply to review the proposed settlement agreement
What if I want my lawyer to explain the process to my spouse?
Normally a lawyer for one person does not speak to the spouse. In fact, if the adverse party is represented by counsel, doing so is not only unnecessary – it is against the rules of professional conduct lawyers must follow (with few exceptions).Further, many attorneys offering uncontested divorce services state in their agreements that they will not speak to their client’s spouse.
However, if a client wants me to speak to the spouse, I’m open to the possibility (some lawyers refuses to speak to spouses in an uncontested case). What’s necessary in that case is 1) the non-client spouse signs a statement acknowledging that I am not his or her attorney (to avoid misunderstandings), and 2) the client acknowledge that speaking in front of the spouse effectively waives the attorney-client privilege
What if things start to get heated?
A divorce that starts out as uncontested can become contested – parties might find out they don’t agree to the extent they previously believe. If that is the case, the same lawyer who you were dealing with for your previously uncontested case can continue to handle the case if it becomes contested.
How often do we have to meet?
Particularly in an uncontested divorce, meetings can be kept to a minimum. After all – most people have better things to do hang out with lawyers! In fact, it is possible to get an uncontested divorce and only meet your lawyer once in person – and that’s the day you actually get divorced – in court!
How do I get started?
You can contact me, Chicago divorce lawyer Dave Wolkowitz. I’ll try to give you a call back as soon as possible. I can answer your questions about the uncontested divorce process – and you will deal with me directly. In fact, to accommodate prospective client’s busy schedules, I’m more than happy to speak on evenings and weekends. I’ve developed an efficient process to handle uncontested divorces, including the use of online file storage and e-signatures – to save everyone’s time. My goal will be to handle your divorce with minimal disruption to your life – so you can move on.
You might also want to review my posts entitled “What is an Uncontested Divorce in Illinois?” and “”Phases of an Uncontested Divorce in Illinois“
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Kim Kardashian: domestic violence on display before divorce
Kim Kardashian’s marriage is a hot topic these days. She’s filed for divorce – no surprise there. But the domestic violence she committed against husband Kris Humphries is serious.
In the context of Illinois marriage, child custody, and divorce, domestic violence is usually viewed as something men commit against women. But it can go both ways, as Kim Kardashian demonstrated while the cameras rolled during the season premier of “Kourtney & Kim Take Manhattan.” Kim seemed to put her full force into hitting her monstrous husband during an argument.
Dr. Drew Pinskey said “What you are seeing there is domestic violence . . . A lot of people watching this may not understand this. And I get that. It looks playful. What’s the big deal? But it’s a massive deal … This is an incontrovertible piece of evidence of someone engaged in a domestic violence relationship.”
Luckily for all Earth’s creatures, the two brainiacs involved in the domestic spat have not produced a child.
But if they did, and they lived in Illinois, their divorce and child custody case might be complicated by Kim Kardashian’s domestic violence.
As I discussed in my post titled “Illinois Child Custody Factors,” the presence of domestic violence in a relationship is factor courts may use in determining child custody. In the context of an Illinois child custody dispute, domestic violence is defined by Section 103 of the Illinois Domestic Violence Act of 19 (750 ILCS 60/103) as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person [acting in the place of a parent].”
Here are some things to keep in mind about domestic violence as it relates to child custody disputes:
- The perpetrator of domestic violence need not be male.
- The victim need not be heart for domestic violence to be present and used by a judge as a factor to determine child custody.
- Domestic violence is not limited to physical violence
People need to use common sense when in a child custody dispute. As a Chicago divorce lawyer, there are few things that bother me more than a person making false allegations of abuse against the other parent. Simply because someone is “mean” or a “jerk” does not mean that domestic violence is present.However, if you are truly a victim of domestic violence, then you should consider taking action before your problem gets worse. Please contact me, Chicago, Evanston and Schaumburg family law attorney David Wolkowitz; I may be able to help. -
Child Custody Emergency Motions: the basics
As a Chicago divorce attorney practicing in family law, I often deal with critical child custody issues. The most critical can be the other parent’s use of an emergency motion to manipulate a child custody dispute. If an emergency motion has been filed against you, contact me and I may be able to help you with your child custody emergency. (more…)
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Divorce: money and kids
When someone asked me “When is the best time to get divorced?,” I ask them “When do you want to start moving on with your life?”
There are many reasons people delay a divorce. Anxiety is chief among them. However, delay can often increase anxiety – as a lack of information normally does.
The broadest categories of divorce are child custody and money. If you’d like to talk about either, contact me, Illinois family law attorney David Wolkowitz; I may be able to help you get the information you need to reduce your anxiety.
Child custody in Illinois
If you have kids, hopefully you can get divorced amicably. As a divorce attorney in Chicago, Evanston, Schaumburg, and elsewhere, helping parents achieve a peaceful solution something I like to do.
If you have kids and your marriage is coming to an end, you are rightly concerned about your children’s well-being. A low-conflict divorce can be the best way to do that; for more about this, you might want to read my post titled “What is an uncontested divorce in Illinois?”
Money
Getting divorced is a lot easier if you don’t have kids. No one wants to lose money, but time with your children definitely cannot be replaced.
Certainly, people are rightfully concerned about the division of marital assets. While some concerns about money are related to providing for basic necessities, in my experience those who fight the most about money are those who have the most.
People who cannot separate their egos from their divorce case are good at creating a miserable divorce process. For example, many people see divorce as a way to be compensated for being mistreated. Those people resemble junior high students more than they do those who truly want to move on with their lives.
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Nice divorce attorneys? Yes!
I’m often surprised by the reaction I get from people after meeting with me to talk about their divorce. Not too long ago, after chatting with me someone actually said “You’re a nice guy for a lawyer.” The sense of shock in his voice was palpable.
From what I can tell, people often wonder if they should get a “nice” or “mean” lawyer. Some people think working with someone who us uber-aggressive will be advantageous in court. That’s not necessarily true. In fact, the opposite is often true – those whose strategy is simply to intimate and bully others are often only serving themselves. Are there times when a person should want a lawyer to get tough? Sure. But there is a time and place for everything.
Why get a “nice” divorce attorney?
- Super-aggressive behavior that is clearly meant to intimidate others stands a good chance of raising the ire of judges. That’s not good.
- Even if you are fighting with your ex, your lawyer and your ex’s lawyer don’t need to take things personally between the two of them. Nice lawyers work with other lawyers well, and that can benefit clients.
- Nice lawyers will probably end up treating their own clients with more respect. This is important, because if the attorney-client breaks down due to lack of respect, it can be difficult to continue with your case.
- Being combative when it is not necessary can cause your case to become much more expensive than necessary. You don’t want that!
How to get a nice Illinois family law attorney:
When trying to find a lawyer, you will probably talk to several. Take some time to consider the way the lawyer is dealing with you at that point. Ask the lawyer what his or her approach is. Find out how he or she deals with other attorneys.
If you are interested in finding an Illinois family law attorney, you might want to read my post entitled “Who’s the best divorce attorney in Chicago?”
Also, you can always contact me, Chicago divorce attorney David Wolkowitz; I might be able to help.
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How long does a Chicago divorce take? Divorce time FAQ.
As a Chicago divorce attorney, I’m often asked the question “How long does a divorce take?” While it is impossible for any attorney to give an exact answer – particularly one who is simply writing this post – you might keep in mind the following points covered in the below “Divorce time FAQ.”
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Yes, I’m an Evanston Divorce Attorney!
If you need a divorce attorney in Evanston, I might be able to help.
Let’s meet in Evanston, in the evening, on weekends . . . whenever. Dealing with your Evanston divorce attorney should not be the most difficult part of your divorce. (more…)
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Who’s the Best Divorce Attorney in Chicago?
Are you looking for the best divorce attorney in Chicago?
Your choice of attorneys is important. I suggest you consider the following factors in when choosing a divorce attorney. (more…)
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What is an Uncontested Divorce in Illinois?
Simply put, an uncontested divorce in Illinois is a divorce where the spouses agree to every aspect of their divorce, or dissolution of marriage. But, marriage can be complicated. As a Chicago divorce lawyer and Illinois family law attorney, I suggest you
become familiar with exactly what you will have to agree to in your divorce case.For an uncontested divorce in Illinois, spouses will have to reach agreement in the following areas:
- Child custody: Will parents share “joint legal custody,” so that they are both legal guardians?
- Children’s residence: Where will be the children’s official residence?
- Child support: How much child support will be paid? And to who?
- Dividing assets: How will the marriage’s assets be divided? Who gets what? Should some of it be sold, and the proceeds distributed? Who gets the house?
- Dividing debt: Marriages can be dissolved easier than debt. Who’s going to pay the bills?
- Alimony: In Illinois, the legal term for alimony is “spousal maintenance.” How much alimony should be paid, if any, and for how long?
Even if your marriage has taken on a certain amount of acrimony, you and your spouse might be able to come to agreement for the benefit of everyone involved. In the end, an uncontested divorce is about pragmatics: putting the past behind you and moving ahead as quickly as possible.If you think an uncontested divorce might be a possibility, I can help you develop an approach to use in bringing up the topic with your spouse. See the post I wrote titled Phases of an Uncontested Divorce in Illinois for a bit more information on the most affordable way to get divorced in Illinois. I also wrote a reasonable comprehensive articled titled, “FAQ: Fast and Affordable Uncontested Divorce in Illinois.” Or, you can contact me for a free consultation. -
Phases of an Uncontested Divorce in Illinois
Just the other day I spoke a potential client who was interested in obtaining a divorce. Since he had heard horror stories from some of his friends and family, he was dreading the process. However, after I spoke with him I learned he might be able to take advantage of an uncontested divorce for a flat fee. (more…)
