Category: Best Divorce Attorney in Chicago

  • FAQ: Who is the best Evanston divorce lawyer?

    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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  • 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…)

  • 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:

    1. Getting paid: Trials can become expensive. So lawyers sometimes want to avoid trials because they are worried they won’t get paid for one.
    2. 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.
    3. 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.
    4. 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.

    1. 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.
    2. 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.
    3. 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.
    4. 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:

    1. 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.
    2. 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.
    3. Endless cases: Lack of a trial date can cause a case to drag on for years – often when it doesn’t need to.
    4. 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.

     

  • FAQ: Fast and Affordable Uncontested Divorce in Illinois

    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…)

  • 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…)

  • 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:

    1. 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.
    2. 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:

    1. Do you communicate via email?
    2. Can I access my case file online?
    3. Do you have the capability to conduct a teleconference?
    4. 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.

  • 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.Kim Kardashian divorce domestic violence

    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…)

  • 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.

     

     

  • 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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