If you have kids and want to get divorced, you’re probably concerned about child custody issues. as in Illinois child custody lawyer, I’ve written this article to answer frequently asked questions about child custody.[continue reading…]
Call 312-554-5433 to get started with your Illinois divorce or family law matter. Serving clients in the Illinois counties of Cook, DuPage, Kane, Kendall, Lake, McHenry and Will.
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.
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.[continue reading…]
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.[continue reading…]
Unfortunately, it is very common for a person to make a false allegation of domestic violence in order to get a leg up in an Illinois divorce. I’ve talked to many people who don’t think it will happen to them . . . until it does. If your relationship with your spouse is getting heated, then you need to read this article the educate yourself about orders of protection.[continue reading…]
If your marriage is breaking down and you like seeing your kids, one of the worst thoughts is probably your kids being taken far away from you. What if your kids were taken from Illinois, to another state, or vice versa? And what if the other parent took your kids away using deception? If you want to avoid being fooled into the losing end of an interstate child custody dispute, you should read this article the discusses relocation by deception and the Uniform Child Custody Jurisdiction and Enforcement Act.[continue reading…]
Want to know what to do when you get served with an order of protection? An experienced Illinois order of protection lawyer can help you win your case. There are important steps you should take . . .[continue reading…]
Having an Illinois order of protection against you can be scary. That’s why you need an Illinois order of protection defense lawyer. Representing yourself is risky, and increases the chance that you will be stuck with an order or protection against you. Check out his FAQ about being served with an order of protection.[continue reading…]
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.
Who gets the house?
Many people want to know who will get he house. That depends on a lot of factors. Some of the factors a judge might consider are the following:
- What would be best for kids involved
- Who can afford the house after the divorce
- Whether the parties disagree on who should get the house
If people getting divorced cannot agree on what to do with the house, the most likely outcome is that the house will be sold. The primary reason for that is often one party cannot buy out the other party, or the party who wants the house cannot afford to refinance the mortgage.
Will we have to sell the house?
In fact, if you and your spouse do not agree on what to do with the house, or on how much the house is worth, it is VERY likely that the judge will order the house sold.
So if you hand your souse want to make sure that neither of you gets the house, a good way to accomplish that would be to fight about it.
I have some news for you. Even though a judge’s job is to hear people argue, judge’s like to make things as simple as possible. That means a judge would probably rather order the house sold instead of hearing two people go back and forth about who should get the house in the divorce.
Who gets to chose a broker?
Here’s a shocker: people sometimes have a hard time coming to agreement when getting divorced.
So how do they choose a real estate broker?
Here are the primary ways a real estate broker can be chosen in an Illinois divorce:
- The Parties agree
- The judge picks one different from each of the Parties’ choices
- There’s a hearing, and the judge decides which of the Parties’ preferred broker will be chosen
- The Parties have 2 brokers pick a 3rd broker (pretty stupid)
When I have a client who needs to sell a house during a divorce, I try to refer them to the best brokers I know. And that means people with expertise who don’t screw my clients over to make a quick buck.
You need to be really careful when choosing a broker, because many of them have almost no expertise at all, and further, they will throw their own clients under the bus by encouraging price drops so they make a quick commission.
What about refinancing?
Suppose one person will be awarded the house, but two people are on the mortgage. In that case, the person getting the house will have to refinance so as to allow the other person off the mortgage.
If you are getting divorced an refinancing might be in your future, then it can be a good idea to get all the info as soon as you can. Refinancing can be time consuming, and you don’t want surprises.
Are you getting divorced and you suspect your husband or wife is hiding money? Then you are not alone. Many people think their spouse has secret accounts, cryptocurreny, or piles of case hidden under a mattress.
If you are worried about hidden money in an Illinois divorce, here are some questions you might ask.[continue reading…]
Let’s say you’ve been been injured at work, or driving a car. If that’s the case, then you might sue someone for a personal injury, or maybe you have ea worker’s compensation case. If so, you might receive a large sum of money as damages. But will you have to split that with your spouse?[continue reading…]
There are so many things to worry about if you have a UCCJEA case. The UCCJEA, or Uniform Child Custody Jurisdiction and Enforcement Act, is the primary way that states of multiple courts determine in which state a child-related case should be heard.
If you have an Illinois UCCJEA case, make sure to . . .[continue reading…]
Need an order of protection in Illinois? If you think you do, then you should realize a couple things about orders of protection (or as some call them, “restraining orders”).[continue reading…]
Are you getting divorced and think you’re spouse might be spying on you? You might be right. As a divorce lawyer in Chicago, I see this all the time. I often tell my clients how to protect themselves. Sometimes they listen, sometimes they don’t. You might want to follow these tips if you think that your spouse is spying on you.[continue reading…]
I’m a divorce lawyer in Illinois. Specifically, areas such as Chicago, Skokie, Evanston, and Wilmette, and the Counties of Lake and DuPage. If you want to start a contested or uncontested divorce, then you should consider these 5 tips for choosing the best divorce lawyer.[continue reading…]
What is an actuary? And why would an actuary be involved in a divorce? As you may know, divorce sometimes involves complicated financial matters, such as splitting retirement accounts (see this article about that). Actuaries can help a great deal with splitting retirement accounts. This article explains a bit about why an actuary would be involved in a divorce. [continue reading…]
If you’ve already gotten divorced and now you are in a disagreement about how retirement should be divided, you’re probably annoyed your divorce is still impacting your life. But you can’t ignore post-decree retirement division disputes. That’s why I wrote this FAQ relating to retirement division litigation. [continue reading…]
If you are dividing a pension, 401k, or 403b, or deferred compensation plan in your divorce, then you will need a qualified domestic relations order, or QDRO (pronounced “KWAH-dro”). But people have many questions about QDROS, and I hope to answer some of them in this article. [continue reading…]
If your are getting divorce with kids in Illinois, then you’re probably thinking about “child custody.” But as of 2017, that’s a term no longer used in Illinois. It’s now called “allocation of parental responsibilities.” Per the Illinois Marriage and Dissolution of Marriage Act, there are various factors a judge is supposed to consider when making an “allocation” decision. As a divorce lawyer in Illinois, I’ve presented the factors in a FAQ format to help you better understand how a court will allocation parental responsibilities.[continue reading…]
If you have been served an order of protection, you are probably worried, and maybe scared. You should be. If you are subject to an Illinois order of protection there can be serious consequences to your personal and professional lives. This is an FAQ on what to do if you have been served with an order or protection.[continue reading…]
As a divorce lawyer in Illinois, I know that divorce stresses people out. Sometimes, getting more information can help reduce anxiety. I’ve written some articles about free consultations (like this one). And while I generally think free consultations are counter-productive, I do have an alternative[continue reading…]
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. [continue reading…]
It’s summertime again. And for an Illinois divorce lawyer, that means it’s time for fake vacations that lead to interestate custody battles.
What happens is that a parenting claims to be taking the kids on vacation to another state – then they don’t come back! It’s sick, but it happens more than you might expect. And that leads to an interstate child custody battle involving the Uniform Interstate Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”).
If this has happened to you, there are steps you need to take NOW. If you wait, you are risking time with your kids in involvement in their lives.
If you are going to start a divorce in Illinois, and you expect there’s going to be some disagreement, you’re going to need to understand divorce dynamics to make the right decisions.
Divorce can evolve many trade-offs. Understanding them can help you make strategic decisions.
If you think you need to prepare to start a divorce in Illinois, you’re probably right. As a divorce lawyer in Illinois, I know that people are often curious about preparing to start a divorce. Unless is your divorce is one by agreement, then preparing in advance can be a good idea. You might be able to gain a strategic advantage if you prepare for your divorce before your spouse knows you’ve talked to a lawyer.
If you need to talk to a lawyer know, you can call our office at 312-554-5433. Or, check out this article about how to prepare for a divorce in Illinois. We represent clients in the counties of Cook, DuPage, and Lake, among others. [continue reading…]
There are some things you’ve got to know before filing for divorce.
As an Illinois divorce lawyer, I get calls from people who want to start a divorce, people in the middle of a divorce, and people who cannot wait for their divorce to end. They want to call me and get some answers that could solve their problems. If you want to start an Illinois divorce, you should read this article.[continue reading…]
As an Illinois divorce lawyer, sometimes help people get a prenuptial agreement. And unlike various garbage websites like LegalZoom and others, I actually consult with my client to create custom documents. Prenuptial agreements are very useful for some people. However, I noticed there are some common questions about prenuptial agreements in Illinois. So I wrote this FAQ about Illinois prenuptial agreements. [continue reading…]
If you are looking for a free divorce consultation, beware. You probably won’t get what you’re looking for – and if you do, you’re probably not looking for the right stuff.
As an Illinois divorce lawyer who handles uncontested and contested divorces, I get many calls from people asking for divorce consultations – and man people want a free consultation. That’s understandable. But some things that are understandable are still a bad idea.
Let me explain the myth of the free divorce consultation.[continue reading…]
As an Illinois divorce lawyer, it’s important to take note of major changed in the law. Beginning January 1, 2016, there term “custody” will not a legal term so far as the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”) is concerned. In other words, there will be no more “joint legal custody” or “sole legal custody.” Instead, parents will be allocated various rights in regards to children.
The movement away from the use of “custody” as a legal term is just one change of many in the new law. That’s why I wrote this article – to help people understand Illinois’ new divorce law as it relates to kids. [continue reading…]
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.[continue reading…]
If the other parent has run off with your kid, then you need to take action immediately. I have handled a number of these delicate child custody situations, and I treat them like a sting operation. If your child is taken by the other parent, there are some things you need to know.
When dealing with any Illinois child custody matter, emotions can run high. However, it’s necessary to play the long game, and to think strategically. Please check out the below article if your child has been take and you find yourself in an Illinois child custody emergency. [continue reading…]
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. [continue reading…]
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.[continue reading…]
If you want to get divorced in Illinois, then you might be searching the internet for tips on getting divorced. Your divorce might involve child custody, division of assets, and spousal maintenance (alimony). And of course, you want a good lawyer. There are lots of articles out there about finding the best divorce lawyer.
But has anyone come right out and said you should hire a lawyer because the color of that lawyer’s skin? Probably not. Until now.
Read on to find out why I think there are some great benefits to hiring a black lawyer. [continue reading…]
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.
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. [continue reading…]
If your child has been taken from some other state to Illinois – without your permission – then you are likely experiencing a child custody emergency. That being the case, you will need a lawyer with expertise in the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”). The UCCJEA is a “uniform law” that has been adopted by nearly every state.
The problem is that most lawyers have little to no useful familiarity with the UCCJEA – let alone familiarity with using it within the context of an emergency. But I do.
Furthermore, I was the winning appellant in my own UCCJEA case that was heard before the Michigan Supreme Court.[continue reading…]
If you are involved in a divorce in Illinois, you might wonder, “What is a deposition?” Long story short, it’s an interview of a party or witness that can be used in court. But as a divorce lawyer in Illinois, I know that people actually have many more questions about depositions. That’s why I wrote this FAQ about depositions in a divorce in Illinois. [continue reading…]
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. [continue reading…]
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. [continue reading…]
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. [continue reading…]
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. [continue reading…]
It’s unusual for a lawyer to talk about how to fire your lawyer. That’s why I’m writing this article.
Should you fire your lawyer? I don’t know. That’s for you to decide. To assist you in deciding I discuss reasons for firing a lawyer before discussing how to do it. [continue reading…]
Find a divorce lawyer in Illinois can be challenging. I know that many people are referred to lawyers by their friends and family, and sometimes by other lawyers.
But one thing I’ve found – from hiring lawyers myself – is that some referrals aren’t worth anything at all. [continue reading…]
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. [continue reading…]
Many people wonder if they can date while getting divorced. Others contact me and complain that their spouses are cheating on them.
That begs the question, does dating while getting divorce have any effect on the divorce? [continue reading…]
Many people have heard about a new “right of first refusal” provision that is taking effect on January 14, 2014. As an Illinois child custody lawyer, I find parents are often concerned about this issue. Too bad the new right of first refusal provision is a failure.
I wrote this article to provide a basic explanation of the law, and some commentary.
Long story short: the statute has no teeth and doesn’t go far enough in creating and protecting the right of first refusal in child custody and visitation situations. [continue reading…]
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.