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…)
Tag: best chicago divorce attorney
-
Bigamy: In Illinois, it’s not just a thing of the past
Many people think that bigamy is a thing of the past. Most people can barely handle one spouse – why would anyone want more? If you need help with bigamy, contact me, Chicago divorce lawyer David Wolkowitz – I might be able to help.
Causes of Bigamy
There are a couple reasons bigamists could be married to more than one person. They include:
- It’s a con: Bigamists might just be out to scam people out of their money and stuff. Some bigamists aren’t out for financial gain, but they lie about not being married so they can get married again.
- Stupidity or confusion: Some people are stupid. Some of those stupid people get married, think they are divorced, but aren’t. Then they get married again. This is becoming more popular due to increased immigration. For example, a person is married in Poland, immigrates to the United States, then tries to divorce the spouse in Poland – but the divorce never goes through.
The Illinois law on bigamy
Section 212 of the Illinois Marriage and Dissolution of Marriage Act addresses bigamy, or “Prohibited Marriage.” It prohibits ”a marriage entered into prior to the dissolution of an earlier marriage of one of the parties” is prohibited (750 ILCS 5/212 (a)). In other words, it prohibits bigamy.
The remedy to a bigamous marriage can be found in Section 301 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/301). To end a bigamous marriage, a court must enter an order declaring the marriage invalid; this was formally known as an annulment. A victim of bigamy would file a Petition for the Declaration of Invalidity of Marriage with the court, and procuring an order of invalidity would most likely be a simple matter or proving the bigamist was married at the time of the marriage the victim is not seeking to have declared invalid.
Dealing with bigamy in Illinois with a Chicago divorce lawyer
Bigamy is a serious harm to its victims. But, ending a bigamous marriage can be relatively simple because there often simply isn’t much to debate: it’s wrong, and it must end. However, if there are children involved, there may be complicated child custody matters to sort out. Further, bigamy can have an impact on who will inherit what should any of the spouses die during the bigamous marriages.
-
How to Get more Child support
Many people contact me stating that they want to get more child support in Illinois. If you have a child support order in place, to get an increase you must file a petition to modify support. As a Chicago family law attorney, I might be able to help – contact me for a consultation.
Please consider the points if you are interested in increasing your child support:
Substantial change in circumstances required: The law regarding support modification requires there to be a substantial change of circumstances after the date of the last support order for support to be modified. For the most part, that means the judge must find the “net income” of the child support payor has significantly increased.
When the payor’s “net income” increased, but child’s needs remain the same: Though historically Illinois courts required both an increase in the payor’s net income and a showing that the child’s needs have increased, currently court’s often award an increase in support even without a showing that the child’s needs have increased. In other words, child support might increase simply because the payor is earning more – even if the child needs have not increased.
-
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…)
-
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“
-
Child custody emergencies: act quickly
If you have an Illinois child custody emergency, you may need to act quickly.
Consider the situation encountered by one of my colleagues. He received a very distressing telephone call from a mother in child custody dispute. She was in an absolute panic. “They’re going to take away my two girls,” she said.
She felt there was clear evidence that the father was abusing the children, but she couldn’t make her case in court.
She tried her best to explain her situation between bursts of tears. The father had hired an attorney and the mother did not. She said there was a court hearing in only a half hour, and it was about whether the mother would be jailed for disobeying a court order by keeping her children from their father. According to the mother, she had good reason to keep the girls away from their father. But now, she was in hot water – even though she wanted to protect her children.
She needed a lawyer to help her make her case to the judge that she was justified in disobeying the court order. But by the time she realized she needed help, it was too late.
If you are in an Illinois child custody dispute, it may very well be in your best interest to consult a Chicago divorce lawyer. While you understandably don’t want to waste money on at attorney, as the case just described shows, you could be setting yourself up for a major problem.
If you have an Illinois child custody emergency, please contact me, Chicago, Evanston and Schaumburg family law attorney David Wolkowitz; I may be able to help.
-
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. -
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.”
-
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…)