The Wolkowitz Law Office

Tag: cheap chicago divorce lawyer

  • 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.

    1. 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.
    2. 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.
    3. 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.
    4. 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.”
    5. 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.
    6. 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 .

     

  • 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

    Uncontested divorce: “Can we use the same lawyer?”

  • 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.

    peace sign for uncontested divorce in Illinois
    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.

     

  • 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“

  • 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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  • 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…)

  • 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 peace sign for uncontested divorce in Illinoisbecome 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:

    1. Child custody: Will parents share “joint legal custody,” so that they are both legal guardians?
    2. Children’s residence: Where will be the children’s official residence?
    3. Child support: How much child support will be paid? And to who?
    4. 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?
    5. Dividing debt: Marriages can be dissolved easier than debt. Who’s going to pay the bills?
    6. 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.

  • Court orders: Get them enforced!

    A party to a legal proceeding, including an Illinois family law dispute, can be found to be in contempt of court when he or she disobeys a court order.Illinois family law judge, Chicago divorce court judge

    If you are involved in an Illinois family law case and the other party is not obeying a court order, then you should take action to see that the court order is enforced. For instance, the other party may refuse to follow an order from visitation, may not be paying child support according to a court order, or may otherwise be in violation of an Illinois family law court order.

    The good news about seeking to have another party held in contempt of court is that, if the court finds the other party to be in contempt of court, the other party often has to pay your attorney fees. In other words, you can hire an attorney to get your court order enforced, and often the other person has to pay for it!

    If you are having problems getting the other parent to follow court orders, contact me – Chicago divorce lawyer David Wolkowitz. I may be able to help. Also, check out my post titled “The Crime of Visitation Interference in Illinois.”

  • 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…)