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.
(more…)Tag: evanston divorce attorney
-
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?”
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.
-
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: -
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.
-
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“
-
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. -
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.
-
Parent violating a visitation order? Don’t stand for it!
If the the other parent is violating a visitation order, you can take action to protect your rights to see your child. If you are having a problem with visitation interference, contact me, Chicago, Evanston and Schaumburg child custody lawyer David Wolkowitz. I may be able to help. Further, you might want to see my previous posts entitled “Court orders: Get them enforced!” and “The crime of visitation interference in Illinois.”
There are several things you should know about the violation of a visitation order:
Future violations:
If you have reason to believe the other parent is going to violate an order in the future, you can have your lawyer file a “motion to compel.” A motion to compel is essentially an order in which the court restates that the other parent should follow a previous court order. For instance, you have visitation with your child next weekend, and the other parent emails you “I’m going to take our child out of town next weekend and there is nothing you can do about it,” that would be sufficient justification for filing a motion to compel. In order words, since the other parent threatened not to follow an order, you may be able to get a court order which essentially repeats the a previous order must be followed. Why the redundancy? If the other parent violates the order even after a motion to compel, then court will probably take an extra-harsh view of the violation.
Contempt of court for violating a court order:
When judges issue court orders, they expect them to be followed. When parties don’t follow court orders, the judges get mad. And when judges get mad, the parent that has violated the order can be punished.
If any court order is violated, including a visitation order, a lawyer can attempt to have the violating party held in contempt of court. For instance, if a court order designates that on a certain holiday the child is to be with Mom, but Dad refuses to turn over the child, then the court could hold Dad in contempt.
The good news is that if someone is held in contempt of court, the court can require that person to pay the attorney’s fees the innocent parent incurred in trying to enforce the court order. In other words, the person who violated the court order can be made to pay the bill of the parent trying to enforce the order.
For a more detailed explanation of contempt of court, you may wish to read my post “Court orders: Get them enforced!.”
Visitation interference in Illinois:
Previously, I wrote a post titled “The crime of visitation interference in Illinois.” Some lawyers like to publicize the fact that interfering with visitation can be a crime in Illinois. But as I noted in my post, it is difficult to have a parent prosecuted for that crime.
Instead, a parent who has had his or her visitation interfered with can file a petition for a finding of unlawful visitation interference. At it’s most basic, visitation interference where one parent consistently and habitually deprives or obstructs the other parent’s parenting time.
What to do if an Illinois child visitation order is being violated:
The best thing to do if you are having problems with your visitation is to contact me, Illinois child visitation lawyer David Wolkowitz. I will take a look at the facts of your case, and advise you regarding my preception of the strength of your case and the likely outcome.
Since I understand that it can be difficult to schedule time with a lawyer, it is possible for us to meet near your location, and I offer evening and weekend consultations. To find out more about how I meet with clients, you might view my posts titled “Yes, I’m a Schaumburg Divorce Attorney” or “Yes, I’m an Evanston Divorce Attorney!”
The violation of visitation orders and interference with visitation is serious. If either one is happening to you, it benefits you to act quickly. The longer you wait, the harder it will be to get the results you want.
-
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…)