The Wolkowitz Law Office

Tag: schaumburg divorce attorney

  • Child custody in Illinois: evidence basics

    As a Chicago divorce lawyer, I tell clients that in a child custody case, most decisions will be made according to the child’s “best interests,” pursuant to Section 601 of the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”). Therefore, in a child custody matter, a parent’s lawyer needs to apply the law to the sometimes confusing facts of a case.

    Evidence in a child custody case in Illinois

    Parents in a child custody case can be overwhelmed with evidence, or potential evidence. Part of the challenge is to determine what evidence is relevant, and what is not. It’s not productive to spend time on worrying about gathering evidence that would not be meaningful to a judge. Also, as I wrote in my article “Illinois child custody: Liars common, but not invincible,” lying in child custody cases is commonplace – proper evidence can be effective in defeating lies.

    Evidence in a child custody case may include:

    • testimony from parents and others
    • social media websites (Facebook, etc)
    • photographs
    • videos
    • emails
    • text messages
    • psychological reports

    Getting organized

    Parents in a child custody case are rightfully concerned about the cost of the case. To minimize costs, it is important to use a lawyer efficiently.

    When I help a parent gather evidence for an Illinois child custody case, I like to help the parent understand how to organize the evidence, and how to communicate its relevance. As a Chicago child custody lawyer, I know that my clients benefit when I spend less time sorting through mounds of evidence, and more time determining how to best utilize that evidence.

    Keeping the goal in mind

    In a child custody case, the major topics of disagreement are legal custody and parenting time. You will want to gather evidence that is useful for the goal you are trying to achieve.

    Legal custody: Legal custody requires a determination of whether parents will have joint legal custody, or if one will have sole legal custody. Whether a parent has joint or sole custody does not determine how much time the child spends with each parent.

    Parenting time (visitation): One parent may have sole legal custody, but a child still might spend equal time with both parents. Or, parents might share joint legal custody, but the child may spend 80% of his or her time with one parent.

     

  • 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.

     

  • 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“

  • 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 a Schaumburg Divorce Attorney

    Do you need a family law attorney in Schaumburg?

    Let’s meet in Schaumburg, in the evening, on weekends . . . whenever. Dealing with your Schaumburg divorce attorney should not be the most difficult part of your divorce. (more…)