Tag: uncontested divorce

  • FAQ: Flat fee uncontested divorce in Illinois

    FAQ: Flat fee uncontested divorce in Illinois

    You want to pay a flat fee for an uncontested divorce, but you don’t know where to start? You’ve come to the right place. You can text or call 312-554-5433 to get started now, or contact us here.

    You can also check out this FAQ on flat fee uncontested divorce in Illinois.

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  • Top 5 Gotchas: Uncontested Divorce Services

    Top 5 Gotchas: Uncontested Divorce Services

    Starting an uncontested divorce in Illinois can sometimes feel like a great weight was taken off your back. In fact, if you call or text us at 312-554-5433, or contact us online, you might have that feeling in a few minutes. But you might want to read this article for more info about a few “gotchas” you should watch out for when using any type of uncontested divorce service.

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  • Uncontested divorce: Don’t beat your head against the wall

    Uncontested divorce: Don’t beat your head against the wall

    An uncontested divorce in Illinois should be fast, and affordable. It shouldn’t feel like beating your head into the wall. As a flat fee uncontested divorce lawyer in Illinois, My goal is to make divorce as easy as possible.

    You can call or text us at 312-554-5433 to get started. Or read on.

    Sometimes people can avoid feeling like they are beating their head against a wall by avoiding the blow mistakes.

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  • 5 Tips for Uncontested Divorce

    Want an uncontested divorce in Illinois? Here are 5 tips that can help make it happen – or call 312-554-5433 to get started now. (more…)

  • FAQ: Fast and Affordable Uncontested Divorce in Illinois

    FAQ: Fast and Affordable Uncontested Divorce in Illinois

    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. (more…)

  • Need a lawyer for an Uncontested Divorce?

    Need a lawyer for an Uncontested Divorce?

    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. (more…)

  • No-fault divorce in Illinois: what is it?

    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.

    Grounds for divorce in Illinois (more…)

  • Uncontested Divorce: important information

    Interested in an uncontested divorce in Illinois? If yes, you are like many people getting divorced. If you are ready to get started, and contact me, uncontested divorce lawyer David Wolkowitz. For a bit more information, here are some super brief points you should consider:

    What is an uncontested divorce?

    The spouses must agree on everything. Assets, debts, kids visitation, child support, spousal maintenance (alimony), and so forth. If you are not in agreement on all those things, perhaps your divorce will not be very combative, but it cannot be completed as quickly as a totally uncontested divorce can be done. For more information about one of the more complicated aspects of an uncontested divorce, see my article, “Uncontested divorce and marital settlement agreements: the Home.” It is important to understand when an uncontested divorce probably will not work – for more about that, see my article, “Uncontested divorce: When won’t it work?

    How long does an uncontested divorce take?

    The principal determinant is how long the parties take to review the settlements draft by the lawyer. If that review is speedy, spouses can be divorced in less than a month.

    Can we use the same lawyer?

    Any lawyer who represents both parties in a divorce should retire immediately. However, many people get divorced while only one of them has a lawyer. For example, I might complete the settlement agreements according to terms agreed to by my client and the spouse. Then, the spouse can review those agreements, approve them, then the divorce can be finalized on those terms. See my article,  “Uncontested divorce: Can we use the same lawyer?” for more insight into this issue.

    What if my uncontested divorce becomes contested?

    If an uncontested matter becomes uncontested, then you can either give up, or fight. If I am representing a client in an uncontested divorce, and it becomes contested, that client can choose to have me represent him in the contested matter.

    How man times will I have to go to court for an uncontested divorce?

    In literally 99.9 percent of my uncontested divorce cases, there is only one court date. In very rare occasions, if the facts are very unique and the judge insists, there might be more than one court appearance. And most of the time, the only spouse require to appear is the one that files the case. But again, that is ultimately up to the judge.

    How can I get started?

    I make the process very simple. It is as follows:

    1. You agree to have me represent you
    2. I send you spreadsheets to fill out
    3. We talk briefly
    4. I draft your agreements
    5. I send you agreements to approve, if necessary, I make changes
    6. Your spouse reviews, then approves
    7. I file everything in court, then the divorce is finalized about 2 weeks later when we appear at a “prove-up”

    For an uncontested divorce contact me, Chicago family law attorney David Wolkowitz. I also wrong a longer article on uncontested divorce titled, “Uncontested divorce in Illinois: FAQ.”

  • 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 & 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.

    1. 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.
    2. 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.
    3. 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:
  • 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

  • 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.

     

  • 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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  • 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.
  • 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…)