Divorce & Custody
"Sadness," "Anger," "Frustration," "Stress" – are all common emotions you may experience during divorce or custody litigation. Throughout this difficult process, you need more than an attorney that understands the law. You need a reliable, compassionate, and attentive attorney who will fight for and protect your rights. Whether or not you have children or a large or small marital estate, our attorneys will provide you effective and efficient legal representation.
Unlike other law firms, our focus is on protecting women’s and family’s rights. We always treat our clients with the respect and personal attention you deserve. We listen to your needs and strive to reach your goals. Our practice is to walk you through the divorce and custody process, explain all relevant legal terms, and respond to the individual needs of your case. We accomplish this by our commitment to the belief that attorney–client relationships are enhanced through frequent communications with our clients about the direction of your case and the nature of the costs.
Divorce and custody issues can be complex and take time to resolve. For example, in a custody case, legal issues can arise until the children reach the age of majority or become emancipated. Accordingly, we seek to establish a long–term relationship with you to best understand and meet your legal needs.
Please contact us for a complimentary initial consultation. Our Family Law areas of practice include:
- Divorce
- Custody
- Visitation
- Child Support
- Grandparent's Rights
- Maintenance/Alimony
- Post Decree
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- Child Support Enforcement or modification
- Custody modification
- Prenuptial and Postnuptial Agreements
- Mediation
- Alternative Family Mediation and Separation
- Pre–Divorce Planning
Frequently Asked Questions
How long will my divorce take?
It depends. The time frame for a divorce is very difficult to determine. You should be cautious of any attorney who claims to know the answer. The length of a divorce depends on your particular situation. There are many factors impacting the length of a divorce. Some examples are:
- the degree to which you and your spouse agree on issues;
- the cooperation between you and your spouse; or
- the court schedule in a particular county.
In circumstances where both spouses agree on every issue, typically the divorce can be completed in a few weeks. If the parties cannot agree on issues, such as custody and property distribution, typically a divorce can take at least a year or more. If there are issues involving concealed or hidden assets, a divorce can take as long as several years to complete
How much will my divorce cost?
We take pride in the quality of our work and in our ability to keep our fees reasonable and competitive in the Chicago metro area. We provide experienced and aggressive attorneys of the highest quality. Our firm does not operate a "volume" practice where you are just another file. We focus on the individual needs of each and every client. As a result, we will not be your least expensive option for a divorce attorney nor will we be your most expensive. Instead, we offer our clients quality for the best value.
How much will an uncontested divorce cost?
An uncontested divorce is a divorce where both spouses agree on all the terms of the divorce relating to property, child custody, child visitation, child support, alimony, or debts and do not require the court to divide property or make a determination regarding custody, visitation and support.
Our job in an uncontested divorce is to implement the terms of your verbal agreement into a legally binding document and file it with the court.
The cost of an uncontested divorce typically ranges from $750 to $2,500, depending on the complexity of your agreement.
Do I have to pay all the attorneys' fees myself?
You may not have to pay for all the attorneys' fees. Under limited circumstances, courts permit fee shifting. "Fee shifting" is a concept whereby a court will shift the payment of legal fees from one spouse to the other when one spouse is better able to pay for the legal fees of an attorney than the other. For example, if you stayed home while your husband pursued his career for the last 10 years, a court may order your husband to pay some or all of your attorneys' fees. We are extremely sensitive to the financial disparities faced by women in divorce and custody cases. For this reason, we work hard to maintain very reasonable legal fees while providing the highest quality of legal representation.
What if my spouse is hiding money, income, or assets?
If your spouse is hiding money, income or assets, we will work with you to uncover the hidden money, income or assets using all means legally available. Finding hidden money, income or assets sometimes requires sending subpoenas to employers, businesses, banks, and close friends or relatives of a spouse. When appropriate, we will work with forensic accountants, private investigators and other professionals to help trace and locate the hidden money, income or assets.
Will I lose everything to my spouse?
No, you will not lose everything to your spouse. In Illinois, courts will attempt to divide the property of both spouses equitably. To be fair, the courts will look at numerous factors such as the potential earning power of each spouse, the length of the marriage, and the assets each spouse brought into the marriage in determining the division of the property. Courts attempt to reach divorce agreements that are fair. Our attorneys are skilled at preparing and presenting the evidence in a unique manner to ensure that you obtain your fair and equitable share of any property division
If our largest asset is a business, who will get it?
It is a very common issue, particularly for women, where the family's greatest or most valuable asset is a business. Where a business is a marital asset, we hire business appraisers, valuation experts, accountants and other professionals to determine the true value of a business to protect your interests. You should not rely on your spouse's assertion of the value of a business until you have obtained a valuation from a neutral professional.
Will I have to pay alimony (i.e. support or maintenance)?
It depends. Once we learn the unique facts of your situation, we can provide you with a better assessment on the alimony issue. Alimony is also referred to as "spousal support" or "maintenance."
Alimony will be an issue if one spouse earns substantially more than the other spouse. A court will look at your unique facts to determine whether or not your spouse will be ordered to pay alimony. Some of these factors include:
- the income and property of each spouse;
- the needs of each spouse;
- the present and future earning capacity of the spouse seeking support;
- the standard of living established during the marriage; and
- the length of the marriage.
Will an extramarital affair have an impact on my divorce?
Illinois is what is called a "no-fault" divorce state. This means that courts in Illinois will not consider whether a spouse is having an extramarital affair when it comes to the distribution of property. However, an affair can impact how child custody is determined. When an affair is part of the facts in a case, we work diligently with our clients to obtain child custody arrangements designed to protect the child's physical and psychological well being.
How does a court determine who will receive custody of a child?
Illinois law (750 ILCS 5⁄602) outlines the factors courts should consider when determining who will receive custody of a child. Illinois law requires courts to focus on "the best interest of the child" and not the best interest of the parent(s). Factors used to determine the best interest of the child includes:
- the wishes of the child's parent(s) as to the child's custody;
- the wishes of the child as to the child's custodian;
- the interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest;
- the child's adjustment to child's home, school and community;
- The mental and physical health of all individuals involved;
- The physical violence or threat by the child's potential custodian, whether directed against the child or someone else;
- the occurrence of ongoing abuse, whether directed against the child or someone else; and
- the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
Other factors considered by the courts include:
- the sufficiency and stability of the parties' homes and surroundings;
- the interaction and relationship of the child to his parent and the child's adjustment to his home;
- the relative economic positions of the parties; or
- whether a party is current with child support obligations.
If I have joint custody, do I have to pay for child support?
In most custody cases, the child or children end up living with one parent. The parent with primary care over the child is entitled to child support. The minimum amount of child support is set by Illinois law. If you are the primary caretaker or custodial parent of a child or children, you are entitled to child support.
Will I have to pay for college?
Often, child support agreements will include expenses for college or higher education. We believe higher education payments to be of the upmost importance in child support agreements.
How does separation or divorce happen for non-traditional or alternative families?
Separation and⁄or divorce for non–traditional or alternative families is more complicated than for traditional families and partners because the law has not caught up to the challenges faced by these families. Proper planning through prenuptial agreements and estate planning can reduce the strain of divorce and⁄–or separation, but not everyone can plan ahead for a possible separation. When these aren’t available there are other legal options that greatly depend on your unique circumstances. We want to help advance this area of law and are eager to discuss your legal options with you.
What is the effect of my divorce on my estate plan?
The impact will vary widely depending on the type of estate plan you have. We encourage all of our clients to address this issue immediately following (and sometimes during) their divorce in order to protect themselves and their loved ones.
Does your firm represent men also?
Although our practice is focused on defending women's rights, we also provide the same attention and service to men. Our law practice was established to help reduce inequality experienced by gender differences. We do not feel this goal would be properly promoted by limiting our practice solely to women.
I read all the Q&As and I have more questions. What's next?
Don't hesitate to contact us with your questions and concerns, so we may review your unique situation. We understand how complex and confusing this can be at times, so we'll guide you through every step.
Other Areas of Practice
Prenuptial Agreements
Prenuptial agreements can be an important way to protect yourself and your spouse. Considering that in the United States roughly 50% of all marriages end in divorce, a prenuptial agreement is more likely to be useful than almost any insurance policy you may have. A well written prenuptial agreement can not only protect you and your assets, but it can also dramatically reduce the expense and turmoil associated with a future divorce.
Grandparent's Rights
We also represent grandparents seeking visitation and custody rights with their grandchildren. The law in Illinois regarding grandparents' rights has changed dramatically over the last few years. Currently, grandparents do, in certain circumstances, have custody and visitation rights with respect to their grandchildren. Please call for a free consultation with one of our attorneys to discuss your potential visitation and custody rights.
