FAQ's

FREQUENTLY ASKED QUESTIONS

1) How will I be charged for your services?

A Retainer Agreement will be prepared. This is a contract between you and your attorney for legal services. A "retainer" will be required when you sign the Agreement. The amount will vary depending upon the complexity of the case. The contract will establish the hourly rate for services performed. If the retainer is not used completely, the balance will be refunded to you.

2) Can I meet with you after work or on Saturdays?

I frequently meet with clients in the evening or on Saturdays.

3) Can I force my spouse to move out of the marital residence?

No, unless he or she has been physically abusive or if by remaining under the same roof, your physical or mental well-being is jeopardized.

4) My spouse and I have worked everything out, can we use one attorney?

A dissolution of marriage is an adversary proceeding. An attorney can only represent one of the parties, however the other party can represent himself or herself. You and your spouse can decide who will file the case and act as the "Petitioner". That party can retain an attorney, who will prepare the pleadings, Marital Settlement Agreement and Judgment. The other spouse can review the documents himself or herself or consult with another attorney.

5) What is a Marital Settlement Agreement?

This is the final work product if the case is settled. It is a contract between you and your spouse which sets forth in writing your obligations and those of your spouse. It covers every aspect of your case including property division, maintenance, custody, child support and debt allocation.

6) What is maintenance?

Maintenance is what used to be known as alimony. It is spousal support. Whether you will receive maintenance depends upon the facts of each case. There is no formula for maintenance.

7) I have heard that there are guidelines for child support. What are they?

The minimum Illinois guidelines are as follows:

Bear in mind that this percentage is taken off the net income. Although the statute says "minimum", the courts rarely deviate.

8) Can child support be a percentage so that I do not have to come back to support?

No. Child support must be established as a dollar amount, however there are situations where you can establish a percentage. An example is where the paying spouse has a base salary plus receives bonuses or commissions. You can set a dollar amount plus the appropriate percentage of his or her commission or bonus.

9) What can be modified after I am divorced?

Child support can be modified if there is a substantial change in circumstances. Likewise visitation is always modifiable. Child custody cannot be modified for two years unless there is reason to believe that the child's present environment may seriously endanger his or her physical, mental, moral or emotional health.

Maintenance may be modifiable depending upon the language of the Judgment.

10) What is the difference between sole custody and joint custody?

Regardless of what you call your custodial arrangement, a child will generally spend more time with one parent. It is a rare case where the child or children spend equal time with each parent. Sole custody gives one parent the right to control major and day-to-day decisions. The non-custodial parent has visitation. In joint custody arrangements, there is a Joint Parenting Agreement which establishes parenting rules. The parents jointly make major decisions. Day-to- day decisions are made by the parent who has the child in his or her possession. The child will generally spend more time with one parent. A parenting schedule is established. Any disputes related to the agreement must be mediated before filing a Petition in court.

11) Can the husband ever win in a contested custody fight?

Custody is determined based upon the child's "best interests". The court considers many factors which include the mental and physical health of the parents, any physical abuse, the interaction and interrelation between the parent and the child. Both genders are on equal footing. What is important is behavior and activities before the divorce case is filed.

12) Can I date while the proceedings are pending?

Yes, provided that you use discretion. If you have no children, dating is acceptable, however do not spend marital funds on your new friend. If you have children, do not involve your children with your new friend. You can arrange your social activities when your children are with your spouse.

13) What is the mediation/evaluation process when custody or visitation is disputed?

The first step is the appointment of a mediator. He or she is a trained professional who will attempt to facilitate an agreement between you and your spouse. They will not be a witness for either party. If you do not reach an agreement, an evaluator is appointed. An evaluator is a psychologist who will perform tests and have sessions with the parties and the children. He or she will prepare a report and make a recommendation.

14) Can I make my spouse pay my attorney's fees?

Remember that attorney's fees for both parties are paid from the same pool of marital resources.

15) Will you handle my case or will I be assigned another attorney?

I am a sole practitioner. I will be at every court appearance and will be available to personally answer your questions.