Illinois Family Law

Nobody goes into marriage wanting to get divorced. And if you have to get a divorce lawyer in Illinois someday, you will want things to go quickly and amicably if possible. Nobody wants to get divorced, have it take many years and cost tens or hundreds of thousands of dollars.

Unfortunately this does happen. It usually occurs because there are a lot of contentious case issues. You might be fighting over the value of a business, custody, visitation schedules or other marital assets like a 401k, bank accounts, houses, etc.

Other times a delay happens that is completely out of your control and sucks. There’s one big reason that happens in Illinois divorces and it’s shocking and shameful.

That reason is because your spouse’s attorney drags the case on. Sometimes they do it to try to milk a case for all that it’s worth. Sometimes they do it because they are lazy or incompetent. Sometimes they just have too much work to do and choose which cases to prioritize.

There’s one infamous Chicago divorce lawyer who does this a lot and a few firms that like to run up large bills in general. But this one in particular is awful. In fact, in a recent case we consulted on, a caller had a mostly uncontested Cook County divorce and we estimated the fee would be $2500.

We connected the caller with a lawyer who wanted to help. But once he learned that this scummy lawyer was representing the spouse, he said the case would likely cost $15,000. That’s because that gross attorney never returns phone calls, files tons of wasteful motions and continuously drags his feet.

So what should be a simple case is now a difficult one. And this caller has to come up with extra money to get the case started. It’s all very unfair.

Of course it could be your attorney who is dragging things out without need. There’s no way to know for sure if they will do that when you hire them. That’s one reason people come to us. We would never recommend those types of attorneys.

If you notice that the attorney you hired is delaying your case, you should confront them on it and fire them if you don’t get a good answer. Divorce cases can take years, but if you know you and your spouse agree on everything, it should go quickly.

We have helped thousands of people get through an Illinois divorce as painlessly as possible. If you have a case in the Chicagoland area and would like a referral to a great Illinois divorce attorney, please call us any time at 312-346-5320.

People contact us when they are looking for an Illinois attorney. Some are considering or pursuing a divorce and want to hire an experienced and reputable attorney to represent them. A question we hear often in those situations is, “Who gets the house?”

It makes sense that this would be on the minds of people about to divorce. Often the house or condo that the couple owns is their largest or most expensive asset.

If both spouses are on the title or it was bought during the marriage, it’s a marital asset. There are three options the divorcing spouses need to consider:

• Sell the house
• Co-own the house
• Agree to a buyout

Sell the House

If neither spouse wants the house, or they would not be able to afford it on their own, they can sell the house and split the profit. To get to that payout, however, there is typically a lot of work to be done. Finding a real estate agent, making repairs, and sprucing up the property involves a lot of work and money. Can the two parties do that work together or will just one spouse take that on?

Another factor to consider is the state of the real estate market. Is it a sellers’ market or are properties being listed for months before they sell?

The two parties will have to pay off the mortgage and any home equity loans. They need to prepare for the capital gains tax on the proceeds.

Co-Own the House

This is probably the least common outcome. We see this with spouses who have children and believe it is best for the kids to stay in the family home and not have to go between two houses or apartments. The divorced spouses either have separate housing and take turns staying at the family house with the children, or they live in different bedrooms/parts of the house.

This can be a permanent or temporary solution (e.g., in place for 2 years before revisiting the situation). Either way, the spouses remain tied to each other financially.

Agree to a Buyout

In this situation, one spouse wants to keep the house and the other agrees to move out and accept a buyout. The tricky part is determining what the fair amount is for the buyout and how that value is given to the spouse.

Sometimes other money or assets are given in a buyout. Sometimes payments are made over time. Occasionally, the spouse keeps the home as a form of lump-sum alimony.

When you and your spouse can’t agree on one of these three options, a Judge may decide for you and usually that will mean forcing a sale of the house.

Going through a divorce is obviously stressful. But having an experienced advocate in your corner who will help you through the process, including the big issue of who gets the house, will make the process easier. And in the long run, you will likely be better off financially than if you didn’t hire an attorney or if you hire one who isn’t good at their job.

For the best divorce attorney for your situation, contact us at 312-346-5320. We help with divorces in Cook County and the neighboring counties of Lake, DuPage, Kane and Will.

See also: Children of divorce can’t choose which parent they live with

In an ideal world, Illinois law would change so that every marriage would require a pre-nuptial agreement that would dictate the terms of divorce if a marriage doesn’t work out. It would save people a lot of money and heartache. Of course, that’s not the world we live in.

As a result, a lot of divorces in Illinois are nasty and contentious. That makes sense because when a relationship is ending, there are often a lot of bad feelings. Often people treat their husband/wife poorly because their feelings are hurt. One way we commonly see this is when one person makes a lot more money than the other or has control of the money.

The most typical way this happens is when one person works and the other stays at home to raise the kids. This was the scenario of a woman who called me recently and didn’t think she could afford a lawyer. She stayed at home while her husband worked a good union job making about $150,000.00 a year. He had emptied out their bank account and his 401k. She felt helpless.

The good news is that Illinois divorce law is written in a way that anticipates this type of power imbalance scenario. When one spouse makes significantly more than the other, you can file a motion that will ask the Judge to order them to pay your lawyer fees. It is usually filed right away and is commonly granted.

So you likely don’t have to worry about paying for a lawyer. It’s more likely that you’ll have to find a way to come up with an initial retainer fee and that’s it. After that, your spouse would be responsible for your attorney’s bill.

And if your spouse does something shady like emptying out a bank account or 401k, you can likely get that money back through a court order too. Judges do not look kindly on that type of behavior and they don’t usually reward people who are acting like bullies.

This is not to say that the divorce will be easy or stressful. It’s often not when you are dealing with someone who is mentally abusive. But we have found that when someone realizes they are going to have to pay for two lawyers, they realize they need to stop playing games or otherwise they will go broke.

The bottom line is that Illinois divorce law is mostly common sense and is designed to protect people who are not making the same money their soon to be ex is. So take a deep breath and know that options likely exist for you. And if you want a free consultation with an experienced lawyer, call us any time at 312-346-5320.

I was sent a link by someone who stumbled upon some “men’s rights” podcast that was discussing divorce. It was from some group that is trying to get rid of no-fault divorce. That’s just a fancy way of saying that they want to control their wives or leverage the divorce to avoid paying their spouse any money. It’s gross, but it’s not why I am writing this.

As happens a lot on podcasts or other online content, the speaker talked very authoritatively as if everything they were saying is correct. It’s a feature of a lot of these guys that allows them to lie in a way that politicians do.

The first thing this guy said that was wrong is that pre-nuptial agreements almost never get enforced. That’s totally not true. If it’s done correctly, the pre-nup is a valid contract. There are guidelines in Illinois such as it shouldn’t be completed in the days before the wedding and each side should have an opportunity to review it with a lawyer. But to say they never get enforced is total nonsense.

The second lie was that men never receive child support or custody. Again this is total bullshit. Custody is based on the best interests of the child. Traditionally men worked and women stayed at home so women had a better chance of getting custody since they would be around. Times have changed and both men and women have careers. People also work from home which has changed the ability to take care of children. If the man gets custody, which happens all the time, they will get child support.

This same podcaster also said that women never pay alimony. In Illinois it’s called maintenance and it’s not a gender based law. If a husband stayed at home or had a low paying job while the wife made great money, she’d have to pay maintenance to him. Again, it hasn’t traditionally happened, but times are changing and it does happen. Saying “never” is to try and piss off people who follow him.

This guy went to throw out fabricated stats that are easily searchable such as saying that men make up 97% of child support payors or that men get custody less than 2% of the time (it’s actually over 20% nation wide and over 30% in many states). These trends will only continue to increase and become more even as they have been doing every year.

This podcaster isn’t a lawyer and shouldn’t be giving out legal advice. Maybe he had a bad experience. More likely it’s just part of a grift to help him make money. Whatever the situation, your case is unique and if you want to know where you stand, talk to a lawyer. You can do that for free with us any time.

Recently a friend called me asking for a divorce attorney referral for his brother. Unfortunately the brother is in another state so I couldn’t help. We only handle family law cases in the Chicago area. I couldn’t help him, but gave the brother some guidance on questions to ask before hiring an attorney. These questions are helpful for anyone looking to speak with a Chicago divorce attorney.

1. What is the retainer fee? If a lawyer wants $5,000 and you only have $1500, that attorney isn’t going to work with you. Retainers are payment plans and every lawyer wants that retainer amount paid in full, up front, before they do anything.
2. How long will the retainer fee last? You might be excited that a lawyer has a low retainer fee, but some will do that to just get your money and get you in the door. If they are going to be asking for money in three weeks and you won’t have it, they’ll potentially drop you.
3. Who is going to work on my case? There’s a law firm in Chicago that is potentially in big trouble for having multiple lawyers and staff members bill (over bill) on pretty basic cases. Most cases require just one lawyer and maybe one support person. Either way, you want to know who you will be hiring and primarily working with. You don’t want to think you are hiring a lawyer with 25 years of experience and end up with a young attorney just out of law school.
4. What will I be billed for? They should bill for talking to you, attending court, writing motions, talking to the other attorney, etc. They shouldn’t bill you for un-needed research, talking to co-workers about your case, etc.
5. What time increments do you bill in? Believe it or not some firms will bill you 15-30 minutes of time for reading an email from you that took them less than a minute to read. Others will charge an hour of time for a five minute court appearance. This is why we tell people not to worry about the retainer cost as much as hiring an honest law firm. Which leads to my next question to ask.
6. What is the estimated cost for my case? They can’t tell you for sure because your spouse could make a case drag on. That said, if you know it will be amicable or there’s really only one issue to fight over, they should be able to give you an estimate. They should at least be able to give you a range.
7. When will the case be filed and when is the first court date? This will help you understand the process.
8. Will you be out of town or unavailable for an extended period in the next 12 months? I’ve seen cases where someone hired an attorney a couple of weeks before that lawyer got married and then was out of town for more than three weeks with wedding activities and a very long honeymoon. You should know that before you put your case in their hands.
9. When you are unavailable, who do I talk to? Who will work on my case? Hopefully this is self explanatory. If the answer is nobody I would be worried.
10. Who do I talk to when I call? Some firms essentially have paralegals or secretaries do all of the communication. That’s in my opinion not great. The lawyer will have other cases, but they should be able to speak to you when needed. That doesn’t mean every day or every call, but in general they should be available.
11. What is the best way to communicate with you? In my opinion, the best way is email or text for basic stuff and phone calls for something more urgent or serious with meetings before big court events. Either way, find out.
12. How often should I expect to hear from you? As stated, they have other cases and there is no reason for them to talk to you daily or weekly. But in most cases you should have at least monthly communication.
13. How often will I be billed? My recommendation is to ask for monthly invoices so you can track what you are being charged for and don’t find yourself with a huge bill out of nowhere.
14. What do you know about my spouse’s attorney? They might not have one yet, but if they do, your lawyer should give you some insight on them.
15. What can you tell me about the Judge? This would be for cases already filed. If they have no idea about the Judge it’s a bad sign.
16. What am I not thinking about that I should? You can’t be expected to know what a lawyer knows. They should educate you at that first meeting.
17. What is a realistic outcome of my case? I like attorneys that are honest and direct. This gives them a chance to show that to you.
18. What percentage of your practice is divorce and family law? It doesn’t have to be 100%, but in my opinion it should be close to that.
19. What experience do you have with forensic accounting in your cases? This is if your divorce involves a business owned by either spouse. Properly valuing that business as well as searching for hidden money could be a big issue. If your lawyer usually deals with more basic divorces they are not the right attorney for you.
20. What can I do to help my situation? This is a good one for when you have kids and custody is an issue. Documenting all the things you do for them is helpful. There are many other things you can do to increase your chances of success. What those are depends on the case issues.

I hope these tips help. Nothing guarantees a good result in your case, but having an attorney who does a good job really increases your chances of success. If you would like a recommendation of an attorney that we feel would do a good job for you, please call us at 312-346-5320 any time.

See also: Ask A Chicago Lawyer Questions For Free

About once a week, we get a phone call from someone who is divorced and needs a qualified domestic relief order (QDRO) completed. In plain English, it’s a legal document that divides up retirement funds between the two spouses. It essentially gives you your share of a 401k for the amount that was accumulated during a marriage.

Even if a spouse isn’t retiring when you get divorced, a QDRO can be completed and entered into court when you get divorced. And it should be completed then. It’s a lot of paperwork and if you don’t know what you are doing it can be complicated. So even though it should be done during the divorce, a lot of lazy Illinois divorce attorneys simply aren’t doing it.

Typically a QDRO is filed by the spouse not on the benefits. So if you are a husband whose wife gets a 401k through her work, you’d want to file it. If you are a wife whose husband has a 401k, then the burden would be on you.

Why so many divorce attorneys don’t do their job is beyond me. I think it’s because so many lawyers who take on divorces don’t actually handle cases that are beyond simple. They likely handle divorce and traffic and car accidents and write wills and do almost anything that comes through the door.

What ends up happening is years later you have to hire a different lawyer to finish the job. That will cost you more money than it should.

Now some may say that it’s not a big deal, they’ll deal with it when they have to. But there are a couple of problems with that:

1. You risk your ex bleeding those funds dry without a court order. That could literally cost you hundreds of thousands of dollars.
2. Most real family law and divorce attorneys don’t want to do QDRO’s if it’s not a case they are handling for an existing client. They know that it’s something the first attorney should have done and because they aren’t really enjoyable, a lot of them just refuse to clean up someone else’s mess.

The good news is that we do know some very good attorneys who will do this work. It can be frustrating for you as you will have to shell out money to get money that you are entitled to. But when your first attorney didn’t do the job (or you went without a lawyer and didn’t have a QDRO done), you really have no choice.

If you are in the Chicago area and want help getting a QDRO completed, entered and approved by the Courts, please call us any time at 312-346-5320.

A really nice guy who was going through a tough marital breakup called me looking for a Chicago divorce attorney referral. It was a typical situation where the marriage had run its course. He and his wife both have decent jobs and the biggest issue in the case is custody of their two kids and child support.

Based on his location and specific needs (including cost and some other personal requests) I recommended a very experienced, male divorce attorney in Chicago. After I described him and he agreed it sounded like a great fit, he said he’d call him. The process is typically to call the attorney, get a free consultation and see if it’s the right fit. But before he did that, he had a question. Here’s what he said:

I was told that it’s better to have a female attorney for divorce and custody if you are a man. Is that true?

Now we know and recommend a lot of great female family law attorneys in the Chicago area. Who we recommend will depend on your case facts and desires. There’s nothing wrong with being more comfortable with a male attorney or female attorney.

In this case though, and most where I hear something like this, he didn’t care what gender his lawyer was. He was asking because he had heard that it would help his case.

This is a common myth not based in reality. When I asked him if a lawyer had told him that, I knew the answer would be no. It was of course some well meaning friends who were telling them what they thought based on whatever perceptions they have.

There are more than 50 family law Judges in Cook County. Are there some that seem biased in favor of women or men? Sure, that’s just a numbers game. But by far the great majority of them could care less and aren’t going to award you custody or parenting time because you are working with a woman (or a man).

No Judge is going to think you are good person because you are working with someone of the opposite sex. They have hundreds of cases on their docket and just want to get through them. What they really want to see are experienced, prepared lawyers in their courtroom and respectful parties.

Judges can’t be gamed and while, like we said, some might have inherent biases, most really do listen the case facts and make rulings based on the evidence in front of them. There is nothing in the law that gives Moms more rights than Dads or Dads more rights than Moms. Custody is decided on the best interests of the child when the parents can’t work things out themselves.

Bottom line is that you should get the best attorney for you. If you feel more comfortable with a man or a woman, that’s great. But most importantly, make sure they know what they are doing and will fight for you. If you’d like a recommendation from us, please call any time to speak with a lawyer for free at 312-346-5320.

It’s the time of year that people in bad marriages start to think about divorce. Sometimes it’s because around the holidays people take inventory of their life and don’t like where the are. Sometimes being in close quarters with the cold weather pushes people over the edge.  Other times it’s a new year and they want a new life. For some the kids are old enough or out of the house. The reasons go on and on and the reality is that whatever reason you choose is fine.

It takes courage to file for divorce.  Some people are too embarrassed to do so or can’t see another life. Economically it can definitely be a challenge for a lot of people. If you can barely afford one apartment, how can you afford two between the two of you?

I’m not here to tell you to get divorced or not. That’s something you need to decide. What I can tell you is that I’ve learned a few things about it over the years and that a divorce in Illinois can be a good thing.

First off, divorce doesn’t mean failure, but instead means that the relationship has run its course. While your ideal situation might have been to stay married forever, if you were in a good relationship for ten years, produced children you love, etc., that can be a successful relationship whose time just ended. There is nothing to be ashamed about that.

Second, things will get better.  If you are thinking about divorce, you probably aren’t in a great situation, but the heartbreak of divorce or the stress of it, especially if there are kids, can be too much to think about. It very likely will be hard at first, but eventually you will realize that it’s starting to get better.

Third, for so many people I know, not only does it get better, but they are so much happier five years from when they started. It’s not a time in your life you can likely envision, but you should.  The things you hated about your marriage will likely be gone and for many people they are ready for a new, better relationship and able to find it. They know what they want and don’t want and are able to make better choices for themselves.

These three things might not sound like much right now or you may think your situation is different and you may be right. Nobody goes through a divorce and thinks that it was an awesome experience, but lots of people who can’t picture their life in 5-10 years right now will look back some day and wish that they could have given themselves a pep talk.

Bonus thought. Therapy is really beneficial when you are in this type of situation whether you go forward with a break up or not.

And if you’d like to ask a lawyer questions for free and in confidence, contact us any time at 312-346-5320.

Getting a divorce in Illinois can be very stressful, not only because of the emotions involved, but also because of the unfamiliar legal terminology and issues that arise throughout the process. Commonly asked questions by people starting the divorce process are, “What exactly is spousal maintenance? How does it work?”

Spousal maintenance is financial assistance (money) that one spouse is ordered by the court to pay to the other spouse after a divorce. You’ve probably heard it referred to as alimony, but in Illinois it’s called maintenance.

While two people are married, it is assumed that they share their wages and support each other. In most cases, one spouse’s income is greater than the income of the other. The other spouse may work full-time at a lower-paying job, work part-time, or take care of the children and not have a job outside the home.

With spousal maintenance, the spouse who earns the higher income often must make payments to the spouse who earns the lower (or no) income so that he/she can be at a similar standard of living as to when the couple was married. When both spouses work and have similar incomes, spousal maintenance may not be called for.

The next step is to determine the amount and duration of spousal maintenance. The primary factors considered are: 1) the spouses’ income levels and standard of living; 2) the earning potential of both spouses; and 3) how long the couple has been married.

For example, let’s say there are two couples, Couple A and Couple B. Both couples have one spouse that works full time and the other is a stay-at-home parent. The income for Couple A is $150,000/year, and the income for Couple B is $50,000/year. If all else is equal, the stay-at-home parent in Couple A will get a higher amount of spousal maintenance than the stay-at-home parent in Couple B.

However, if the income levels of both couples are similar, and the stay-at-home parent in Couple A has a master’s degree, and the stay-at-home parent in Couple B only has a high school diploma, the stay-at-home parent in Couple A has the potential to get a higher-paying job. Therefore, he/she will get spousal maintenance for a shorter duration than the stay-at-home parent in Couple B.

Finally, how long the marriage has lasted influences the amount and duration of spousal maintenance. If all else is equal, and Couple A has been married for 18 years and Couple B has been married for 2 years, spousal maintenance will be higher in Couple A. In fact, the judge may not award any spousal maintenance in the case of Couple B because of the short length of their marriage.  It’s to maintain a lifestyle you’ve grown accustomed to and that’s hard to do in two years.

Every couple’s situation is unique. If you’d like to confidentially discuss divorce or spousal maintenance with an attorney for free, please call us any time at 312-346-5320.

With Thanksgiving having just passed and the New Year almost upon us, it’s a time for goal setting. For many people this means they want to get out of their unhappy marriage and think about divorce.  January is traditionally the most popular month for divorce filings.

Of course to file for divorce you have to be ready, both emotionally and financially. If you aren’t working, it’s not uncommon to be nervous about proceeding with a divorce.

Stay-at-home moms in Chicago provide so much value to their families. Taking care of children requires a lot of work: grocery shopping, food preparation and cleanup; transporting the kids to school and their activities in sun, rain, and snow; helping them with their homework, etc. Of course, being a stay-at-home mom often goes beyond taking care of the children. Many clean and maintain the house, do the laundry for the whole family, take care of the finances, run errands, take care of the cars, do some gardening and yard work, and the list goes on.

Various companies have tried over the years to assign a dollar amount to the value stay-at-home moms provide to their families. In May 2021, Insure.com said that a mom should earn about $116,022 for the many jobs she must tackle every day. Meanwhile, Salary.com in 2019 estimated the figure at $178,201.

It’s clear that stay-at-homes add a great deal of value to the family. The reality is though, that moms do not get a paycheck for their work. And sadly, when a couple has decided to get a divorce, a stay-at-home mom might feel like she is at a huge disadvantage in the legal arena. Perhaps she doesn’t feel like she can hire or pay for a high-powered, experienced attorney like her husband can. Perhaps she is worried about “wasting” money on legal bills when the higher priorities in her mind are saving money for her and the children’s future needs.

The good news is that when one party in a divorce earns all the money, the other party (i.e., stay-at-home mom) can get a court order to have the breadwinner pay her legal fees. She doesn’t have to let her husband’s attorney “work things out for the both of them.” That attorney will not have her best interests at heart. She doesn’t have to settle for average or below-average legal representation, either. She can hire a reputable, experienced lawyer who can go toe to toe with her husband’s attorney because, again, the court order can require her husband to pay her legal bills.

There is no guarantee this will happen, but typically the first thing your lawyer will do is file a motion for lawyer fees. In the alternative, if you have access to bank accounts, you can almost always take that money to pay for a retainer. Beyond, that you can expect additional compensation while the case is going on in the form of temporary maintenance (often thought of as alimony) and/or child support.

Some other tips for stay-at-home moms who might be getting a divorce include gathering financial information (e.g., tax returns, investment account balances and holdings, retirement savings), documenting exactly what she does on a daily basis to take care of the children and the family as a whole, and documenting the expenses she incurs on a weekly or monthly basis.

But don’t feel overwhelmed. It’s never an easy process at first and consulting with a lawyer doesn’t mean a divorce is happening. What it would mean is that you are finding out your rights and obligations and able to get a game plan together. Then you can make an educated decision as to what you want to do. If you would like to speak to a divorce lawyer for free to learn more about this process, please call us any time at 312-346-5320.

See also: Best Lawyers For Divorce In Lake County Illinois

Although Lake County Illinois has around 700,000 people in it, it’s court system in some ways is similar to a small town. By that I mean that it’s really a place where if you don’t know the Judge your case is before, you are really fighting with one hand tied behind your back. The is especially true for divorce an family law cases in Lake County.

Those hearings take place at the Waukegan courthouse which is at 18 N. County Street.  It’s also known as the 19th Judicial Circuit Court.  At the court there are six dedicated Judges for family law cases.  They typically get rotated in and out around the first quarter of the year when a new Chief Judge is appointed or occasionally when there is an election.

Currently of the six Judges, two are female and four are male. Naturally all Judges are different and while they are supposed to make rulings based on the law, it’s common sense that everyone has certain biases. Some Judges favor women, others skew toward men.

What is really important for you is to get a lawyer who knows all of these Judges and appears before them on a regular basis. In general, Judges will favor attorneys they deal with on a regular basis over ones that they’ve never met before and aren’t as familiar with how their courtroom works. This is especially true in Lake County. It really has a reputation of favoring the locals.  That means you are best served by hiring a lawyer that not only specializes in family law, but also has an office in the county, preferably in or close to Waukegan.

While not every out of town lawyer gets a bad result, over time it’s truly the lawyers who are regularly before these Judges that have clients who end up winning their cases. These lawyers also know the guardian ad litems that are often appointed by the Court and in fact many of these attorneys themselves get appointed as guardians. These relationships truly can be the difference between winning and losing a case.

Beyond that, the best attorneys bill honestly.  By that I mean they aren’t going to make false charges for research or claim to be in court on your case for two hours when they are really only there for five minutes.  You don’t want to go bankrupt because you filed for divorce or petitioned the court for child support.

And finally, the best lawyer for you depends on you. Some people are more comfortable with a female lawyer. Others want a man. Maybe you need a lawyer experienced with forensic accounting or good at handling QDRO’s.  We view our job to learn about your case and then recommend whoever we think is the right fit.

If you’d like to speak to an attorney for free to ask questions or get a referral to a great Lake County family law attorney, please contact us at 312-346-5320.

Some lawyers are just lazy.  That is a fact. Others know they aren’t doing what they know is in the best interests of their clients.  Nowhere do we see this more than with family law attorneys, specifically when it comes to getting pensions or 401k’s of your spouse.

When you get divorced in Illinois, it’s your attorney’s job to take care of EVERY issue that the case involves.  It’s not just dividing up property or dealing with child custody. If either spouse had a pension, 401k or other retirement account during the marriage, that is a marital asset.  Approximately half of what was earned during the marriage is owed to each spouse.

It’s not as simple as agreeing to that to make it happen.  There is a formula that needs to be worked up. It takes some time, isn’t fun and for whatever reason, many lawyers choose not to do it. As a result we get a lot of calls from divorced people who need to address retirement account issues.

These callers need a QILDRO or a QDRO.  A QILDRO is short for Qualified Illinois Domestic Relations Orders. It applies to public workers such as teachers, City of Chicago employees, etc.  It is a court order that directs the pension fund to pay a former spouse or other dependent, all or a portion of a member’s retirement benefit or a lump sum death benefit. A QILDRO is usually issued at the time of divorce and sent to the member’s retirement system where it is recorded and retained until the member applies for a refund, retirement benefit, or dies.  Or in many cases it’s not done during the divorce and another attorney has to step in and do it.

A QDRO is short for qualified domestic relief order. It’s similar to a QILDRO but is used for 401k’s, IRA’s and other retirement accounts. By using this process it allows each spouse to retain the deferred tax benefits of the plan.  Nobody automatically gets a QDRO. You have to ask the Judge for it and then file the QDRO form which asks for a right to a portion of the account.

It’s best to file these forms during the divorce or as soon as possible so your ex doesn’t empty the account.  If it’s not done during the divorce, you likely will have to petition to re-open the case.  When that happens, the laziness of your original attorney ends up costing you more money than you would have spent had they just done their job correctly in the first place.

The reality is that many law firms won’t finish the job that other law firms started. If you are getting a divorce, raise this issue with your attorney before you hire them. If they say they don’t do QDRO’s or QILDROS, don’t hire them. If you need to find a lawyer who will handle these forms and do a good job for you, call us at 312-346-5320 to speak with an experienced attorney for free.

See also: Cook County Lawsuits, How To Get A Quicker Result

We are Illinois attorneys who will talk to you for free about your legal matter. Call us at 312-346-5320 for a no cost, confidential consultation.

As we head in to 2021, we are about to see one of the most common New Year’s resolutions. People are going to file for divorce. While being sheltered in place in 2020 may have contributed to that, the reality is that after the holidays and at the end of the year, people take stock in their lives and often decide they need to move on from their marriage.

This is a huge step for many people.  That is especially true when you have a bully for a husband or wife.  In those cases, there are many important things to consider. It’s very common for the bully spouse to not be open to the possibility of you filing for divorce.  So while it’s advisable to talk about divorce if you can, in these cases it may not be safe or a good legal strategy.

When a spouse is a bully, they tend to bring a lot of drama and emotion to the marriage.  They will blame you and others for their problems and can be physically or verbally abusive and controlling.  It makes sense that you’d want out of that situation and we have some tips for doing so in a safe manner that will protect you in the long term and short term.  A divorce from a bully can be high conflict and you want to try and focus on what you want legally.

1. Try to let your lawyer do most of the talking for you. If you aren’t going to be able to calmly negotiate issues with your soon to be ex, doing so only rewards their desire for conflict.  Come up with a list of goals with your divorce attorney and work with them to meet those goals.
2. Avoid interaction. Hopefully you don’t need to live together under the same roof.  The less you are around each other, the less you can be provoked. If there have to be exchanges of the kids, ask your attorney for help on facilitating that or get a family member or friend to accompany you when possible.
3. If you have been physically abused or feel unsafe, consider filing for an order or protection.  This will buy you some peace and safety, at least on a temporary basis and potentially permanently. I highly suggest that you talk to your attorney about this first.
4. Don’t feel the need to defend yourself verbally to them. This is much easier said than done, but the reality is that once the divorce is filed, any verbal arguments won’t help your ultimate goal of getting out of the divorce.  Nod and smile or walk away if you can.
5. Try and establish boundaries. If you are co-parenting, maybe deciding to only communicate by text or email makes sense.  Agree to only talk about your child and nothing else.
6. Don’t sign off on bad terms just because you want out.  Giving up rights to a 401k or equity in the house in order to get out quickly could really hurt you financially.
7. Never take legal advice from your ex. This is a huge trait we see in bullies.  They are know it alls and will try to tell you what is going to happen in court, what their rights are, how things are going to play out, etc.  Often it’s done in a threatening way such as, “I know the law and you are going to lose the kids to me.”  They are not looking out for you.  That’s why you have an attorney.  Game plan with your lawyer and take legal advice from your lawyer, not your ex.

I hope this helps. It’s really just the beginning of thinking about this process. If you are looking for a referral to a tough, experienced Illinois divorce attorney, please contact us any time for a recommendation.

If you are considering a dissolution of marriage, you may have several questions and concerns. It can be a difficult time, but it is important to understand the process of family law. Just as each state enforces their marriage laws, the states regulate their divorce laws. Here, we have given you a few things we think you should know when considering a divorce in Illinois.

1. No-Fault Divorce – For the most part, fault doesn’t matter in a divorce. One may think that issues such as adultery, cruelty or abuse should be taken into consideration during a divorce, but for the most part, they aren’t. Like the rest of the US, Illinois follows no-fault divorce laws, meaning that grounds for divorce are not taken into consideration when deciding how marital property should be divided, whether alimony should be awarded or how much child support a parent should pay.

2. Annulments – In many ways, an annulment of a marriage in Illinois is very similar to divorce. You can expect to see the same kinds of property division, child and spousal support arrangements, and court proceedings in an annulment case as in a divorce case. However, annulments are rare and have strict grounds to be able to obtain an annulment.

3. Attorney fees – Attorney’s fees are a significant chunk of the cost of divorce. Not only do you pay the attorney’s rate, you may be responsible for paralegals rates, court fees, witnesses, consultants, etc. A majority of attorneys require a retainer. With a retainer, you will pay a couple thousand up front and the attorney will then deduct their rate from the retainer as the case is handled. Once the retainer runs out, you’d most likely be required to refill it.

4. Civil Unions – When it comes to the Illinois marriage and divorce laws, a civil union is similar to a marriage. The dissolution of civil unions follows the same procedures and is subject to the same rights and obligations that are in involved in the dissolution of marriages.

5. Child Custody – Children do not necessarily get a say in their custody preference. Illinois requires judges to determine child custody based on the best interests of the child, if the parents cannot agree. The custody preferences of mature children may be considered, but ultimately it is up to the judge to decide.

6. “Father’s Rights” – Don’t be fooled by a “Father’s Rights” lawyer. This term is just a marketing ploy. A good family lawyer is capable of handling a child custody case, no matter whom they’re representing.
   

7. Conflict of Interest – If you and your spouse are on good terms you may think using the same attorney would be a smart and financial choice. Not only is it a conflict of interest, it is illegal. An attorney can only represent one party. What is best for one spouse is not necessarily best for the other spouse.

Divorce can be a tricky process and there are other laws you should be made aware of. Call and talk to one of our attorneys for free.

Nobody goes in to a marriage wanting to get a divorce.  Most people don’t come out of a divorce saying that it was a great experience.  The best result is usually knowing that you are now on to the next chapter of your life.

If you are thinking about getting a divorce in Illinois, and it’s surely popular right now after everything that has gone on this year, we recommend you try and get a game plan together.  Every divorce is different, but here are some basic things to think about. You should create your own check list from talking to an attorney. If you would like a free consultation with us, call us any time at 312-346-5320.

1. Is your spouse wanting a divorce too? – If you are going to spring this on them, you want to do it in a way that is safe.  You don’t have to do it until you are ready. Often that means you’ve already talked to an attorney. If you are worried about abuse or an emotional response, you might want to plan for somewhere else to stay for a night or two.

2. What are your goals related to the kids? –If you have kids you will be thinking about child support, a primary residence, custody and visitation.  What decisions do you want to make as a couple (e.g. religion, healthcare, education) and what do you want to be able to make on your own.

3. Do either of you own a business? – If you do and the business has value and was started during the marriage then it’s a marital asset.  Whether you are a part of the business or not you have a right to some of it.  It’s important to speak with a lawyer who understands forensic accounting so you are protected.  Even if you want nothing to do with the business, it is a negotiable issue that may help you with other items.  Often the books get cooked so to speak so to the extent you can, document what the actual revenue and expenses are.

4. Where do you want to live? – You might want to stay in the marital home.  If you can afford it you might want to move out.  Generally speaking you can move anywhere in Illinois that you want. If you want to take the kids out of state though you may need the permission of the court. Don’t just think about where you want to live now, think about where you want to be in a year, five years and ten years.

5. Get your own bank account – If your money is in a joint account, while technically you can take it, we don’t suggest in most cases that you take more than half.  But if you have a paycheck deposited in to that account or other money coming in, you can and likely should set up a new account.  Eventually you will want to close out all joint accounts, but might not want to do that when you are in the planning stages.

6. Personal items – It might not be #1 on the list, but if you’ve been married a while, you’ve likely acquired some property together. Which car is yours?  Is just your name on the title? How about jewelry, furniture, TV’s?  Make a list of these items as they will need to be discussed.

7. Is it amicable? – I always suggest that you at least consult with an attorney, but the best divorce is an amicable one. If that’s your situation and you are educated on your rights, mediation might be a quicker and cheaper way to resolve everything.

8. Retirement accounts- Usually handled by a process called a qualified domestic relief order or QDRO, if there is a 401k, pension or other account for retirement, the part accumulated during the marriage is a marital asset.  I’m blown away by how many lawyers don’t handle this issue which forces their clients to hire a new lawyer when the divorce is done.  Before you hire a lawyer, make sure that they will real with these accounts.  It’s really surprising how many don’t.

9. Make a list of debts- Just like any assets that are acquired in the marriage, marital debts have to be dealt with.  Make a list of your credit cards, mortgage payments and other expenses so they can be divided up.

10. Open up a credit card in your name only – It’s good for building your credit and if somehow you get cut off financially due to a vengeful spouse, it can get you by until you can get a court order that gives you access to funds.

Hopefully that list is a good start for you.  Some bonus tips would be to make sure to take some personal time for yourself and not to hash out your grievances on social media.  If you pick the right lawyer they will get you on the right path and make sure you are thinking about what is important based on the unique case you are going through.

Most divorces are something like “Marriage Story” where there is cheating or a breakdown of communication or a couple seems to fall out of love. It’s painful, but one of you usually files for divorce and the process goes from there.  The good news is that over time most people feel better and find themselves in a happier place in life.

Some people though get married, separate from their spouse and don’t talk to them for years.  For whatever reason, neither of them files for divorce.  Usually it’s because it’s too expensive, but some people just don’t get around to it.  It may sound odd, but it’s really no different than people who know they need a will but keep putting it off.  At some point when you’ve divided everything up and have your own place, you feel like you’ve moved on. That’s enough for some.

Eventually though it does seem that one of the spouses wants to make the breakup official.  Often it’s because they are in a new relationship, possibly heading to a new marriage.  Other times it’s because they are buying a house and want to make sure there are no issues with that.  For some, they make a New Year’s resolution and just get it done.

When you do file after a long separation, the process itself isn’t much different than any other divorce.  The good is that there won’t be a battle, most likely, over assets and debts as well as child custody or support.  Usually it’s just a matter of making everything official.

The biggest issue we see in these cases is that a caller doesn’t know where their spouse is.  In those cases you still file for divorce like normal, but tell the Judge that you can’t locate your ex.  If you can prove to the Court that you’ve used your best efforts to find them, they will likely grant you permission to get divorced by publication.  This essentially means that you place an ad notifying the public about the divorce filing in local papers.  I’ve never heard of anyone actually discovering about a case that way, but it’s the law.  Prior to that time though you’d need to show the Judge that you called relatives, searched the internet, tried old phone numbers or emails, etc.

In the end this is almost like pulling off a band-aid.  You just have to just do it and when it’s done you’ll be glad you did.