Chicago Divorce Lawyer Blog

An article was published in today’s USA Today entitled “Couples study debunks ‘trial marriage’ notion of cohabiting.” It reports on a new study about the changing attitudes towards cohabitation.
As the title states, more couples are choosing to live together not to test their relationship in preparation for marriage, but simply to spend more time together. Many couples see living together as part of the dating relationship, and may not be considering marriage.

If an unmarried couple chooses to buy a home to live in together, and the relationship ends unexpectedly, neither will have the protection of property provided by Illinois … Continue Reading

A recent Op-Ed piece by Andrew J. Cherlin was published in The New York Times entitled “Married With Bankruptcy.”
It examines the link between recession and divorce, drawing historical parallels to the Great Depression.
The author notes the significant drop in the numbers of divorces at the beginning of the Great Depression, but notes “this does not mean that people were suddenly happier with their marriages.” Couples could often not afford divorce.
Many couples are in a similar situation today, especially with the current state of the housing market making it more difficult to finance separation by selling the marital home. … Continue Reading

Most people unfamiliar with prenups assume that the agreement will be one sided. It does not have to be. It should not be.

One party will pick a drafting attorney while the other party will be encouraged to secure his or her own attorney. That attorney should be a zealous advocate with both premarital drafting and litigating experience.

The attorney must understand and explain applicable statutes and case law. The agreement must meet all current legal requirements and be able to withstand potential legal attacks in the future.

The zealous advocate-evaluator attorney will seek to minimize all risks to the client.

A well-evaluated agreement … Continue Reading

Too often a woman or man mistakenly believes that the intended spouse has hired either a family law attorney or an estate-planning attorney who will take care of both sides of a prenuptial/ “antenuptial” agreement.

The Illinois Act does not require that the parties have separate counsel; but the Rules of Professional Conduct warn attorneys against dual representation. Every prudent and vigilant attorney will suggest that each party to the prenuptial contract hire his or her own attorney.

A prenup is a contract entered into by prospective spouses through arm’s length negotiation before they marry. Usually prenuptial agreements deal with issues of … Continue Reading

There are many do not’s when a marriage is headed for dissolution.

The do’s regarding documents, however, are the subject of this blog post.

Divorce is document-complex.

When you are planning to divorce, knowledge is a good thing. It is the beginning of confidence. You must find out where you are so you can see where you are going.

Gather and copy documents. If you are unaware of the financial situation that you are in, this process alone will begin to shed light.

Copy all documents.

Consider nothing insignificant.

Divorce is complicated – legally, financially, and emotionally.

Create a copying checklist that includes:

• proof of income
• income tax filings
• prenuptial agreement
• bank … Continue Reading
  

Clients and their lawyers must be on the same side.

In the past, clients often felt helpless in dealing with their lawyers.

Today, clients in Illinois have an enumerated Bill of Rights.

These rights must be an addendum to a client’s contract … not only to help the client, but also to help the attorney.

First, there must be a written engagement letter listing objectives and all material terms of the fee arrangement.

Billing statements are not mystery novels or jigsaw puzzles.

Representation will begin upon the signing of the agreement. The parameters of representation must be clearly delineated. The attorney and client will both know … Continue Reading

Unlike so many other areas of the law, divorce is both complex and highly personal. It affects your whole life. Choosing the wrong lawyer also may affect your whole future.

Picking the right lawyer is serious business.

A divorce lawyer must be a skilled listener, a skilled negotiator, and a skilled litigator.  The lawyer must be someone who can solve problems, not create them.

He or she must be candid. There should be no false promises about either costs or results.

Your lawyer must be someone supportive who listens, someone who does not dismiss either your fears or your desires, someone in whom you … Continue Reading

Marriage changes everything.
That may seem like an extravagant exaggeration, but is it?
Rights and responsibilities, especially those related to support and property, do change to a great extent after one walks down the aisle. From taxes to medical decisions, from gifts to income, from inheritance to social security, marriage changes a lot.
Understanding at the start is a vital key to a successful union.
Not understanding money and property is at the nub of what … Continue Reading

A recent New York Times article by John Leland, entitled “Breaking Up Is Harder to Do After Housing Fall”, shed light on the economic realities faced by couples seeking divorce.

Some feel that the current economic problems make divorce unaffordable. For some professionals, like physicians, the economic downturn has little impact. For others, an economic downturn is the least expensive time to get out of their marriages.  When their businesses are at their lowest values, maintenance and support payments are resultingly lower.

While the economic strains have increased divorce rates in some places, some areas of the country have seen a … Continue Reading