Divorce

 
Protecting Our Clients’ Property and Rights

The breakdown of a marriage is usually one of the most difficult and painful experiences in a person‘s life.  In addition to the often highly emotional aspects of separation and divorce, there are many important legal and financial issues to consider.

At the Steele Law Firm, we respect the sensitive and difficult circumstances that bring you to us in matters of marriage dissolution.  We will take the time to listen to you, provide an objective assessment of your situation, and then provide you with legal advice based on our expertise representing clients under Illinois divorce laws.  We will then work with you to assure that all of your legal interests are fully protected.

After the consultation, if you decide to proceed with dissolution of your marriage, your attorney at the Steele Law Firm will represent you throughout the process.  

The Divorce Process

The Divorce process in Illinois is guided by a statute entitled "The Illinois Marriage and Dissolution of Marriage Act" 750 ILCS 5/401 et. Seq.  All issues affecting families in divorce are provided for in this statute including issues affecting children, distribution of property and issues of support and maintenance.

A divorce case is commenced by the filing of a document entitled "Petition for Dissolution of Marriage."  Once filed, the other spouse will either need to be served with the Petition by the Sheriff or private process server.  Alternatively the spouse can file papers individually, or through an attorney submitting himself to the jurisdiction of the Court.

In most instances, a settlement will be reached before the case has ever been filed or goes to court.  This is the option that will require the least amount of time, as well as emotion and financial expense, and is therefore worth pursuing in most cases.  In fact, our divorce attorneys at the Steele Law Firm achieve settlements in more than 90 percent of the divorce cases we handle.  When the parties are unable to resolve all divorce issues, we can explore alternative ways of reaching a settlement, such as mediation and arbitration.

Where mutually satisfactory settlement cannot be achieved, we will file or respond to the divorce petition, which stipulates the grounds for divorce, and all related issues.  The divorce petition will contain the issues to be resolved, including financial assets and property distribution.  Where children are involved, matters of child custody, child support and visitation also need to be addressed.

A divorce case can be divided into three phases: the "temporary issue” phase, the "discovery and investigation" phase, and the "resolution" phase.

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 The Divorce Process – The “Temporary Issue” Phase

This phase involves the determination of the immediate or temporary issues. These issues can involve:

• Temporary custody
• Temporary support and/or maintenance
• Where the parties are going to reside pending the resolution of the case
• Protection from harassment and domestic violence
• Injunctions against financial improprieties

The court has wide latitude in resolving these temporary issues.  Ordinarily the courts favor a policy of maintaining the status quo.  A spouse doesn‘t have to move from the marital residence unless there‘s harm to the other spouse or children as a result of the cohabitation.

Frequently people can resolve many of these issues on their own or informally through their attorneys.  Occasionally, however, it‘s necessary for the court to resolve the issues and a court hearing is necessary.  In that event the court will enter a court order which will be binding on the parties until either the case is dismissed or a final judgment or settlement is reached.

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This phase of the case involves the identification of the contested issues, and a determination of all of the assets, income and debt of the parties.

Regarding child custody issues, it‘s vital to determine early in the case whether the parents are contesting the physical custody of the children.  The main thing to keep in mind is that virtually all divorce issues affecting children are guided by a "best interest of the child" standard.

When lawyers start to prepare a case for settlement or trial, they employ various investigation devices both formally and informally.  Formally, one party may ask the other party written questions under oath, or there may be a deposition, which is an informal proceeding in the attorney‘s office that allows the attorney the right to ask the other party "face to face" questions.  Informally, subpoenas can be served requesting information from third parties, and private investigators can be employed to obtain information.

Oftentimes, experts need to be employed both as consultants and witnesses. The Steele Law Firm uses experts to provide help in a variety of ways:

• Value retirement benefits
• Do sophisticated accounting or tracing of money
• Financial planners to determine future economic circumstances
• Business evaluators to value businesses
• Psychologists to testify to mental health issues
• Realtors to value real estate

Depending on the complexity of the issues or the assets, this phase of the case can go quickly or over a more extended period.  This phase is typically the most time consuming.  Where issues are simple and assets and their values readily identifiable, the phase can virtually be eliminated.

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The final phase of the case involves the resolution of the case either through settlement or trial.

The vast majority of all cases settle.  While some of the issues involved in the case need to be tried, such as significant issues involving custody, most can be resolved through compromise and common sense.   Spending thousands of dollars in legal fees fighting over hundreds of dollars in assets is a foolish waste of money.   The attorneys at the Steele Law Firm encourage settlement where possible.  

Many times when a legitimate dispute is involved, a settlement conference will take place where the judge will meet with the lawyers in his chambers to discuss the issues and to make settlement recommendations.   These conferences are helpful because the judge who makes the recommendation will be the same person who will try the case if necessary.  Thus, a resolution can be reached without the formality of a trial.

Cases that cannot be settled are tried before a judge without a jury.  Evidence is presented to the judge, and the judge ultimately decides the case consistent with the law and with his or her opinion as to what is fair.  If the judge makes an error in applying the law to the facts, an appeal can be taken to the appellate court asking for reconsideration.

Again, the vast majority of cases settle rather than being tried.  As a rule of thumb, a good settlement is equal to or better than what the judge will order at trial, considering the cost of attorney fees incurred in trying the case.

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The Benefits of Hiring a Skilled Chicago Divorce Lawyer

When you have an electrical problem, you call an electrician.  If you have a problem with your car, you call a mechanic.  Likewise, as a divorce action arises, you should hire a skilled divorce lawyer – a professional who is trained to understand the process, know the obstacles and support and guide you smoothly through the divorce process.

Coping with the process of getting a divorce is an emotionally and trying time for anyone. You must take control of the situation and protect your financial and parental rights.  It cannot be stressed enough of the importance of retaining an expert divorce attorney to handle your family law case.

The professionals at the Steele Law Firm have the experience and skill necessary to protect your family.  We promise to be strong advocates when necessary, but we will not start a fight when a battle is neither wanted nor warranted.  For example, some families may come to a divorce attorney with matters such as child custody already decided, but still having questions about asset division.  In cases like these, our civil, principled approach will produce the maximum benefit with a minimum amount of stress.

At the Steele Law Firm, we take pride in the manner in which we treat our clients throughout the divorce process.  Going through the often-lengthy process of divorce can seem like an overwhelming experience.  We understand the difficulties and stress that most family law cases present, so our team strives to provide each individual client with the knowledge, communication, attention, and dedication they deserve.  It is our priority to provide quality client service.  We promptly return all of your calls, answer all your questions, and communicate and work with you throughout the legal proceedings.

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For more information about divorce, click here to read our blog, Family Law Lifeline, or browse through our FAQs.

If you are going through a divorce, you need the advice and assistance of a skilled, experienced divorce attorney to help you protect all of your legal rights. 

Call the Steele Law Firm at (312) 893-5888 today to learn more about how we can help you.