Not necessarily. In fact, it happens more often than people think. At LSR Family Law Group, many of our clients come to us after previously hiring one — and sometimes more than one — divorce lawyer. That does not automatically mean the client is difficult, unreasonable, or the problem. Divorce is one of the most stressful events a person can go through. The lawyer-client relationship in a divorce case requires trust, communication, honesty, and a plan that makes sense for that client’s life. Sometimes that relationship simply breaks down. One of the most important things a divorce lawyer can do is listen. Really listen. Every client comes into a divorce case with their own concerns, fears, priorities, and goals. Some are worried about their children. Some are worried about financial survival. Some are concerned about protecting a business, a home, retirement, or their reputation. Others just want the conflict to end. There is no one-size-fits-all divorce strategy. A good plan has to be custom tailored to the client, the facts, the law, and the realities of the courtroom. That also means having tough conversations when necessary. Sometimes a client’s goals do not line up with the facts of the case or what Illinois law allows. When that happens, the answer is not to ignore the problem, overpromise, or tell the client only what they want to hear. The better approach is to explain the legal landscape clearly, discuss the risks, and help the client develop realistic goals that can actually be pursued. Those conversations are not always easy. But they build trust. Many divorce firms do not take enough time to listen to the client, understand what matters most, or help the client develop a realistic strategy. When clients feel unheard, confused, or surprised by what is happening in their case, dissatisfaction grows. Eventually, trust and confidence break down. That is often when the client decides to make a change. Hiring a new lawyer during a divorce is not something most people do lightly. It usually means the client knows something is not working and wants a better path forward. At LSR Family Law Group, we understand that. We do not assume that a client who had prior counsel is the problem. We start by listening, learning the history of the case, identifying what went wrong, and building a plan designed around the client’s goals and the realities of the case. Sometimes a fresh start with the right lawyer makes all the difference.
While traditionally mothers were favored in custody disputes, as a father, you do have rights to your child. Following are 10 tips for fathers in a divorce case to learn how to protect yourself. Think carefully before leaving your home when you decide to divorce: If you leave your home and children, it may be more difficult for you to negotiate to either get the home back or get access to your children back on a full-time basis. Keep careful records of who cares for your child: While mothers have long been favored in custody disputes, trends may change as fathers take on more of the role of caregivers. In some cases, fathers are the primary caregivers in fact. If you are very involved in the day-to-day care of your child, that may impact the custody agreement the judge determines is appropriate. Collect evidence of paternity as soon as possible: If you believe paternity is going to be questioned, get a copy of your child’s birth certificate and/or of any other evidence that you have that shows you are the child’s father Request a DNA test if there is a dispute: While this doesn’t come up as often in marriage dissolution, paternity can still be disputed at times during custody cases. You may wish to consider getting a paternity test if you believe your ex-wife will question whether you are really the child’s father. Always pay child support as mandated: It may be tempting to withhold child support if your spouse is preventing you from seeing your child, but doing so can make you susceptible to a court order or contempt of court. It can also hurt your rights in a custody case. Comply with court orders and don’t break any laws- While you may not be happy if you are initially granted limited visitation, make sure to comply with all court rules. Don’t take your child from the state without permission or do anything else that might be illegal, as this can land you in jail and can make it hard for you to get custody. Hire an attorney experienced in protecting father’s rights: Your divorce attorney should have specifically worked with fathers before and should have experience in custody fights. Secure witnesses who can attest to your care of the child: If you and your spouse really can’t agree and the court has to decide on custody, the judge may request you call witnesses who can testify to your parenting skills. Ask people to be witnesses on your behalf early. Neighbors, teachers and other caregivers may all be able to tell the court how good a father you are, making it more likely you will be treated favorably in a custody dispute. Understand the custody arrangements and laws available: Each state has different rules and laws, but there are some common types of custody arrangements such as joint custody or partial custody. Understand the language as far as what each type of custody arrangement means. Do not agree to anything you don’t think is fair unless the court mandates you do so: While you may want to just end the custody battle, especially if it drags on for a long time, don’t give up custody of your child without a fight.
Mediation and Collaborative Process are two alternatives worth considering as couples decide how to approach their divorce. Mediation and collaboration are different approaches to divorce When it comes to legal procedures, most people only know what they see on TV. There’s an opening scene, where all the parties are identified and the disputes are explained. Perhaps there will be an intervening scene, where a police detective is doing some investigation. But invariably, the next scene is when everyone is in the courtroom and the lawyers are yelling at the witnesses trying to get them to “confess.” In reality, trials, and getting ready for them, are a lot more complicated than what you see on TV. Motions are typically filed to clearly define the parties and issues. Then, discovery follows, during which each party asks the other questions, the parties exchange documents, and witnesses are deposed. After discovery is completed the judge, if s/he’s any good, tries to help the lawyers settle the case by conducting pretrial(s). If settlement is unsuccessful, the trial starts. Depending on the complexity and number of issues, it could take months. Statistics studies indicate that in divorce approximately 96 percent of cases settle. The question is, where along the continuum of case life does the settlement occur? The two parties may have incurred $1,000 or $100,000 in legal fees before they are each ready to consider compromise and reprioritize their goals. To avoid the uncertainty of the litigation process and maintain greater control over time and cost associated with the divorce experience, couples are increasingly turning to nontraditional or “alternative” dispute resolution processes. Among them are primarily mediation and collaboration. Mediation Mediation is an informal process in which the spouses meet with an impartial and neutral individual who helps facilitate communication. The mediator’s role is to guide the parties toward their own resolution. Through joint sessions and breakout sessions with spouses, the mediator helps both sides define the issues clearly, understand each other’s position, and move closer to resolution. Most often, mediations start with a joint session used to set the ground rules and an agenda. The joint session also helps define the issues and determines the parties’ positions. If joint sessions become tense, the mediator may separate the spouses and carry messages — offers, counter offers, questions, demands, and proposals — between both sides to help the spouses move closer to resolution. The mediator has no authority to decide the settlement or even compel the parties to settle. Mediation is nonbinding until parties agree on a resolution. If the matter does not settle, the claimant has preserved the right to pursue litigation or arbitration. Collaborative Process In Collaborative Process, spouses are typically each represented by an attorney who is a trained mediator and certified as a collaborative professional. As in mediation, there is an initial meeting to elicit each party’s goals and concerns and approve a set of rules in the form of a Participation Agreement. Collaboration is a multidisciplinary process. That means the spouses can agree to hire neutrals to assist in the resolution of disputed issues. A child specialist can make recommendations on allocation of parental responsibilities. A financial neutral can help the parties identify, value, and allocate assets. And, a coach can help the parties address emotional conflict that may impair their ability to function in the meeting environment. The difference between mediation and collaboration is that attorneys are present at collaborative meetings and typically do not attend mediation sessions. Both processes result in decisions on terms that may be more creative and tailored to the particular needs of the family than a judge may be able to order. Once final terms are set, they must be crafted into final settlement agreements and approved by a court before they can become final and enforceable. If you have questions about which divorce process is best for your family, please call us for a consultation. We may be able to save you thousands of dollars in legal fees and a great deal of anxiety.
Most people find the process of completing their Financial Affidavit daunting. If you follow a few simple procedures, the result will be a less frustrating experience and a disclosure that fosters settlement. Please call us with any questions, at 847-412-9950. We are here to help.
A prenuptial agreement serves as an important tool for a soon-to-be-married couple to plan for potential legal and financial issues that may arise from differing viewpoints and expectations in a marriage. As their wedding date approaches, many couples seek premarital counseling to head off potential relationship problems. Unfortunately, these same couples often do not take time to consider or plan for potential legal and financial issues they may eventually face. A prenuptial agreement serves as an important tool to flesh out these potential problems, which often arise based on differing viewpoints and expectations in the marriage. LSR Family Law Group has developed the following checklist of questions and considerations to begin the prenup conversation. Completing this checklist will help both partners develop an effective prenuptial agreement based on realistic expectations. The goal is for both partners to feel reassured that financial and legal concerns are addressed before the marriage begins. Bring this checklist to your consultation with your LSR Family Law attorney.
Since 2018, Illinois has used the Income Shares child support model. This article unpacks the amended Income Shares child support guidelines that took effect January 1, 2019. It's important to understand the Illinois Income Shares child support model A few years ago, Illinois underwent a change in how child support is determined. When parents do not live together, Illinois law still requires child support to be paid. However, since 2018, Illinois has used the Income Shares child support model. This model considers both parents’ incomes in determining the support amount. The purpose of this article is to unpack the amended Income Shares child support guidelines effective January 1, 2019 (Pub Act 100 0923 [08/17/18]).
The prove-up is the legal procedure to obtain a divorce judgment and make your settlement agreement effective. Here is what you need to know before your day in court.
If you are involved in a divorce or other family law case, keep track of the flow of money through expense-sharing apps such as Zelle, PayPal and Venmo. Learn how expense-sharing platforms like Venmo and Zelle can affect your family law case Expense-sharing apps such as Zelle, PayPal, and Venmo are growing in use. If you are involved in a divorce or other family law case, it’s important to be aware of any payment apps your spouse may be using. You should keep track of the flow of money through any apps, especially as you move into the discovery phase of your case.
Rarely do unmarried partners think to put anything in writing to help them unwind their financial entanglements if, or when, the end comes. Learn how to protect your rights. Rarely do unmarried cohabitants (relationship partners) think to put anything in writing to help them unwind their financial entanglements if, or when, the end comes. It is more and more common for people to live together without getting married. Whatever the reasons, people are increasingly choosing to avoid the formalities of a civil union or marriage and are living together in committed partnerships. As time goes by, trust invariably builds and their financial circumstances improve. Comfort levels rise and investments are made in their relationship. Houses and vehicles are purchased. Bank accounts are jointly opened. And, perhaps even children are born and raised with the corresponding sacrifice of one person’s career. But nothing is in writing. When contemplating marriage or civil union, couples can soften the impact of a potential future divorce by using a prenuptial agreement. Even during a marriage or civil union, parties can work out terms of a future divorce by using a post-nuptial agreement. Rarely, however, do unmarried partners think to put anything in writing to help them unwind their financial entanglements if, or when, the end comes. What happens to an unmarried, cohabitating couple’s shared assets if one day, one of the partners decides they have had enough and want to move on? Perhaps there is infidelity. Or worse, domestic violence occurs. Or, maybe the couple have just grown irreconcilably apart. Without a written agreement, the process of dividing the assets they worked so hard to accumulate together can be very difficult, and in some instances, impossible.
