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Family law encompasses a wide range of legal issues affecting families, including divorce, child custody, adoption and spousal support. It profoundly impacts people’s lives by addressing the legal aspects of personal relationships and family dynamics. These matters often involve emotional and financial challenges that can alter the course of an individual’s life. Navigating the complexities of family law can be daunting, making it essential to understand one’s rights and responsibilities. A family law attorney can be a tremendous help by providing expert guidance, advocating for your best interests and ensuring fair outcomes.

Lake Toback DiDomenico is pleased to offer a full-service family law practice to its valued clients in Chicago and beyond. While we are known for representing high-income clients and their spouses, we are pleased to serve clients from all walks of life who require highly qualified legal counsel. We tailor our services to meet the needs of each client, providing each with quality legal representation.

Family Law Services We Offer

We handle a wide range of family law matters, including:

Divorce – Including high-asset divorce cases and contested divorce
Property division – Including business valuations and other complex property division issues
Family law appeals – Handling appeals to correct errors in family court decisions
Child custody and visitation – Including child custody and visitation issues arising during or after a divorce, in parentage cases as well as civil union and same-sex dissolutions
Parentage – Handling parentage proceedings involving unwed parents
Modifications – Including custody, visitation, child support and spousal maintenance modifications
Parental relocation and child removal disputes – Handling visitation issues associated with parental relocation in Illinois
International child custody issues – Handling cases involving international kidnapping by parents and proceedings under the Hague Convention
Prenuptial agreements – Extraordinary skill in drafting and contesting prenuptial agreements as well as enforcing them
Domestic violence/restraining orders – Helping victims of abuse obtain orders for protection to break free of domestic violence and defending those falsely accused
LGBTQ family law matters – Including civil union and same-sex divorce
Family law appeals – Handling appeals to correct errors in family court decisions
Adoption – Facilitating stepparent, grandparent, domestic, international and same-sex adoption
Estate and financial planning for high net worth couples – Preserving and growing the substantial assets of high net worth couples
Negotiated settlement agreements – Negotiating favorable settlement agreements instead of trial
Mediation– Reaching common ground through divorce mediation
Social media and divorce – Advising you on how to handle social media during your divorce

Grounds For Divorce In Illinois

In Illinois, the primary grounds for divorce are irreconcilable differences, which means the couple’s marriage has broken down beyond repair. This is part of the no-fault divorce system, where neither spouse needs to prove wrongdoing by the other. Instead, they must demonstrate that efforts at reconciliation have failed or future attempts would be impractical. For a no-fault divorce, the state requires the couple to have lived separately for at least six months before the court finalizes the divorce. This separation does not necessarily mean living in different homes; it can include living apart under the same roof without marital relations. This separation period allows both parties to consider reconciliation or finalize their decision to proceed with the divorce amicably.

The Cost Of Divorce

The cost of divorce in Illinois varies widely, depending on several factors:

The complexity of the case
Whether it’s contested or uncontested
The level of conflict between spouses

If there are disputes over child custody, property division or alimony, costs can increase significantly if the two sides are far apart in their thinking.

Attorney fees are a major component of divorce, often requiring a retainer – a prepaid amount billed against hourly rates. Billing practices typically involve charging for time spent on phone calls, document preparation and court appearances. Additionally, court filing fees and costs for expert witnesses or mediation can add to expenses.

Generally, each party is responsible for their legal expenses, but in some cases, the court may order one spouse to pay a portion or all of the other’s attorney fees, especially if there’s a significant disparity in income. It’s crucial to discuss potential costs with your attorney to plan effectively.

How Property Division Works

Property division during a divorce in Illinois follows the principle of equitable distribution, meaning assets and debts are divided reasonably, though not equally, between spouses. Unlike community property states that split marital assets 50/50, equitable distribution considers various factors to determine a fair allocation. This approach aims to reach a just outcome, reflecting each party’s contribution and needs.

The goal is to ensure that both parties leave the marriage with a fair share of the assets accumulated during the union. Several factors influence property division in Illinois. Examples of what the court weighs include:

The economic circumstances of each spouse
The duration of the marriage
Any prenuptial agreements
Contributions to the marital estate, including homemaking and child-rearing
Each spouse’s nonmarital property
Each spouse’s future earning potential

An essential distinction in Illinois divorce proceedings is between marital and nonmarital assets. Marital assets include all property and income acquired during the marriage, regardless of whose name is on the title, including businesses, real property, stocks, retirement plans, etc. Nonmarital assets, on the other hand, consist of property acquired before the marriage, inheritances, gifts to one spouse and items explicitly excluded by a valid prenuptial agreement. Understanding these categories helps ensure a fair distribution of assets.

Financial Support

Spousal maintenance aims to maintain stability for both parties and any children involved. Temporary family support, often referred to as temporary maintenance or alimony, provides financial assistance to the lower-earning spouse during the divorce process. This support aims to maintain the status quo, ensuring their economic situation remains as stable as possible until the divorce is finalized.

The finalized divorce determines support, which includes each spouse’s income, the standard of living during the marriage and the needs of any children (their needs are determined separately as child support). The court evaluates these elements to ensure fair support, helping both parties transition smoothly to post-divorce life.

Divorce Versus Legal Separation

Legal separation and divorce are distinct legal processes. In a legal separation, a couple remains legally married but lives apart, with court orders in place for issues like child custody, support and property division. Unlike divorce, legal separation does not end the marriage, allowing couples to retain certain benefits, such as health care or religious considerations. Some may choose legal separation to allow time for reconciliation or because divorce conflicts with personal beliefs. Divorce, on the other hand, legally dissolves the marriage, allowing both parties to remarry. The choice between the two depends on individual circumstances and long-term goals.

Mediation Is Commonplace

Alternative dispute resolution (ADR), such as mediation, is a process used to resolve conflicts outside of court. It is particularly common in family law cases where coparents strive to maintain a working relationship to raise their children in a healthy environment. The format will vary, but mediation generally involves a neutral third-party mediator facilitating communication between disputing parties to help them reach a mutually acceptable agreement. Unlike court proceedings, mediation is typically less formal, more collaborative and tailored to the parties’ specific needs. Courts often employ ADR to resolve as many issues as possible, leaving the judge to rule on unresolved matters.

Benefits of mediation include:

Cost-effective: It is generally less expensive than litigation, saving money on court fees and attorney costs.
Time-saving: Court calendars are usually full, so avoiding that scheduling bottleneck often makes the mediation process quicker than the traditional court process, allowing for faster resolutions.
Confidentiality: While the court maintains public records, discussions and agreements in mediation are private, which may be desirable.
Control: Parties have more control over the outcome because they actively create solutions.
Reduces conflict: Encourages cooperation and communication, which can be especially beneficial in family law, where co-parenting requires ongoing working relationships.

A Step-By-Step Guide To Litigation

Litigation with a judge deciding matters is the definitive solution if ADR cannot resolve all issues. Embarking on family law litigation in Illinois can be a complex journey, but it may be the only avenue for a fair and equitable resolution. Understanding the process helps spouses navigate it with confidence. Here’s a step-by-step guide:

Pretrial hearing: This is an initial meeting where the judge and attorneys discuss the case’s issues and possible settlements and set a timeline for future proceedings.
Discovery phase: Both parties exchange information and documents relevant to the case, including financial records, testimonies and other evidence.
Motions: Either party can file requests for the court to make certain decisions before the trial, such as temporary custody or support orders.
Settlement negotiations: Parties attempt to resolve issues outside of court through negotiation or mediation, aiming to reach an agreement without a trial.
Trial preparation: If the parties do not reach a settlement, they prepare their arguments, gather evidence and prepare witnesses for the trial.
Trial: Both parties present their cases to a judge, who then reviews all the evidence and rules on the issues.
Post-trial motions: After the trial, either party can file motions to alter or appeal the court’s decision if they believe the ruling contained errors.
Final order: The judge issues a final order that legally resolves the issues, such as custody arrangements, division of assets or support payments.

Not all family law attorneys handle litigation, so it is essential to check with your attorney during the initial consultation to determine if they are willing to litigate if necessary.

The Benefits Of A Family Law Litigator

Hiring a family law attorney brings experience in courtroom procedures and high-leverage negotiation skills, ensuring that your rights are protected and your interests are effectively represented. They can provide strategic guidance, helping manage heightened emotions and make informed decisions throughout the legal process.

Litigation also involves higher legal fees. So, ethical considerations should also come into play when selecting a litigator – going to court is not an excuse to run up the bill but a last resort for resolving a stubborn dispute. Choosing someone who adheres to professional ethical standards and ensures confidentiality, transparency and honesty in their practice is vital. An ethical attorney will prioritize your well-being, avoid conflicts of interest and provide unbiased advice. These standards help ensure a fair and respectful handling of your case, fostering trust and achieving the best possible outcomes.

Untangling High-Asset Divorces With Precision And Care

Due to the intricate financial elements involved, high-asset divorces are often inherently more complex than the average divorce. These cases usually encompass substantial assets such as real estate, businesses, investments and retirement accounts, all requiring detailed valuation and division. The process demands specialized knowledge to accurately assess the worth of these assets, including potential tax implications and future financial projections.

High-asset divorces can be complex in other ways as well. They may involve prenuptial or postnuptial agreements, hidden assets or international properties that further complicate the proceedings. Legal representation with experience in finance is crucial to navigate these complexities and ensure equitable distribution.

Finally, high-asset divorces often involve public scrutiny, necessitating careful management to protect privacy and mitigate conflict. Meticulous planning and negotiation to achieve a fair resolution is essential.

Don’t Take Our Word For It

In one review after another, satisfied clients speak about our firm’s ability to get results. Former Chicago Bear great Richard Dent is a former client, saying, “We all have problems, and the name of the game is finding people who can help you with your solutions.” Dent was able to immediately get custody of his son. There are many other testimonials on our website from other satisfied clients as well.

Serving Clients Throughout The Country

Lake Toback DiDomenico serves clients throughout Illinois but is focused primarily on those in Cook, Lake, DuPage, Kane, McHenry and Will counties. Additionally, our attorneys handle and try cases in Florida, Colorado, Arizona, New York, Connecticut and elsewhere throughout the United States when necessary to represent an individual client.

Get Family Law Help In The Heart Of Chicago

Help for your family’s legal issues is closer than you think. Lake Toback DiDomenico is located in the heart of Chicago’s Loop. Our office is five blocks west of Lake Shore Drive and 10 blocks east of I-90/94, at the southeast corner of Washington and Dearborn streets. To contact our attorneys at Lake Toback DiDomenico, call 312-288-8985 or contact us by email.