Frequent Questions to Discuss with your Divorce Attorney

Frequent Questions to Discuss with your Divorce Attorney
By: M. Scott Gordon

Before hiring a Divorce Attorney you should always gain more information about his/her experience and credentials. Choosing the right Family Law Advocate can make all the difference in the best outcome for you and your Family. Once you have done some research online and possibly made some direct inquiries it is important you ask the right questions to ensure you choose the right Attorney for your situation.

First, it is a good idea to get an idea of his/her experience. This can help you decide if they are the right person to handle your particular case. Some good questions to ask your attorney regarding their experience include:

• How many Divorce cases have you handled? 
•  How many of those cases were settled out of the courtroom? 
•  Are you familiar with the Family Court Judges in Cook Co and or Lake Co? 
•  Do you believe it is better to mediate and negotiate or go to Trial? 
•  Do you have specific experience negotiating Child Custody and Child Support or Spousal Support? Be specific about your particular legal issue you feel will come up during your Divorce case. 
•  Do you know my spouse’s Attorney?

 When asking these questions you will have a better idea if the Attorney you are speaking with will be able to handle your case and he/she will provide the best possible outcome for your specific situation.

Once you have an idea on their experience you can start to inquire on how your specific case will be handled. Let’s take a look at some questions to ask regarding how your case will be worked:

• Will you or another Attorney in the firm be handling my case? 
• Can I meet with anyone else involved in my case? 
•  Is the Attorney available via phone, email or in person? 
•  Do you have a heavy caseload? Will they be able to dedicate time to me? 
•  Will I receive copies of documents filed in court, and all communications with my spouse’s attorney related to my case? 
•  Will you keep me informed of all developments in my case? 
•  Will you ask my opinion before planning strategies? 
•  What is the attorney’s personal feelings about joint custody vs. sole custody?

Having a firm understanding on how your case will be handled will provide you security that the attorney has your best interest at heart. Having a Family Law Advocate that is dedicated to providing you with the best possible outcome for your specific situation can make all the difference. Choosing the right attorney can impact the next 10-20 years of your life, and asking the right questions will assist you in making the best decision for your Family.

Finally let’s look at some of the question to ask regarding Attorney Fees. All attorneys have fees, and most will require an upfront retainer fee, and bill on an hourly basis. Spending the money on the right attorney can save you years of frustration, and can help you avoid having to go through this situation again down the road. Getting the most expensive attorney does not mean you are getting the best attorney; however it is important to be educated on your potential attorney and how their fees work.

Here are some of the questions to ask your attorney regarding his/her fees:

• What is your retainer fee? 
• What is your hourly rate? 
•  Do any fees I pay include the services of any and all associates within the firm? 
•  If my case goes to Divorce court will there be extra fees involved?
• Will I sign an agreement outlining the fee arrangement? 
• Will I be sent an itemized statement for the work done? 
•  Are there any other costs I need to be aware of? (Court filing fees, process server fees, etc.) 
• Will I be billed for communications via email or phone?

If you have any questions regarding this blog, the information included or you would like to speak with an Attorney at M. Scott Gordon & Associates regarding your case feel free to contact us here, or call one our offices to see how we can help. Family Law Advocate Skokie Office 847-329-0101, Chicago Office 312-360-0250.

 

Property Division and the Distinction between Martial and Non-Martial Property

Property Division - Skokie IL

By: M. Scott Gordon & Associates

Let’s Discuss Property Division and the Distinction between Martial and Non-Martial Property.

All Property acquired during the marriage (other than non-martial property as said forth below) is considered Marital Property, and should be divided by the court “equitably.” 

When considering Property Division after a marriage has ended, the term “Equitably” is not the same as “equal”. Illinois courts have broad discretion in dividing marital property, and they have not hesitated to divide that property on an unequal basis, typically where the facts make such a division seem appropriate. 

When making these decisions, courts and attorneys are guided by case law and Section 503 of: The Illinois Marriage and Dissolution of Marriage Act. Section 503 states specifically that marital property shall be divided between “without regard to marital misconduct in just proportions.” This is important to understand, as many people believe that the non-financial misconduct of their spouse during the marriage affects how property is distributed. The reality is the law instructs judges to not consider martial misconduct when dividing Martial Property. 

What do judges consider when deciding on how to divide martial property in “equitable manner”?

Some factors include the following:

•  Duration of the Marriage 
•  Relevant economic circumstances of each party involved 
• The age, Health, station, occupation, income, and needs of each party 
• Division of property in addition to any maintenance 
• Reasonable opportunity of each party for future acquisition of assets and income
• Tax consequences of the property division for each party.

It should also be remembered that a court has the power to determine if any spouse has “dissipated” any property. Broadly speaking, “dissipation” is when on party spends marital assets on purposes unrelated to marriage. For example, when one party spends money on their new boyfriend or girlfriend out of a joint bank account that is considered a martial asset. It is important to keep in mind the concept of “dissipation” and how it is much broader and is designed to protect the innocent spouse from the wasteful spending of the other spouse. The court can look back up to 5 years prior to the filling of the divorce case or 3 years after the party claiming dissipation knew or should have known of the dissipation.

What is Non-Martial Property?

Now that we understand that all property acquired after the marriage is considered Marital Property (except as explained in this blog) let’s look at what makes up Non-Martial Property. Some examples of Non-Marital Property include:

• Property acquired by a gift or inheritance
• Property acquired before the marriage 
• Property acquired after a judgment for legal separation 
• Property excluded by valid agreement of the parties 
• Property acquired by judgment from party to the other.

 The increase in value of these properties is also non-marital, although contributions of marital assets will need to be reimbursed.

It is important to remember that non-marital property can be converted into marital property. For example, a home acquired by one spouse before the marriage can be converted into marital property if the spouse changes title into the names of both spouses. That property would now be considered a marital asset. The court sees this actions as a gift to the marriage.

If you have questions regarding Property Division and what is considered Martial and Non-Marital Property contact the attorneys at M. Scott Gordon & Associates at 847-329-0101 or 312-360-0250. You can also visit our website at http://www.familylawadvocate.com/ for more information.