Divorce Attorney In Chicago
Chicago Lawyer for Divorce
In Illinois, the law governing divorces is titled the “Illinois Marriage and Dissolution of Marriage Act” and is enumerated under Section 750 ILCS 5/.
The statute encompasses a broad scope of provisions relating to marriage, declaration of marriage’s invalidity, dissolution, legal separation, allocation of parental responsibilities, division of marital property, child support, and attorney fees.
A skilled divorce lawyer in Chicago must be familiar with the intricacies of the divorce process, which entails various unique aspects, from asset division to child custody arrangements. Navigating this intricate system requires familiarity with both legal requirements and procedural nuances.
Have Questions About Divorce?
When spouses decide that their marriage is irreparable, the first step that should be taken is to obtain the legal counsel of a highly competent divorce lawyer to learn what legal options are available and how putting a legal end to the marriage will affect their family’s future. In these types of legal situations, it is best to consult a lawyer sooner than later, as planning can be the key to making the most advantageous decisions about issues like child custody and support, spousal support, property division, and other areas that parties must address.
If you or someone you know has decided to seek a divorce, I, Attorney Mitch Furman, am prepared to provide you with the high level of advocacy and guidance you need to produce the best result possible in your situation. I am extremely well-versed in the laws and procedures that pertain to all aspects of divorce cases and can assist you in preparing and filing your divorce papers and providing you with legal advice regarding your divorce.
Uncontested vs. Contested Divorce
In Chicago, divorces can be categorized into uncontested and contested proceedings. An uncontested divorce occurs when both parties agree on all terms, including asset division, parenting time, and other family law matters. This type of divorce is typically quicker and less costly.
Conversely, a contested divorce arises when spouses cannot agree, necessitating court intervention to resolve disputes. It is usually more involved and requires a high degree of court intervention to facilitate the resolution of party disputes.
Prenuptial Agreements Vs. Postnuptial Agreements
Prenuptial agreements and postnuptial agreements play a significant role in divorce proceedings in Chicago. These legal documents outline the distribution of assets and financial responsibilities should a marriage end.
While prenuptial agreements are established before marriage, postnuptial agreements are arranged afterward. Both require careful consideration and clear communication to ensure they are fair and legally enforceable.
Chicago family law attorney Mitch Furman can assist in drafting and reviewing these agreements to protect his client’s interests.
Asset Valuation and Division
Accurate asset valuation and equitable division are critical components of the divorce process in Chicago. Both parties must disclose their financial situations during a divorce, including complex assets such as real estate, investments, and businesses.
Property division aims to distribute marital property justly, considering various factors like the length of the marriage and each spouse’s financial contribution. A skilled legal team is essential to navigate and negotiate this intricate aspect of divorce in Chicago.
How Are Assets Divided In A Divorce In Illinois?
In Illinois, only marital property is divided during a divorce. Marital property generally includes property gained during the marriage.
Non-marital property typically includes any assets or debts that the spouses acquired before the marriage, as well as certain gifts and inheritances acquired throughout the union. Understand that
For more information, see our blog on contested divorces.
Child Custody and Support
Navigating the complexities of child custody and child support can be challenging during a divorce. Understanding that these parental rights and obligations are separate but closely connected aspects of a divorce proceeding is essential.
A divorce lawyer in Chicago can guide child custody and support issues, protecting your rights and your child’s best interests. They can help you understand the legal processes in establishing custody and support arrangements that comply with Illinois family law.
Types of Custody Arrangements
Several custody arrangements can be established during a divorce. Joint custody allows both parents to share decision-making responsibilities and parenting time.
Sole custody grants these rights to only one parent. Physical custody determines where the child will live, while legal custody involves decision-making regarding the child’s welfare.
Chicago family law attorney Mitch Furman can help you formulate a parenting plan and determine which arrangement best suits your family law matter.
Calculation of Child Support
Child support calculation in Illinois is based on the income shares model, which considers the income of both parents. This model aims to allocate funds proportionately to maintain the child’s standard of living. Additional factors like parenting time, healthcare, education expenses, and the child’s needs may also influence the support needed.
Divorce attorney Mitch Furman can provide guidance to ensure accurate calculations and equitable distribution in child support matters.
Spousal Maintenance
Spousal maintenance, often referred to as alimony, is a court-ordered financial support one spouse may be required to provide to the other after a divorce.
In Chicago, understanding the intricacies of spousal maintenance is crucial as it impacts the financial settlements during the dissolution of marriage.
Factors Affecting Maintenance Decisions
Several factors influence the court’s decision regarding spousal maintenance. Key considerations include the duration of the marriage, each party’s income and earning capacity, the standard of living during the marriage, and contributions to the household or career of the other spouse.
Parenting time and responsibilities, or existing postnuptial agreements, can significantly sway maintenance determinations.
Duration and Modification of Support
The duration of spousal maintenance typically correlates with the length of the marriage, following a structured formula outlined by state guidelines. However, changes in circumstances, such as a significant income shift or remarriage, can necessitate a modification of support terms.
Divorce lawyer Mitch Furman, with decades of experience, often handles these modifications, advocating for fair adjustments to align with current situations.
Domestic Violence Protection
Domestic violence is a serious issue that can affect the outcome of divorce proceedings, and family law matters.
In Chicago, victims have a range of legal protections to ensure their safety. Divorce lawyers and family law firms play a crucial role in assisting clients who are dealing with domestic violence.
They provide guidance on how domestic violence may influence the dissolution of marriage, parenting time, and other parental responsibilities.
Legal Protections Available for victims of abuse
In Chicago, victims of domestic battery can obtain various legal protections to enhance their security. These include orders of protection and restraining orders.
Legal services available in the city aim to provide comprehensive support to victims, covering a wide range of family law issues, including property division and child custody.
Experienced attorney Mitch Furman is equipped to navigate the complexities of domestic violence cases, ensuring victims receive the protection and advocacy they need during a challenging legal process.
Orders of Protection and Their Process
Orders of protection are crucial tools for domestic violence victims seeking protection. To obtain an order of protection, the victim must file a petition in court, which a judge will review. If granted, the order of protection can prohibit the offender from contacting the victim and may include other stipulations to ensure the victim’s safety.
High Net Worth Divorce
High-net-worth divorces often involve significant financial complexities and require specialized legal expertise. These cases may involve dividing complex assets such as multiple properties, investments, and business interests.
Chicago Premier Divorce Attorney Mitch Furman can provide vital guidance through the legal process, ensuring equitable distribution while safeguarding clients’ financial future.
Unique Challenges for High Asset Divorces
High asset divorces pose unique challenges due to the intricate nature of asset valuation and division. Determining the value of real estate, stocks, retirement accounts, and other investments demands thorough analysis and expert input.
In addition, it is often necessary to address prenuptial or postnuptial agreements that may affect the division of assets.
Business Valuation and Implications
Business valuation is critical in high-net-worth divorces, particularly when one or both parties own business interests. The valuation process requires careful assessment of the company’s current and future worth, considering factors such as profitability, market conditions, and financial records. Accurate business valuation is essential to avoid significant economic implications and ensure a fair distribution of marital property.
Same-Sex Marriage Considerations
Same-sex couples face unique challenges when facing divorce in Chicago. Our family law firm will consider the specific legal precedents and protections available to these couples. Diving into the dissolution of marriage for same-sex partners involves understanding both state and federal legal implications.
Parental responsibilities and child custody matters may differ due to initial legal restrictions on marriage and parenting rights. Divorce lawyers at Law Offices of Mitch Furman are well-versed in these complexities, ensuring clients have access to experienced attorneys to help them understand their rights and responsibilities. A thorough knowledge of the legal process aids in creating equitable solutions despite these challenges.
International Divorce and the Hague Convention
International divorces can involve additional intricate legal proceedings that require specialized knowledge. Our lawyers handling such cases are well-acquainted with the Hague Convention, which governs international child abductions and disputes about parental responsibilities.
Understanding these laws is vital to resolving such complicated issues.
Ensuring proper jurisdictional handling and compliance with international agreements is essential.
Attorneys at the Law Offices of Mitch Furman have expertise in this area and provide vital legal services, including managing cross-border legal matters and safeguarding client rights. This specialized knowledge is critical for effectively navigating international divorce complexities.
Choosing the Right Divorce Lawyer
Selecting the right divorce lawyer is crucial when navigating the divorce process in Chicago. An experienced divorce lawyer, Mitch Furman, will guide you through complex legal matters, ensuring your rights are protected. His Firm is equipped to handle various family law issues, from child custody to equitable distribution of assets.
The Divorce Process in Chicago
The divorce process in Chicago involves several legal steps, which require careful consideration and planning. It begins with understanding the specific family law issues relevant to your situation, whether child custody, property division, or spousal support.
Filing for Divorce
Filing for divorce in Chicago starts with submitting divorce papers, known as a Petition for Dissolution of Marriage, to the Clerk of Circuit Court of Cook County. This petition outlines the grounds for divorce and any initial requests for parenting time, child custody, or property division.
Mediation and Its Benefits
Mediation offers an alternative to traditional divorce proceedings, emphasizing collaborative resolutions over contentious court battles. This process allows both parties to discuss and negotiate the terms of their divorce, such as parental responsibilities and equitable distribution, with the assistance of a neutral third party.
Mediation benefits include reduced legal costs, quicker resolution, and improved client relationships as parties work towards mutually agreeable solutions.
Court Hearings and Procedures
If mediation does not result in an agreement, the divorce process proceeds to court hearings. Through formal procedures, these hearings address contested divorce aspects, like property distribution or complex assets.
Here Is A List Of Family Law Matters We Handle
- Uncontested Divorce – An uncontested divorce is considered one of the better situations to be in when filing for divorce. Otherwise known as a no-fault divorce, an uncontested divorce means that both parties agree to the divorce. In order to file for an uncontested divorce the parties must have been separated for over two years, and list irreconcilable differences as the reasoning behind the divorce.
- Contested Divorce – A contested divorce can be a much more stressful situation for both parties than an uncontested divorce. A contested divorce requires both parties to have a lawyer because agreements regarding issues like child custody, child and spousal support, and equal distribution of assets. I can help you avoid litigation in your divorce proceedings and work toward resolving issues in mediation.
- Child Custody – Child custody determines the relationships and responsibilities of parents in regards to their children after a divorce. The court system handles child custody and will make the determination based on the best interests of the child. The court considers the wishes of both the parents and the children when making a decision.
- Post Decree – Because a divorce is legally binding, both parties must adhere to the terms and agreements of the divorce. Sometimes one party wishes to change the terms through a post decree modification. These are usually sought out when one party experiences a significant increase or decrease in income. In addition, a modification can be requested if one party changes locations.
- Contempt Proceedings – Sometimes parties will not comply with divorce agreements and action needs to be taken. This comes in the form of contempt proceedings. Through legal action you can show your ex-spouse that you take the agreement seriously and you expect them to do so as well. If your ex-spouse is violating child support agreements or visitation rights you may need to speak with an attorney.
**Illinois requires a minimum waiting period, but the full process timeline varies significantly based on whether your divorce is contested or uncontested.**
**Uncontested Divorce (both parties agree on everything):**
- Minimum 60 days from filing to finalization (Illinois law requires this waiting period even if both parties fully agree)
- Typically 2-4 months total
- Faster if no children, property, or debt to divide
- Can proceed with joint petition and settlement agreement
**Contested Divorce (disputes over assets, custody, or other issues):**
- 6 months to 2+ years depending on complexity
- Requires discovery (exchanging financial documents)
- May involve custody evaluations, business valuations, forensic accounting
- Multiple court appearances for temporary orders, motions, and trial
- Timeline extends with each disputed issue
**Factors that affect timeline:**
- **Children** - Custody disputes add months through evaluations and negotiations
- **Complex assets** - Business ownership, real estate, retirement accounts require valuation
- **Spousal maintenance** - Disputes over alimony length/amount slow process
- **Court scheduling** - Cook County court calendars are often backlogged
- **Cooperation level** - Unreasonable spouses drag things out; cooperative couples move faster
**Can it be faster?** In some cases, yes—if both parties are motivated and reasonable, we can expedite uncontested divorces. But quality matters more than speed. Rushing through divorce often means accepting unfavorable terms you'll regret for years.
We balance efficiency with thoroughness, ensuring you don't sacrifice your rights for speed. Your future is worth getting right.
**Illinois law prioritizes the "best interests of the child"—not what parents want or deserve.**
Courts no longer use "custody" terminology—it's now called **parental responsibility** (decision-making authority) and **parenting time** (physical time with children). Both parents typically share responsibility unless one parent is unfit.
**Courts consider these factors:**
- **Existing parent-child relationships** - Who has been the primary caregiver?
- **Children's preferences** (depending on age and maturity)
- **Each parent's willingness to facilitate the other parent's relationship**
- **Distance between parents' homes**
- **Work schedules and availability**
- **Mental and physical health of all parties**
- **History of domestic violence or substance abuse**
- **Children's adjustment to home, school, and community**
**Common misconceptions:**
**"Mothers always get custody"** - False. Illinois law is gender-neutral. Courts evaluate actual involvement, not assumptions.
**"I make more money, so I'll get custody"** - False. Financial resources matter for support, not custody. Being the breadwinner doesn't trump being the caregiver.
**"My ex had an affair, so I'll get full custody"** - False. Marital misconduct is generally irrelevant unless it directly impacts the children.
**"My ex won't agree, so we'll go to trial"** - Not necessarily. Many custody disputes resolve through mediation, parenting coordinators, or settlement negotiations.
**What "best interests" really means:**
Courts want both parents involved. Sole custody is rare—usually reserved for cases involving abuse, neglect, or parental unfitness. Shared parenting time (50/50 or close to it) is increasingly common.
Winning custody isn't about vilifying your ex—it's about demonstrating your positive involvement, stability, and ability to co-parent. We help clients present compelling evidence while keeping children's wellbeing at the forefront.
**Maybe—Illinois spousal maintenance law underwent major reforms, and whether you qualify depends on several factors.**
**When is maintenance awarded?**
Courts consider:
- Length of the marriage (longer marriages more likely to result in maintenance)
- Income and property of both parties
- Standard of living during the marriage
- Age, health, and earning capacity of both spouses
- Time needed for education/training to become self-supporting
- Contributions to spouse's education or career
- Parenting obligations affecting employment
**How much and how long?**
Illinois uses guidelines for marriages under 20 years:
- **Amount**: (33.3% of payer's net income) - (25% of recipient's net income)
- **Duration**: Percentage of marriage length (e.g., 10-year marriage = 4.4 years of maintenance; 15-year marriage = 7.2 years)
**Marriages over 20 years:** Duration may equal marriage length or be indefinite, depending on circumstances.
**Maintenance can be modified** if there's a substantial change in circumstances—job loss, significant income change, or remarriage.
**Tax note:** Post-2018 divorces, maintenance is no longer tax-deductible for the payer or taxable for the recipient (federal law change).
**Common scenarios:**
**Stay-at-home parent:** Likely eligible for maintenance while transitioning back to workforce.
**Career sacrifice:** If one spouse supported the other's career advancement, maintenance compensates.
**Short marriage, both working:** Unlikely to receive maintenance unless special circumstances exist.
**Long marriage, income disparity:** Strong case for substantial maintenance.
Maintenance isn't automatic, and courts have discretion. We build cases showing why maintenance is justified—or why it should be denied.
Call The Law Offices Of Mitch Furman!
My firm represents men and women in both uncontested divorce and contested divorce. I am extensively experienced in all matters relating to high-end divorce, legal separation, and annulments as well. Divorce can be extremely emotional and difficult for many, and that is one reason I strive to always provide needed information in a way that is both easy to understand and act on. I always aim to help my clients make decisions that will benefit them now and into the future, as this can help you to be more pleased with your result and better in the long run in terms of post-decree modifications.
I understand that this is likely to be a confusing time for you and your family, and my firm is dedicated to zealously advocating your rights and interests and fighting on your behalf for the best result possible. Contact my firm today.
Court houses we often appear at are located at:
Cook County
- George N. Leighton Criminal Court Building 2600 S, California Avenue, Chicago, IL.
- Skokie Courthouse, 2nd District Cook County. Located at 5600 Old Orchard Rd., Skokie, IL.
- Rolling Meadows Courthouse, 3rd District, Cook County. Located at 2121 Euclid Ave., Rolling Meadows, IL.
- Maywood Courthouse, 4th District, Cook County. Located at 1311 Maybrook Dr, Maywood, IL.
- Bridgeview Courthouse, 5th District, Cook County. Located at 10220 S 76th Ave., Bridgeview, IL.
- Markham Courthouse, 6th District, Cook County. Located at 16501 Kedzie Ave, Markham, IL.
- Branch 23 & 29 5555 W. Grand Ave., Chicago, IL.
- Branch 35 & 38 727 E. 111th St., Chicago, IL.
- Branch 43 & 44 3150 W. Flournoy St., Chicago, IL.
- Domestic Violence Courthouse 555 W. Harrison St., Chicago, IL
- Cook County Juvenile Center 2245 W. Ogden Avenue, Chicago, IL
DuPage County
- DuPage County Court, 505 N County Farm Rd, Wheaton, IL 60187
Will County
- Will County Court, 100 W. Jefferson Street, Joliet, IL 60432.
Contact Our Firm
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