Family Law

Can you afford a divorce?

In my practice, a very low percentage of cases end up going to a contested trial.  Why?  Because more often than not, it simply does not make sense financially.  It is rare in a divorce that the issues are so complex that a Judge needs to determine those issues and there is a tremendous cost in preparing a case for trial and ultimately trying it.  Any individual can afford a divorce, if that individual and that individual’s spouse approach the prices reasonably, and reasonable lawyers are involved.

In the State of Illinois, a divorce lawyer may not charge a client on a contingent basis and therefore charges his or her client on an hourly basis.  In Cook County, the more experienced divorce/family law attorneys will charge an hourly rate somewhere between $350 and $600 per hour.  Whether your lawyer charges $350 or $600 per hour, if the case is contentious and the litigants fight over every issue and allow themselves to be guided by emotion, as opposed to sound legal advice, you are going to spend a lot of money.  The advantage in hiring a larger divorce firm, such as Beermann Pritikin Mirabelli Swerdlove LLP, is that the firm employs talented associates and paralegals who bill at lesser hourly rates than the partners of the firm, which allows the client to receive high-end, experienced and compassionate counsel, at blended hourly rates, which helps keep costs lower.

There are alternatives to litigation, which in the long-run will also help save costs such as working collaboratively outside of litigation, use of mediators, particularly in custody-related issues, conducting settlement conferences with opposing attorneys and otherwise trying to negotiate a settlement as quickly as possible outside of Court.  To aid in keeping the costs of litigation down, both litigants to a divorce should make full and open disclosure of all of the income, assets, liabilities and other financial aspects of the marriage and support those through proper documentation.  Ultimately, the information is going to be discovered, one way or another, but refusing to provide all of the documents in an open manner, simply results in more attorney’s fees on both sides of the case.  As a party in a divorce, you can help yourself by educating yourself in all of the income, assets and liabilities of the marriage, so that you do not have to rely on your lawyer to get all of that information for you.  Both parties in the marriage should have a full working understanding, supported with documents, of all of the financial affairs and income of the marriage.

Finally, when entering into a divorce you should understand that there is a cost to doing business.  While you have some individual control over costs, your spouse and your spouse’s attorney will in large part determine the cost of the divorce.  To the extent you can approach the process in an amicable fashion and work collaboratively to get to a just result, the less money you will pay attorneys, and the more money you will have available to divide up between you and your spouse and/or help support your children.  Getting a divorce should not mean liquidating your children’s college fund to pay your divorce attorney.

Family Law

Social Networking and Divorce

Congratulations go out to Facebook CEO Mark Zuckerberg on recently changing his marital status from single to married.  However, as a wedding gift to Mr. Zuckerberg, I may give him a little bit of free advice, and that would be to suggest he and his new wife avoid the use of Facebook or other social networking options.

Does Facebook or other internet social networking cause divorce? Of course not. What Facebook and other similar sites do is help create opportunities to do things that ultimately lead to divorce. I am a member of the American Academy of Matrimonial Lawyers, an organization that requires both national and local testing to become a Fellow, and according to the AAML, 80% of US divorce attorneys say they have seen an increase in the number of divorce cases where social networking is at issue in the case. I have seen it in my own cases.

Just this week I was consulted on a case where the parties separated and after the separation occurred, the wife learned that her husband had “friended” her female cousin, which has now purportedly sparked a new love interest between the husband and the wife’s cousin.  Astonishingly, this is a trend that is not unfamiliar in my family law practice.

How many of you have joined Facebook and immediately began to search for an old boyfriend, girlfriend or even an individual with whom you had a casual sexual relationship with at some point in the past, just to “see what they were up to?” once the connection is made, temptation follows and then ultimately I end up getting a telephone call from an individual needing the services of a family law attorney for a possible divorce.

For me, Facebook can be a great way to investigate allegations that may be relevant in the case. You’d be surprised, or maybe you wouldn’t be, of some of the information people post on Facebook and how helpful that can be to me in a case as a divorce lawyer.  Photographs, connections with certain individuals, direct statements made by people on their Facebook page, all can be used as evidence in a divorce case.

As I said before, social networking sites, such as Facebook, do not cause divorce, people’s actions or inactions in a marriage cause divorce. That said, the next time you are thinking of “friending” that old love interest, maybe you might want to consider “friending” your grandma or grandpa instead!

Family Law

Welcome to my Blog…

Thank you for visiting my blog. The purpose of my blog is to keep you informed and entertained about recent events, developments, or issues in the area of family law. These issues can relate to athletes, entertainers or celebrities going through a divorce, new developments in the law or maybe just a discussion on relevant family law topics such as prenuptial agreements, child custody, business valuations, domestic violence issues, child support and maintenance or maybe even just helpful tips from the perspective of a family law divorce lawyer of 20 years.

From time to time I will post articles of mine that have been published or even materials from lectures that I have given on a series of family law topics.  Family Law touches most people in one way or another, whether it is an issue in which an individual is directly involved in or whether it is a family member, friend, or even co-worker who is experiencing some type of family law matter in their lives.  I hope to be able to provide a level of perspective in a down-to-earth manner to help you or someone you may know gain a little insight into the world of family law. Thank you again for checking out my blog. Please feel free to visit my firm’s website at: www.beermannlaw.com for more information.