D. SMITH - ATTORNEY AT LAW Practicing Law Since 1980 www.TheIllinoisAttorney.com 2021 Midwest Rd. - Suite 200, Oak Brook, IL. 60523 161 N. Clark St. - Suite 1600, Chicago, IL. 60601 1800 Nations Dr. - Suite 117, Gurnee, IL. 60031 630-415-8705 CALL ME FOR A FREE TELEPHONE CONSULTATION: MON - FRI FROM 9:00 A.M. to 10:00 P.M. & SATURDAY FROM 10:00 A.M. to 3:00 P.M. I AM HERE TO HELP YOU. Email: DS@TheIllinoisAttorney.com Fax (312) 264-5507 FOLLOW ME ON FACEBOOK AND CHECK OUT MY WEEKLY POSTS ON VARIOUS FAMILY LAW TOPICS AT: Facebook.com/TheIllinoisAttorney Family Law (Divorce / Paternity / Custody / Support / Visitation / Alimony) Serving Cook County, DuPage County, Kane County & Lake County, IL. CONTESTED DIVORCE FREE TELEPHONE CONSULTATION AT (630) 415-8705 I love representing clients in contested divorces because that is when I get to really use my expertise in family law. I love representing clients in divorces and family law is all I do. I have been practicing family law since 1980 and I enjoy it so very much. When you call my office you will talk to me, when you come into my office you will talk to me and when there is a court date I will always be there representing your interests whether you have to be present in court or not. I am a one man show and I love it that way - Obviously I have support staff but I think that it is important for only one attorney to handle your case and know it like the back of their hands. I answer the telephone on weekdays until 10:00 P.M. and on Saturdays until 3:00 P.M. because I want to be there for you and for you to know I am there if you need any questions answered or if something comes up. When you call me during the day or in the evening you talk to me - Not an answering service. You can hire a large law firm to represent your interests but will the principal of the law firm always be in court to represent your interests or when there is a court date will they just give it to a new associate to appear in court on your behalf. That will not happen with my law firm! My minimum retainer fee for a contested divorce is $5,000 and I charge $400 per hour. I charge the same hourly rate to everyone and you do not have to come to my office to discuss your case to find out what my fees are. I charge the same hourly rate whether you are a W-2 earner or own a company - I do not have you come to my office to discuss your case and then base my hourly rate upon what you earn or own. I hope to hear from you - Let me show you what I can do for you. Please go to my Testimonial page and see how much my former clients appreciate my services. ---------------------------- CONTESTED DIVORCES - MINIMUM RETAINER FEE - $5,000 HOURLY RATE - $400 PER HOUR Visa / Mastercard / Discover / AMEX Accepted Better Business Bureau - A+ Rating Check out my BBB rating at: bbb.org - Search D. Smith - Oak Brook, Illinois KNOW YOUR RIGHTS - CALL ME FOR A FREE CONSULTATION. - DIVORCE IS HARD, LET AN EXPERIENCED PROFESSIONAL MAKE IT EASIER FOR YOU. I charge a very fair and reasonable fee for the work that is performed. This law firm takes pride in our work and has the experience to know what should be done and what should not be done. Legal services performed may affect your life for many years to come and it is very important that you obtain the services of a qualified attorney with experience. My legal fees are very competitive. ADDITIONAL INFORMATION RELATING TO A DIVORCE --- Order for Support: When there is child support involved, an Order for Support is prepared and signed by the judge and usually served upon the non-custodial parent's employer so that child support is deducted directly from his payroll check and the custodial parent does not have to argue, beg and plead for the child support that he or she is legally entitled to. There is no additional charge for the entry of said order with the Judgment for Dissolution of Marriage. Call me for a FREE initial telephone consultation to discuss your case and what this law firm can do for you. Know your legal rights and obligations - Experience counts - Let us represent you and get you what you are legally entitled to. BANKRUPTCY: If a party is seeking a distribution of the marital assets from the other spouse who is presently in a bankruptcy proceeding, said party must have their bankruptcy attorney or another bankruptcy attorney obtain a "certified copy of a court order" lifting the "bankruptcy automatic stay" so that he/she may proceed to obtain an order for child support and a distribution of the marital assets (which are considered assets of the bankruptcy estate). Attorney D. Smith must have a certified copy of said court order before the divorce case is filed. Please note that Attorney D. Smith does not perform any bankruptcy court litigation and therefore is not available to obtain said court order from the bankruptcy court. VENUE: In Illinois a divorce action must be filed in the county where one of the spouses resides. In almost all cases if the spouses reside in different counties the spouse who files with the court first determines which county the litigation will take place in. This can be an extreme benefit to one spouse and a great hardship to the other spouse. You can obtain a Judgment for Dissolution of Marriage if you don't know where your spouse resides or if he refuses to sign the divorce papers. In makes no difference where you were married - If you live in Illinois you can obtain a divorce in Illinois, unless of course, your spouse has already filed for divorce in another jurisdiction. PENSION / RETIREMENT PLANS: An important asset to be divided between the parties in a divorce action is a spouse's pension / retirement plan accounts and deferred compensation accounts which accrued during the marriage between the parties. In many cases this asset can have a higher value than the party's equity in real estate but often a person does not even consider it. The court has the authority to enter a qualified domestic relations order (QDRO) or a qualified Illinois domestic relations order (QILDRO) requiring the other spouse's plan administrator to set up an account in the name of the non-employee ex-spouse indicating that those are his/her funds and the employee ex-spouse cannot touch those funds. There is a substantial amount of additional work involved in having a QDRO or QILDRO entered and attorney D. Smith charges a minimum additional fee of $1,000 for each such order to be entered by the court. GROUNDS FOR DIVORCE: Effective January 1, 2016 the only grounds for a divorce in Illinois is irreconcilable differences and there is NO waiting period. MAINTENANCE / ALIMONY: There are percentage guidelines as to how much maintenance (alimony) a spouse may be awarded from the other spouse. The award of maintenance to a spouse is unusual and some of the criteria to determine whether a spouse should be awarded maintenance is: the length of marriage of the parties, the earning potential of the parties, the current earnings of the individual parties, the educational level of the parties, the assets awarded to each party in the divorce decree, the potential earnings from the assets awarded to each party in the divorce decree, the health of each party, etc. Unless provided otherwise in the divorce decree or court order, maintenance terminates upon proper motion and proof at a hearing that the spouse receiving maintenance is residing with another individual on a resident conjugal basis (that is proof of actual physical sexual intercourse. Some judges may say that just because two unrelated parties of the opposite sex are living together does not prove that they are having sex! Also, just because a former spouse may go to a hotel or her friend's home to have sex on occassion is not sufficient in and of itself.) Unless the divorce decress states that the maintenance award is non-modifiable, either party may file a petition in court seeking to reduce or increase the maintenance payments based upon a change in circumstances (eg. payor loses his job or receives a substantial increase in pay). Please see my page on "Alimony" for an in depth explanation of whether a person may be entitled to maintenance (alimony) and if so how the maintenance award would be calculated. RETAIN MY LAW FIRM AND BENEFIT FROM MY 37 YEARS OF LEGAL EXPERIENCE - EXPERIENCE COUNTS! Visa / Mastercard / Discover / AMEX Accepted This website does not provide legal advice but instead is meant to give general information and should not be relied upon without seeking competent legal advice relating to your specific situation. What generally may be true may not apply in your case depending upon the specific facts and circumstances involved. Nothing contained in this website is meant to create an attorney-client relationship and no attorney-client relationship is created until a written retainer agreement is executed by the attorney and client and a retainer fee is paid to the attorney. 630-415-8705 D. Smith - © - 2018 TheIllinoisAttorney.com - Experienced Divorce Lawyer - Contested Divorce - Uncontested Divorce - Practicing Law Since 1980