Chicago Divorce and Family Law Attorney

The Law Office of Jay F. Fortier, P.C. provides quality legal service in the areas of divorce and child custody and support. The decision of whether or not to file for a divorce is one of the toughest decisions that you may ever have to face in life. There are concerns over how it will affect children and family finances, to name a few. Depending on the circumstances of your situation, you may also fear your spouse will know that you have seen a lawyer. Any time you spend with us is totally and strictly confidential. No one but you will know what is discussed behind the closed doors of our office. Come in for a free consultation and you will be welcomed as a friend in need of assistance. A Chicago divorce and family law attorney such as Jay F. Fortier, P.C. we will work with you so that you feel comfortable dealing with your family situation.

We won’t beat around the bush when it comes to telling you what you need to know about your divorce situation. There is too much at stake for you and your family. We make it a point to give you honest up front information you can count on. If you meet with at attorney you will deal with him or her directly as your attorney during your whole case from start to finish. If necessary, we will provide education about the divorce process, and Jay Fortier will make sure you have the information you need to make an informed decision. Knowing this crucial material now may save you money later by helping you and your spouse to come to an agreed resolution and avoid the potential for protracted litigation.

What You Will Leave This Office With
You will leave this office with an assessment of our view of how you should best proceed with your case as well as an overview of the potential outcomes and costs of your case based on the information you provide me with. I will answer any questions you may have and make sure you understand what I mean. I will explain whatever options or strategies that are available to you as well. It is then always up to you to decide how to proceed after our first consultation. At The Law Office of Jay F. Fortier, P.C. we understand that the more you know the less out of control and apprehensive you will feel. We also know that having a highly skilled lawyer to back you up can make a big difference in the outcome of your divorce. Divorces are emotional, complex and difficult and every one has a story to tell. Unfortunately the courts don’t usually have time for emotions, dealing instead with just the facts and a legal analysis of what the court sees as the best interests of the parties. Some people may find this unsettling. Therefore, we strive to ensure your utmost comfort with our handling of your divorce case.

A Very Basic Introduction to Illinois Divorce Law
In Illinois you may obtain a no-fault divorce or proceed based on the statutory fault grounds for divorce. The statutory fault grounds include:

• at the time of your marriage your spouse was impotent and still is
• your spouse committed bigamy
• your spouse committed adultery
• your spouse deserted you for a year
• your spouse was habitually drunk or abused drugs for two years
• your spouse was mentally or physically abusive
• your spouse tried to kill you
• your spouse has been convicted of a felony or other infamous crime
• your spouse infected you with a sexually transmitted disease

Illinois also recognizes no-fault divorce via the ground of irreconcilable differences. In order to proceed on that basis without the fault provisions it must be shown that the spouses have lived separate and apart for a continuous period in excess of two years and irreconcilable differences have caused the irretrievable breakdown of the marriage and that all efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. However, this two year requirement can be waived if the parties agree and have been living separate and apart for six months. Also, emotional separation, even if not physical, may qualify as living “separate and apart”. The court is precluded from considering divorce grounds in its consideration or determination of the financial issues in a case (property distribution, ext.).

If the parties are unable to come to an agreement their case may involve protracted litigation that can take years. However, there is always the opportunity to obtain temporary or emergency relief. This often comes up in the context of domestic violence. The Illinois Domestic Violence act of 1986 allows a person to file a petition for an order of protection against the abuse of a family or household member. This order can, among other things, prevent continued harassment or contact and grant exclusive possession of a residence. Therefore, it is very important that you let us know quickly if domestic abuse is an issue. It is also possible to obtain temporary exclusive possession of the marital residence, temporary child custody or visitation, temporary child support and maintenance and temporary attorney’s fees. It is not necessary to file for divorce (or to be married) in order to deal with these issues; they can be handled separately or in conjunction with a divorce case.

Fees of Chicago Divorce and Family Law Attorney

The majority of divorce cases are resolved by agreement between the parties. We now offer the low flat fee of $500.00 for uncontested divorce (up to three children and two real properties). Fees for contested divorce and child custody cases are based on an hourly rate of $150.00 per hour (no distinction between attorney and support staff time or increase for court time). We require a retainer of $1,000.00 in the case of contested divorce and $500.00 for child custody cases. Hourly fees are charged against the retainer and the retainer will have to be replenished if it falls to zero. Clients are also responsible for all court costs and expenses of litigation. Initial consultations in the office or over the phone are free. At The Law Office of Jay F. Fortier, P.C. we know what you’re going through. We understand your concerns. We know how to help you. Call us for advice today; our call center is open 24 hours a day.