How Divorce Laws Hurt You, even if you’re not interested.

Arizona law likes to taunt people that are not currently interested in a divorce.  Whether your single, recently married or are currently in a happy marriage, Arizona doesn’t care; you have to stay in tune with divorce laws even, if you think it doesn’t matter.  And here’s why: Diclaimer Deed. Many spouses don’t know about […]

Wrangling the uncooperative spouse

While many spouses have asked me about various types of grounds for a divorce, they were largely jilted spouses where cheating was involved in the marriage. Almost never had I witnessed a divorce completed on grounds other than no-fault (irreconcilable differences). And while many attorneys will claim adultery or mental cruelty on court documents, those […]

The Difficult Spouse? I can kick them out?

Lawyers secret: Court’s are becoming less tolerant of removing a spouse from his or her home. There are two legal devices to remove your spouse from the marital home. The first of these options is bringing a motion for exclusive possession. The motion is the least aggressive legal maneuver a spouse can take, when attempting […]

Holding the line on Social Security Benefits

Illinois appellate courts continue to hold the line on how to treat Social Security Benefits paid to a dependent child.  Continuing a line of caselaw (common-law), a new case, In re the Marriage of Mitter held fast by noting that Social Security benefits are earned (much like other forms of income).  Therefore, if a dependent […]

What kind of divorce lawyer do you want?

What kind of lawyer should I hire? (avoid the pitbull). Many spouses are faced with the decision as to what “kind” of lawyer to hire. Friends and family will typically offer referrals or what lawyer’s call “armchair” advice. Every spouse will receive from one source or another the encouragement to hire a “pit bull” lawyer. […]

Retainers – the endangered species

Retainers.  It’s an ugly word, but many attorneys continue to demand a large up-front payment for service to be rendered in the future.  Retainers range between $1,500  to $10,000 in the Chicago-land area.  The average is about $2,000.00.  And unless you’ve got that in your checking account or room on your credit-card, you probably are […]