Divorce / Civil Union
When parties contemplate Divorce it is best if, at all possible, to agree between themselves how their property should be divided to save themselves time and money.
Getting a family law attorney from our firm involved in your situation doesn’t mean that you want to start or continue a conflict; it simply means that you’re ready to work toward a resolution so that you can move forward. If you’re ready to put conflict behind you in favor of a fresh start, contact the Law Offices of Kevin P. McCarty to see how our family law attorney can help.
If you are able to make an agreement on all the issues including spousal support, child custody (now parenting), child support and visitation, division of assets and debts then:
- Call our office at 312-644-1000 to make an appointment for a free case evaluation or fill out our short Divorce questionnaire for an online price quote.
- Pay an initial deposit of $250.00. If you want rush preparation of your documents the deposit amount is $300.00.
- We will review your questionnaire and answer any questions you may have. You will be given a copy of your Attorney-Client fee agreement that will state in writing exactly what your fees will be along with an itemization of all court costs that are required to file your case.
- You will be notified when the documents are ready for signature. We prefer that you come in to review them with our staff but you may opt to have them emailed to you.
- You have up to three months to return the signed documents and pay the balance of the attorney’s fees and court costs. When these are received and the funds clear we will file your case and set a court date.
- Only our client needs to appear in court. Your spouse/partner will receive notice of the date but need not attend. An attorney will ask you simple yes and no questions to verify the information in your documents and except for rare occasions your divorce will be granted that day.
We consider all Divorce or Civil Union cases uncontested and charge a flat fee until we are either contacted by an attorney representing your spouse/partner or your spouse/partner files the appropriate documents at court to contest your case.
We also quote a flat fee to prepare your documents and file your case if you cannot reach an agreement with your spouse/partner or after due inquiry are unable to locate your spouse/partner so that service of summons may be obtained. Call us at 312-644-1000 or fill out the Short Form Inquiry on our Home page for a free price quote.
CONTESTED DIVORCE / CIVIL UNION
If you are unable to reach an agreement with your spouse/partner regarding all issues such as child custody (now parenting), division of property or debts and your spouse/partner’s attorney either contacts us to negotiate settlement or files documents to deny the allegations in your Petition for Dissolution of Marriage/Civil Union, we consider your case contested.
Likewise, if you are served with a Summons and you do not, on your own or through an attorney of your choice, file documents to deny some or all of the allegations in your spouse/partner’s Petition for Dissolution of Marriage or Civil Union you give up your right to have any part in the court’s decision as to resolution of any issues such as property division, child custody (now parenting), debt division in your marriage. Contesting your Divorce/Civil Union does not necessarily mean that you do not agree to a divorce.
At the Law Offices of Kevin P. McCarty, we understand how contentious Divorce can be. We work closely with Clients to help them get through what may be the most challenging times of their lives.
If you are going through a Divorce, you probably have a lot weighing on your mind and are experiencing the additional costs involved with starting your new life. Contested Divorce matters are charged at our low hourly rate billed from a retainer paid at the time we accept your case. A retainer is an amount of money paid by the client from which we bill our time. An itemized statement is given on all hourly matters. The actual time spent on hourly matters may be less or exceed the original retainer paid. In the case that it is less you will receive a refund. Our average retainer on a contested matter is $1,500.00. Be aware that you have the right to stop service or change attorneys at any time. Your attorney may only keep the amounts which have been earned.
When you work with a Divorce lawyer from our firm we will guide you through the legal issues related to your divorce so that you can focus on moving forward with your life. At the Law Offices of Kevin P. McCarty we will do all that we can to expedite your Divorce/Civil Union while protecting your best interests. Contact us today to schedule an appointment to speak with a Family Law attorney for a free case evaluation.
There is no annulment of marriage in the State of Illinois. However, you may have your marriage invalidated under the following circumstances:
- a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage;
- a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity;
- a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or
- the marriage is prohibited.
Attorney’s fees for an uncontested Declaration of Invalidity of Marriage are $800 plus court costs.