Why Use a Divorce Attorney for Men in the Chicago Area?
By: Gordon & Perlut, LLC
If you are anticipating a divorce in the Chicago area, you are likely wondering how a divorce attorney can assist with your case and whether you should seek out a divorce attorney for men in Chicago. While an experienced Chicago area divorce attorney can provide legal assistance to men and women alike in divorce cases governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), it is often beneficial for men who are going through a divorce to have a dedicated lawyer who routinely serves men in divorce proceedings. We want to tell you some of the reasons why a divorce lawyer for men in the Chicago area can help with your case.
If you have minor children from your marriage, your divorce will include child custody, which is now known as an allocation of parental responsibilities under Illinois law. Parental responsibilities include both significant decision-making responsibilities (what you might have known previously as legal custody), and parenting time (what you might have known previously as visitation). Your divorce attorney for men can advocate for your right to parental responsibilities and can show that your ability to make significant decisions about your child’s upbringing and to spend a substantial amount of time providing caretaking functions to your child is in the child’s best interests.
Many fathers have concerns about gender bias in child custody cases. Specifically, fathers who are going through a divorce involving minor children from the marriage worry that the court will assume it is better for the child, or in the child’s best interest, to spend more time with the mother. While courts in Illinois and across the country have been combating these harmful stereotyping and biased assumptions, fathers who are getting divorced can nonetheless benefit from having an experienced attorney who knows about the specific kinds of biases that men can face in child custody cases.
Beyond issues that men can face concerning bias in child custody cases and matters concerning the family, many men who are planning for a divorce also have concerns about how gender biases could affect spousal maintenance awards. For instance, men in the Chicago area often worry that, since they were the primary earners during their marriage, that their soon-to-be ex-wife will be awarded a high amount of alimony or spousal maintenance due to gender bias and assumptions about who pays for what after a divorce. Our divorce lawyers for men can help to alleviate your concerns and to help you understand how spousal maintenance is determined and awarded in Chicago area divorces.
Absolutely. In Illinois, the law ensures that both spouses are treated equally, irrespective of their gender. This commitment to equality means that courts make their decisions based on factual evidence rather than outdated stereotypes. Men possess the same legal rights as women concerning:
Custody and parenting time – The ability to spend significant time with their children and participate in decisions concerning their upbringing.
Equitable property division – A fair distribution of assets acquired during the marriage, rather than a simple 50/50 split.
Spousal maintenance (alimony) – The right to seek financial support following a divorce, which can be crucial for those who relied on their partner’s income.
Child support – The opportunity to both pay and receive child support, ensuring that children’s needs are met regardless of which parent they live with primarily.
It’s important to note that while the law is designed to uphold fairness, societal biases can still influence case outcomes. Hence, securing skilled legal representation becomes vital.
When searching for an attorney, prioritize those who:
Specialize in family law and possess a wealth of experience representing male clients, enabling them to understand the unique challenges men may face.
Understand the nuances of father’s rights and the importance of protecting one’s financial interests during a divorce.
Communicate clearly and advocate assertively on your behalf, ensuring that your voice is heard throughout the process.
Offer realistic expectations, guiding you honestly about potential outcomes instead of making unsubstantiated claims of victory. While some firms may market themselves as “men’s divorce lawyers,” the focus should not just be on marketing but rather finding an attorney who genuinely comprehends your situation and fights for your right to fair treatment.
Certainly. Illinois no longer uses traditional terminology such as “custody” and “visitation.” Instead, the legal system prioritizes allocating parental responsibilities and parenting time in the best interest of the child. Fathers are increasingly winning:
Joint or sole decision-making authority – Granting them power in critical decisions regarding their children’s education, health, and welfare.
Equal or majority parenting time – Providing the opportunity to spend a considerable amount of time with their children, fostering stronger relationships.
Participation in key decisions – Dads have the legal backing to be involved in their children’s educational, healthcare, and religious choices.
The court evaluates each parent’s engagement, stability, and ability to co-parent effectively, placing little weight on gender.
Potentially. Illinois employs the Income Shares Model for calculating child support, which assesses both parents’ income levels and the amount of parenting time each parent has. If you earn a higher income or have less time with the children, you may be responsible for child support payments. The determination of spousal maintenance is influenced by several factors, including:
Length of the marriage – Longer marriages may result in more substantial maintenance obligations.
Income disparity – between the spouses: Consideration is given to how much more one spouse earns compared to the other.
Standard of living during the marriage – The courts aim to maintain a similar quality of life post-divorce, which can significantly influence alimony decisions.
Interestingly, men also have the right to receive alimony if their spouse has significantly higher earnings, challenging the traditional norms associated with spousal support.
Engaging a knowledgeable lawyer can be incredibly beneficial in safeguarding your financial interests. They can assist you with:
Identifying and separating non-marital property such as inheritances or assets acquired before the marriage, ensuring they remain yours.
Ensuring accurate valuation of marital assets, so that every asset is rightly accounted for and fairly divided.
Negotiating a fair division of retirement accounts, business interests, and real estate, which can be complex and require careful handling.
Avoiding hidden liabilities or unfair settlements by being vigilant about potential pitfalls and having a clear plan.
Illinois operates on the principle of equitable distribution, meaning that while assets are divided fairly, they are not always split equally, taking into account various factors.
Yes, certain law firms brand themselves as advocates for men in divorce situations. While this marketing may resonate with male clients seeking specialized support, it’s crucial to thoroughly assess the attorney’s experience, reputation, and overall approach. The best representation comes from a lawyer who not only understands the unique needs of men but also passionately fights for your rights and interests throughout the divorce process, regardless of gender.
If you are anticipating a divorce case soon, or if your spouse has already filed for divorce and you have been served with divorce papers, one of the dedicated Chicago divorce attorneys for men at Gordon & Perlut, LLC can assist you with your case. The advocates at our firm have years of experience representing men in divorce and child custody cases in Cook County, Lake County, and Du Page County. Contact Gordon & Perlut, LLC today at 312-360-0250 for more information.