Family Law FAQs

Yes. If your case is the type that our firm handles, we are happy to consult with you free of charge to give you an idea of what your issues will be and how our firm would handle your matter.

The Firm requires payment of an initial retainer to secure its services. Our attorneys bill for the time actually spent. There is a set hourly rate for each professional that is tied to his/her level of experience. Each month, the client receives a bill detailing the work performed, the professional who performed it, and the length of time it took to complete the task. The firm has numerous methods to maximize client legal fees. For more details, go to the Conti & Dolan Homepage and click on “Maximize Your Legal Dollar.”

A retainer is paid by the client to secure future billing by the attorney. The amount depends upon the type of matter and the estimated time that it will take to handle it. The attorney bills by the hour and, every month, the client receives a bill for services rendered. That amount is then deducted from the retainer until the retainer is expended. Depending upon the progress of the case, the attorney may request another retainer.

A client must sign the Firm’s standard engagement agreement which plainly states the terms of our relationship. Once the retainer is received, the Firm’s representation will begin.

There is no set time for a divorce to reach resolution. Much depends on how complicated the issues are and how much agreement there is between the parties as to issues such as parenting time, responsibilities and property division. Our firm prides itself on moving cases along as quickly as the court system allows so that your dispute is resolved with excellent results as efficiently and as cost-effectively as possible.

Collaborative law is a process that avoids the court system and allows the parties to negotiate a resolution of their disputes in a collaborative and open process using various neutral professionals for children’s and financial issues. The process is cooperative and consensual--rather than oppositional--and enables the parties to reach their own decisions, rather than allowing judges or court personnel to do so. Karen Conti is certified in collaborative law and is available to handle your divorce using this process to resolve your family law matters. For more information, go to https://www.collaborativepractice.com/

Yes. Mediation is an excellent process to resolve disputes. Mediation is a confidential process, is geared toward minimizing conflict, and allows the parties to control the resolution of their disputes rather than have a judge make decisions or rulings, a neutral person facilitates the parties in reaching an agreement. Generally, you will retain an attorney to first advise you of your rights prior to engaging in mediation. Karen Conti is a certified mediator and can be retained to mediate your dispute or to advocate for your rights prior to and during the mediation process. For more information, go to divorceinfo.com/mediation.htm

Much of our work can be done via telephone, email and/or Skype or Zoom.

Our attorneys practice in Cook County, including the branches in Rolling Meadows, Skokie, Maywood, Bridgeview, and Markham and the Domestic Violence Court. We also practice in DuPage, Lake, Will, and other counties.

 We accept checks and credit cards.

No two divorces are the same. There are specific instances that may require both spouses to appear at hearings throughout the divorce process. Often, this is determined by whether a divorce is uncontested or contested.

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Illinois is a no-fault divorce state, which means it generally doesn’t really matter who files for divorce first. Since no one has to prove a reason for the divorce aside from irreconcilable differences, being the first to file has no real legal advantage. In other words, your property rights and parental rights are the same regardless of whether you filed for divorce, or your spouse filed for divorce.

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Pets are beloved to their owners. When you go through a divorce, there must be a consideration of where your pets will go after the divorce is final. In many cases, splitting couples choose to give up their dog or cat to a shelter so it can find a new home. In fact, divorce is one of the main reasons why dogs are brought to a shelter. Divorcing couples do this because the stress of the divorce proceeding can make it difficult to adequately care for their pets and they believe putting them up for adoption is in their best interests.

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Again, this varies depending upon the issues that are disputed and the willingness of both parties to compromise.  Mediation, which may add an additional layer of expense in the beginning, can save you thousands of dollars and months of fighting in court, as long as both parties are committed to compromise and reasonableness.

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The answer depends on the issues in your family, the number of disputed issues, and the reasonableness of the parties and their attorneys. If all goes smoothly, a divorce can be completed in two months.  I recently had a client who came to me. I drafted a proposed settlement agreement on all issues; we negotiated for two days, reached an agreement, and the parties were divorced in two weeks. 

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The selection of your attorney is one of the most important factors in the outcome of your divorce. With such a large pool of attorneys to choose from, making such an important decision can be extremely difficult. What works for one person may not be suitable for another even if the relationship has similarities. It will take a lot of research and time, but the choice of your legal representation should not be taken lightly.

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Property division is one of the most divisive times in a divorce because no one gets exactly what they want. I encourage clients to discuss this issue with their spouse and determine a fair division of assets and debts. The first thing I do when a client hires me is to quickly determine what the parties’ assets and debts really are and put a value to all of them.  We then create a “marital balance sheet” that lists all assets and debts, their values, in whose name the assets and debts are held. We can then start to negotiate the division.

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Before being granted a divorce, you or your spouse must have lived or been stationed in the military in the state for at least 90 days. You must also have lived separately from your spouse for at least six months when you file a no-fault divorce. This does not mean you must have lived in separate houses, but rather that you have not lived as “man and wife” due to the breakdown of the marriage. This is taken to mean that you are not sleeping in the same bed, not having sexual relations, and not conducting yourself as a married couple.

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When a couple gets divorced in Illinois, a partner who shared their spouse’s last name may decide they want their former or maiden name back. How this is done depends on whether the name change happens as part of the divorce decree or whether you wait until after the divorce is over. 

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Every divorce will affect the children involved — and many times the initial reaction is one of shock, sadness, frustration, anger, or worry. But children also can come out of it better able to cope with stress and become more flexible, tolerant young adults. 

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