Gray&Gray: Our Approach

Every divorce case is different. We listen to you, and tailor our representation to your needs.

Gray & Gray attorneys assess each case and work with each client to best serve his or her legal needs. While some cases warrant a more aggressive approach, we recognize that this is not always best for the family unit. Our focus is on you. We are litigators when necessary – but we simultaneously focus on settlement options and peaceful resolution of your case. We provide unparalleled knowledge in all areas of divorce, extensive courtroom experience, organized attention to detail, and an approach to each case like no other.

DIVORCE: Considerations & Matters to Address

• Complex Marital Estates in Divorce
• Division of Marital Assets and Liabilities
• Division of Real Estate and Allocation of Marital Residence
• Locating and Tracing Hidden Assets/Income
• Protection and Allocation of Investments
• Allocation of Retirement Plans, IRAs, and Drafting of QDROs
• Tax Consequences
• Valuation of Marital and Nonmarital Businesses
• Maintenance/Spousal Support (f/k/a Alimony)
• Child Support and Division of Child Related Expenses
• College Education Expenses
• Custody and Allocation of Decision Making Authority
• Visitation and Allocation of Parenting Time
• Modification of Divorce Judgments, Maintenance, and Child Support/Child Expenses
• Appeals of Judgments

The attorneys at Gray & Gray, LLC fully understand the emotional and financial toll a divorce can take on a family. We will answer your questions and educate you to help you make an informed, well-reasoned decision.

Gray&Gray: Property / Debt

Dividing marital assets and liabilities is often the most difficult part of a divorce, and we understand that financial matters can have a lasting impact on you.  Our attorneys deal with all ranges of marital estates from simple to complex, and are well qualified to locate assets, value them, and achieve the best property divisions for our clients.  We take our party’s needs and goals into account when determining the division of property in divorce cases.

Illinois is not a state in which title controls.  Rather, the division of assets depends on whether property is deemed marital or non-marital.  One key factor in making this determination is knowing when property was acquired.  Normally property that is owned prior to the marriage is non-marital, while property bought during the marriage is presumed to be marital – even if that property is only in one party’s name.  For example, if one party owned a car before the marriage then the car is that party’s non-marital property.  If, however, that party bought a car during the marriage in that party’s name alone, the car is presumed to be marital because it was purchased during the marriage. There are exceptions to this general rule relative to gifts or inheritances, and the distinction between marital and non-marital property can be more complicated. 

Most married couples share assets with each other, and during a divorce both parties may claim ownership of those assets. There may also be joint debt for which neither party wants to assume responsibility.  Illinois is not a state in which all assets and debts are automatically split 50/50 between the parties, and several factors come into play when deciding the overall division of the marital estate (such as the parties’ incomes, ages, employability, length of the marriage, custodial arrangements for children, future acquisition of assets, etc.).     

Initially, the parties must determine what assets and debts exist before they can divide them.  The process of locating and disclosing these assets and debts is known as “discovery.”  The parties can voluntarily disclose information, but in most cases formal requests are made by each party for the other to disclose all income, assets, debts, investments, etc.  Subpoenas can be issued to banks, employers, unions, investment firms, etc., as another way of discovering the extent of the marital estate.  The assets are then valued by way of an appraisal, a business valuation, and things of this nature.  Once the assets and debts of the estate are determined, negotiations begin as to the division of the estate itself – meaning who gets what at the end of the divorce.  The parties can agree to allocate certain assets to one party with offsets to the other party in order to reach an equitable division, although some parties prefer to divide every individual asset.  If the parties cannot reach an agreement, the court considers a number of factors when determining the value of the assets and debts as well as the manner in which they will be divided between the parties.  Illinois is not a state which presumes a 50/50 division and, in many cases, the division is higher to one party.

Gray&Gray: Custody/Child Related Issues (Non-Financial)

Custody (n/k/a “Allocation of Parental Responsibilities”) addresses the manner in which decisions for the children will be made, such as where the child will attend school, what doctors the child will seek, the religion in which the child will be raised, and things of this nature. Visitation (n/k/a “Allocation of Parenting Time”) addresses how much time the child will spend will each parent. “Joint custody” and “sole custody” are no longer terms used in Illinois law; parents no longer have “visitation” with their children, they have parenting time.

A mother and father may choose to divorce once another; their children have no say in this decision. Parents, however, must still consider the needs and interests of their children in both the immediate future and in the long-term. Contested cases involving children are emotional, and those emotions are amplified when the divorce is less than amicable. It is imperative that you have an experienced attorney who is able to fight on your behalf when it comes to your children in order to serve the children’s best interests.

Gray & Gray attorneys will help you determine what is in your children’s best interests and understand what that means as it relates to Illinois law. Parents are not always able to put aside the animosity they have towards one another, and it is often the children that suffer as they are put in the middle. That is not the answer. We will help you navigate a contested custody case while simultaneously working towards an amicable resolution through mediation and negotiation. If settlement is ultimately not an option, we are prepared to litigate on your behalf and will do so.

We can also help you after the final judgment is entered. Anything having to do with your child can be modified under certain circumstances, such as parenting time, holiday schedules, decision-making authority, and other matters involving your child.