Attorneys and Counselors at Law
205 West Randolph Street, Suite 950 Chicago, IL 60606
Telephone (312) 263-5445
(24 hours)

Welcome to Barry L. Gordon & Associates, Prof. Corp. We are located in the heart of downtown Chicago (Chicagos Loop). We are a mid-size law firm concentrating in Family Law. We concentrate in Dissolution of Marriage, Custody, Visitation, Child Support, Maintenance (alimony), Property Matters, Domestic Violence, including physical and sexual abuse, Guardianship, Child Protection, Paternity, and Adoption.

20% for 1 child
28% for 2 children
32% for 3 children
We have been practicing in this special area for over 30 years. Our staff includes 5 Associate attorneys, each with over 15 years of Family Law experience. Below are divorce procedures and there is a list of the issues that must be decided between you and your spouse if you are to have an agreeable divorce. Child support in the State of Illinois for one child is 20% of the net salary, for two children 28%, and for 3 children 32%. Custody in Illinois could be sole custody (spouse having sole custody, makes all decisions) or joint custody (both parties shall share all major decisions regarding the minor children, but the children reside with only one parent).

Presented By:
Barry L. Gordon & Associates, Prof. Corp
Attorneys and Counselors at Law
205 West Randolph Street, Suite 950 Chicago, IL 60606
Telephone (312) 263-5445
(24 hours)

DIVORCE ISSUES

Divorce
Issues

    • Contested (Parties unagreeable as to issues)
    • Uncontested (Parties agreeable as to issues)
    • We will have you divorced within 4 weeks upon the signing of agreement by the spouse.
    • Issues to be agreed upon are:
        • Which spouse gets custody and type of custody
        • Medical expenses of minor child(ren)
        • Visitation schedule
        • Child Support
        • Maintenance a.k.a. Alimony (undefined by law). Many factors are taken into account before determining the maintenance amount such as age, employability, health, work status, etc.
        • Division of property (marital and non-marital, including real estate)
        • Any and all marital debts.

If your spouse is agreeable to all issues, it would save you money and the trauma of going through a bitter divorce. We can also provide you with opportunities for a paternity and maternity test with our trusted DNA testing partner, Alliance DNA. We will bill you a flat fee for an uncontested divorce. Our wish is to make this as easy for you as possible. You will work with your own personal attorney from our office who will design a settlement agreement which will be fair to you and your spouse. If your spouse will not agree to all the issues, we will provide you with an itemized bill that will account for every minute we work.

UNCONTESTED DIVORCE

An agreement is reached and the attorney will produce the necessary paperwork for both parties to sign.

CONTESTED

There is no agreement between the parties and your spouse retains an attorney to represent him/her. An attempt to reach an agreement will be made. While a possible agreement is pending the parties wait in line for a trial date. If an agreement cannot be reached, the parties will proceed with the trial date previously assigned.

GROUNDS FOR DIVORCE

If the parties are separated for a period of six (6) months, and sign an Affidavit that they they have made every attempt possible to reconcile their marriage and that they have failed to do so, they can obtain a divorce without having to allege any grounds on behalf of either spouse. Separated from the bedroom and living in the same house is sufficient to meet the six (6) month requirement. This six (6) month requirement is called IRRECONCILABLE DIFFERENCES.

Other grounds for divorce would be, Mental Cruelty, Adultery, and so forth. Mental Cruelty is probably the most used when Irreconcilable Differences cannot be used.

Presented By:
Barry L. Gordon & Associates, Prof. Corp
Attorneys and Counselors at Law
205 West Randolph Street, Suite 950 Chicago, IL 60606
Telephone (312) 263-5445
(24 hours)

See Sample
Settlement
Agreement At End
Of Page

Procedures
and Your
Testimony

PROCEDURES
After a Settlement Agreement is reached between the parties, the matter is set on the Judges Trial Call for a hearing date on a specific day. Only the spouse who has filed for divorce needs to appear. The spouse that has filed for the divorce will testify that the Agreement was fair and reasonable and will testify as to the highlights of the Agreement. The testimony would take normally no longer than ten (10) minutes. Most Judges will grant the divorce on that particular day. Parties can remarry immediately after they are divorced. There is no waiting period.

Sample Settlement Agreement

THIS AGREE MENT, made this day of , 2000, by and between
Wife, of the City of Chicago, County of Cook, and State of Illinois,
(hereinafter referred to as the "wife") and husband of the City of
Chicago, County of Cook, and State of Illinois, (hereinafter referred
to as the "husband").

WITNESSETH:

WHEREAS, the husband and the wife are married to each other
but have ceased living with each other as husband and wife because
of their marital differences; and

WHEREAS , of said marriage two children were born, namely:
Charles, age 10 born June 9, 1989, and Joseph, age 9 born June
5,1998. No children have been adopted by the parties and the
wife is not now pregnant.

WHEREAS , the wife has filed against the husband an action for
Dissolution of Marriage in the Circuit Court of Cook County,
Illinois, County Department, Domestic Relations Division and
known as Cause No. 00 D 4652 and entitled In Re: The Marriage
of Wife, Petitioner, -and- Husband, the Respondent in this cause
is pending and undetermined.

WHEREAS , the wife has retained the legal counsel of
Barry L. Gordon & Associates, P.C., and the husband has filed
a Pro Se Appearance.

  1. NOW, THEREFORE,

for and in consideration of the
foregoing in the sum of TEN ($10.00) DOLLARS in hand
paid,, the parties do hereby freely and voluntarily agree by
and between themselves as follows: This Agreement is not
one to obtain or stimulate a Dissolution of Marriage.

  • Both the husband and the wife reserve the right to prosecute
    or defend any action for Dissolution of Marriage which he or
    she may hereinafter bring or hereinafter defend.

  • The wife hereby waives any maintenance of any kind past,
    present and future. The husband hereby waives any
    maintenance of any kind past, present and future.

  • The wife shall have the care, custody,

    • control and education
    of the minor children.

  • The husband shall pay the sum of $200.00 per pay period
    (every two weeks) for the support of the minor children.
    (25% in Illinois)

  • The husband's obligation to pay child support shall cease upon
    the earliest of the following events:

    • Death of the child/children
    • The child becoming l8 or completing high school
    • education whichever is later
    • The child goes into the Armed Forces;
    • The child maintains a full time residence away from the home;
    • The child's marriage.

  • Both parties agree to contribute to the college education
    of the minor children based upon Illinois Statute.

  • The husband shall visitation Friday 6:00 p.m. to Sunday
    7:00 p.m. and alternateHolidays during the year.

  • The husband shall take the minor children as a deduction
    on his Federal andState Income Tax Returns.

  • The husband shall purchase major medical insurance for
    the children.

  • Both parties shall split any medical expenses for the children
    not reimbursedby the insurance company.

  • The wife waives her interest as she may have in the husband's
    retirement plan.

  • The husband waives his interest in the wife's retirement plan.

  • The house shall be sold and the net proceeds shall divided
    50% to the wife and 50% to the husband.

  • The net proceeds shall be defined as the sales price less
    all mortgages, and liens,reasonable attorneys fees, brokerage
    commissions and all closing costs.

  • Both parties shall agree as to the Broker.

  • The husband shall be awarded the l997 Buick automobile
    and the husband shall be responsible for paying it off.

  • The wife shall be awarded the l998 Chrysler automobile
    and the wife shall be responsible for paying it off.

  • The husband is responsible for the following debts:

    • Sears
    • J.C. Penny's
    • Target
    • Dr. James Rhodes.

  • The wife shall be responsible for the following debts:

    • Sax Fifth Avenue
    • Lord and Taylor
    • Dr. Melvin Oyer

  • Each party shall be responsible for any bills they incur in their
    own name as of the date of separation:

  • Each party is responsible for their own medical expenses.

  • The husband shall be awarded the furniture listed in
    Exhibit "A" attached.the wife shall be awarded the
    furniture listed in Exhibit "B" attached.

  • The party's do hereby relinquish, release waive and forever quit
    claim and grant to the other, his or heirs, personal representatives,
    and assign all rights of dower, inheritances, descent, distribution,
    community and all other right, title, claim, interest and estate by
    husband, wife, widow or widower, or otherwise by reason of the
    marital relationship existing between said parties hereto..

    • IN WITNESS WHEREOF , the parties hereto have hereunto
    set their hands and seals the day and year first above written.

    The day and year first above written


    X________________________
    HUSBAND

    SUBSCRIBED and SWORN to
    before me this _____ day
    of_______________, 2000.


    X________________________
    WIFE

    SUBSCRIBED and SWORN to
    before me this _____ day
    of_______________, 2000.


    (     NOTE: Some divorce cases have many more issues
    that have to be incorporated, ie: bank accounts, loans
    buyout of equity in the house, etc.)

    		Barry L. Gordon & Associates, Prof. Corp
    Attorneys and Counselors at Law
    205 West Randolph Street Suite 950
    Chicago, IL 60606
    Phone: (312) 263-5445 Fax: (312) 263-1240