Divorce

Child custody disputes - whether as part of divorce proceedings or a legal action between unmarried parents - have long-lasting ramifications for parents and children.  Custody litigation can be financially and emotionally taxing to the participants and children, but with proper legal representation, you can take steps to help minimize the negative impact.

Simon Hotz Law, LLC, firmly believes that custody disputes are most effectively resolved when parties can work together to resolve their differences by agreement. We will help you to understand your parental rights and work with you in developing thoughtful solutions that not only protect your and your children’s interests, but also keep to a minimum the expense and acrimony that can build quickly between parents. 

Unfortunately, not all situations can be resolved amicably. If reaching an agreement with the other party is not possible and it becomes necessary to have a judge rule on the issues, Simon Hotz Law, LLC has extensive courtroom experience to implement litigation strategies focused on achieving desirable results in your case.

Even though parents may end a dating/marital relationship, they still share a bond as their children grow. After a break up, the ongoing connection between parents and their children remains important, and both parents must communicate with each other to provide input on major decisions affecting the children - this ongoing relationship lasts child at least until that child becomes an adult (if not longer).

Simon Hotz Law, LLC helps clients with children understand the different approaches to parental decision-making allowed under Illinois law. We provide advice on the likelihood of success of joint decision-making in any given situation. Further, we advise clients when it may be more appropriate to push for the ability to solely make important child-related decisions.

To better ensure an ongoing relationships between parents and their children, Simon Hotz Law, LLC assists clients in the development of a fair, appropriate parenting time (visitation) schedule.

Although we strive to help clients amicably develop, negotiate and implement a parenting plans to meet their and their family’s needs, when parents are unable to agree upon a parenting schedule or how to allocate decision-making responsibilities, having experienced attorneys such as Simon Hotz Law, LLC advocating on your behalf in court can make a tremendous difference in the outcome of the case. 

Maintenance (formerly known as “alimony”) is the court-ordered financial obligation of one spouse to pay support to the other spouse. It can be required as part of a divorce settlement if one spouse will be unable to support himself or herself in a lifestyle similar to what he or she enjoyed during the marriage.

Whether maintenance is appropriate is determined on a case-by-case basis. The court has considerable discretion in determining whether maintenance should be ordered. If maintenance is awarded, the court also has discretion to either apply or deviate from statutory maintenance guidelines for the amount and duration of the support award.

Simon Hotz Law, LLC has experience representing both those who pay and those who receive maintenance. We represent clients not only at the time support is initially set, but also when it becomes necessary to review the maintenance award.

In most situations, Illinois law calls for guideline child support, calculated by looking at the net incomes of both parents, the number of children of the parties, and the amount of overnight time the children spend with each parent each year.

Courts have discretion to deviate from the guidelines when necessary to serve the best interests of the children. For example, if a child has a disability that result in extraordinary medical expenses, guideline support may not be sufficient to meet the child’s needs and the court may be required to set support higher than called for under the guidelines. Likewise, when a parent earns substantial income, it may be unfair to apply the child support guidelines if doing so results in an award in excess of what the child actually needs, in which case downward deviation from the statutory guidelines may be warranted. 

Simon Hotz Law, LLC assists clients in achieving the best possible child support outcome while ensuring that the needs of the children are met.

Property division during a divorce is not always as simple as dividing everything owned and owed by the parties in half.

During a divorce, it is necessary to discover the extent of each party’s assets and liabilities, as well as when and/or how those assets and liabilities were acquired. Simon Hotz Law, LLC utilizes any and all discovery tools, including subpoenas, requests for production of documents, and the like, to ensure an opposing party’s disclosure of assets and debts is complete.

Because the distinction between marital property (i.e., property acquired during the marriage, with some exceptions) and non-marital property (i.e., property acquired prior to the marriage, inheritances, gifts received, etc.) is not always straightforward, and since determining the values of property and debt can require more than reviewing account statements, working with a knowledgable attorney can mean the difference between getting a good deal and missing out on something to which you are entitled.

A negotiated settlement creates the best possible outcome in many instances, as it allows parties to tailor, through thoughtfully-considered terms, an agreement that considers the specific needs of the individuals involved.

Whenever appropriate, Simon Hotz Law, LLC puts its skills, experience and dedication to work to reach amicable resolutions to benefit clients. We firmly believe that successfully negotiated settlements not only reduce clients’ emotional stress, but also help to minimize a family’s financial exposure during the process of a domestic relations disputes.

Although most clients prefer resolving disputes by agreement rather than letting a judge deciding the outcome, this not always possible; sometimes, the court must make decisions concerning the litigants’ rights and interests.

When litigation is required, Simon Hotz Law, LLC gets the best possible results for clients by employing effective, tenacious pre-trial strategies and robust courtroom advocacy. Although it is never possible to guarantee specific results at trial, we use our extensive knowledge of the law and the local court systems to prepare clients for what to expect before, during and after the case. By being as prepared as possible, we hope to alleviate much of the anxiety that clients often experience when litigating family law matters.

The Illinois Domestic Violence Act protects men, women and children from several forms of abuse at the hands of “family members,” including married and dating couples, roommates, blood relatives, and persons with disabilities.

Simon Hotz Law, LLC possesses extensive experience in advocating for victims of abuse in court, and can help pursue protective measures to minimize the likelihood that such abuse continues. Similarly, we have helped individuals defend themselves in court proceedings against false claims of abuse.