Category Divorce

Buy or Sell a House While Going Through a Divorce?

Deciding to sell or buy a house when going through a divorce can be a challenge. An article recently shared on The Washington Post explains that in divorce, it is easy to become attached to assets, especially a home. However, that emotional attachment may not lead to the most financially responsible decisions. Inspired by the article, below I offer you questions to consider and the steps to take before making a decision to buy or sell a house when going through a divorce.

Questions to ask yourself

  • What does your situation look like from a financial perspective?
    • By assessing your divorce through a financial perspective, rather than an emotional perspective, you will be able to set yourself up to make a responsible decision.
  • Are you emotionally attached to your property?
    • Going through a divorce is naturally an emotional process. However, by assessing your situation only through an emotional perspective, you could be blind to the other factors that will negatively impact your situation once the divorce has been settled.
  • If you sold the property, what would you do with the money?
    • For instance, developing real estate can be an expensive task, and by selling your home, you might be able to find another property that does not have the emotional ties your current one has. This will allow you to potentially save money if the newer property is cheaper.

Steps to take when deciding to buy or sell a house

  1. Tally up your assets (real estate, investment accounts, each spouses’ 401(k), retirement accounts, and other miscellaneous assets – artwork, carts, cash, etc.);
  2. Determine if you would be better off by receiving the cash from selling your home or by depending on the estimated value of your property;
  3. Consider the costs of your divorce attorney and tax preparer when they are offering you support throughout the decision – if it becomes a long fight between yourself and your spouse, you may end up paying fees that could be similar to the profit of selling your home.

Frequently, individuals do not take enough time to carefully weigh their options through a financial perspective to ensure the correct decision is made when settling a divorce. By considering the questions and taking the steps above, you will be setting yourself up for financial success. If you are going through a divorce and contemplating selling or buying your home, please contact me for further assistance.

 

ABOUT ERIN BIRT

Illinois attorney Erin Birt is a skilled legal professional with over thirteen years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes for her clients in divorce mediation and family law mediation that work for all parties involved. In addition to a gentler way to divorce, Erin prioritizes assisting her clients to make responsible, sustainable financial decisions when going through a challenging process.

Ms. Birt holds a J.D. from DePaul College of Law, and is a certified Alcohol and Substance Abuse Counselor. She is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

Do You Need A More Private Divorce?

Our new 2017 website was created to enhance client options for a more private divorce. Check out below how our firm makes your privacy a priority.

VIEW WEBSITE ANYWHERE

Our new website is now compatible with any device: smart phone, tablet, laptop, computer. You can view our site privately and easily anywhere you feel comfortable. Our blog can help you privately gather information for your divorce and our attorney can help you achieve your legal goals in-person or virtually.

VIRTUAL SERVICES

You lead a busy life.  It can be hard to make in-person appointments with your attorney without informing work or your spouse.  Our divorce attorney is now available to serve you privately as a Virtual Attorney.

PRIVATE CLIENT PORTAL

You shouldn’t have to use your work or personal email during your divorce.  We offer our clients a secure client portal for sharing documents, invoices, and appointment reminders. You can also pay your invoice through the portal or via our contact page.

We know our clients have limited time due to work, children, or family obligations.  Now you can view our website or access your private documents when it is convenient for you.  We look forward to our how our new website, services, and secure client portal will improve the divorce process for our clients. To learn how our attorney can best work for you, contact us today.

ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over thirteen years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.  She also serves clients in Cook County, Kane County, Kendall County, and Will County.

Erin opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

Why Fighting Can Actually Be Productive In Divorce Mediation

For many people, divorce mediation can be helpful at opening up channels of communication between parties to air their individual thoughts, desires, and expectations.

It can also provide the opportunity for either party to air specific feelings of sadness about the divorce, fears about the future, and anger at their partner for past hurts large or small.

That last one often can include some pretty explicit and creative name-calling, which isn’t necessarily a bad thing, says Dan Simon in a recent blog on Mediate.com. Below are some of Dan’s reasons why mediators and couples should be open to this strategy in mediation.

  • IT’S QUITE POSSIBLY THE TRUTH. “Mediation can be an opportunity for parties to speak their truth, to name reality as they see it. After having been perhaps horribly mistreated by the other party, the opportunity to tell them what they really think of them is an essential part of a process that’s intended to meaningfully address the conflict,” says Simon

  • IT CAN BENEFIT THE NAME-CALLER. According to Simon, once the naming party gets it off his or her chest, so to speak, in the presence of the mediator, it’s quite possible they can then calmly discuss other key aspects of the divorce process such as property division or child support.

  • IT CAN BENEFIT THE PERSON BEING NAMED. “The namee may become more aware of just how angry the namer is; they may gain insight that the namer is out of control, which might inspire the namee’s compassion; the namee might reflect more deeply on their own behavior that inspired the namer.” It also allows the namee to decide whether to sit there and take it or respond in kind with the mediator there for support.

In Simon’s view, “Mediation is supposed to be about self-determination.” This includes both parties being able to engage each other, say what they need (or want) to say, and even walk away when it suits them.

Parties using divorce mediation generally want the best results for everyone involved. That’s why they chose to mediate. If it takes some name-calling to reach that end, couples should be open to experiencing it and mediators should be ready to let it happen in that safe space they provide for their clients.

As an experience divorce mediator, I can help you successfully work your way through all aspects of this process. Contact me for more information.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

 

Safe And Stress-Free Child Custody Exchanges

Post-divorce child custody exchanges can be happy, peaceful, awkward, or downright horrible, depending on the relationship or issues between you and your ex-spouse. Family mediation might be needed in very difficult situations, but here are some general tips to make the swap easier on everyone.

CHOOSE A NEUTRAL SITE

To reduce stress on all involved—especially the children—child custody exchanges are often done on neutral ground rather than at the home of either parent.

Some potential public places for a custody exchange after divorce include:

  • Your child’s school or daycare
  • A large department store such as Target, Walmart, or Sears
  • The local grocery store
  • McDonalds, Burger King or other restaurants in your area
  • The parking lot of your city’s police station or fire house

Any public area will generally have other people and/or security cameras close by, ensuring that everyone remains on their best behavior during the exchange.

Families in DuPage County, Illinois, might consider the DuPage County Family Center as an exchange site. If your divorce included mandated parent education, the Family Center provides programs to improve the relationships between parents and children.

SET SOME GROUND RULES

To make an already difficult situation a little easier, both parents can agree to certain tenets for the exchange.

One of the most important rules is consistently being on time. The site CustodyZen.com explains why this little thing can become such a big deal.

“Situations such as traffic congestion will happen from time-to-time, making a parent late for an exchange.  But when one parent is consistently late it can be disrespectful to the other parent. Furthermore, it can be very stressful for the children and escalate conflict. Repeated tardiness to custody exchanges may result in legal consequences such as being found guilty of custodial interference, a crime in many states.”

Another ground rule can be that one parent remains in the car or at a distance during the exchange if meeting face-to-face will create a quarrel. Again from Custody Zen, “Depending on the amount of conflict, driving to custody exchanges can often…escalate a parent’s frustration. If one parent remains in the car the other can assist with transferring the kids to the other vehicle.”

USE A THIRD PARTY

If all else fails, have a trusted third party make the exchange.

You can enlist a reliable family member or friend, and there are now professional “supervised visitation and exchange services” in many states. Two options are the Supervised Visitation Network and Family Wise. There is a cost involved for these services, and it’s critical to ensure that the person you hire is trained and certified for the role.

It may take a little effort to create a workable child exchange, but it’s important to allow children time to be with both of the parents they love—even when the parents no longer love each other.

Contact me to learn more about handling custody situations or other issues affecting your divorce.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

When To Consider An Uncontested Divorce

If you and your spouse mutually agree that it’s time to divorce—and you feel you can easily reach a consensus about important issues—an uncontested divorce may be the right choice for you. It’s fast, it avoids the courtroom, and it’s much cheaper than a “traditional” divorce.

THE CRITICAL ISSUES

According to DivorceNet.com, the critical issues of agreement for an uncontested divorce include:

  • Shared parenting time and responsibilities
  • Child support payments and duration
  • Spousal support (alimony) payments and duration
  • Property division
  • Allocation of marital debt

If you don’t see eye to eye in all these areas, you can still attempt an uncontested divorce but you may need the help of a divorce mediator (less expensive) or an attorney (more expensive) to work out specific issues.

REPRESENTATION FOR JUST ONE

Writing on his site DivorceInfo.com, divorce lawyer Lee Borden explains legal representation in this type of divorce:

“The first thing you need to know about uncontested divorce is that the lawyer you get to do your uncontested divorce cannot represent both of you. As a society, we assume that the spouses in a divorce have necessarily different interests. The ethical principles for lawyers therefore require that a lawyer cannot represent both parties. The lawyer must represent one of you and not the other. The lawyer will need to know at the outset which of you is his or her client and which of you is not.”

It can take a bit of discussion and negotiation to determine who will be represented, but the non-represented party can safeguard their position with the help of a coach and/or through good research on the pros and cons of uncontested divorce.

WHEN IT’S NOT THE RIGHT CHOICE

There are some specific situations in which uncontested divorce is not the right option for either party. DivorceNet.com and DivorceInfo.com offer the following examples of when uncontested divorce should be off the table:

  • You have a complex life situation and/or major existing disagreement with your spouse.

  • Emotional or power differences exist between the parties. (This becomes very evident when only one spouse has legal representation.)

  • One spouse fears or has experienced domestic violence by the other spouse. (This party needs full legal representation.)

  • You and your spouse hold joint property titles or joint debt.

  • Your children have very unusual and specific parenting requirements.

Even when uncontested divorce isn’t the right alternative, consider using family mediation or collaboration to settle as many issues as possible out of court. This makes the process less emotionally and financially draining for everyone involved.

If you’re considering uncontested divorce, contact me to determine whether this or another option is the right one for your situation.


ABOUT ERIN BIRT

Illinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

Is Your Divorce Starting Before You Even Get Married?

Wave washes over heartSome divorces are a huge surprise to both the couple and their families. Other can be seen coming from a long way off, well before the wedding.

A recent Huffington Post article offered thoughts from counselors and divorce mediators on how to know whether you’re really ready for marriage.

Here are a few worth noting—and sharing.

  • KEEPING SECRETS – If you’re keeping secrets from your future spouse—about finances, substance abuse, certain friendships, or anything he or she should know—reconsider your marriage. The same is true if you know or suspect your partner is hiding things from you.

  • HAVING DIFFERENT MORALS/BELIEFS – While this can be overcome, it takes a great deal of work and compromise. If that sounds daunting, consider working with a counselor before you get married because these issues often cause marriages to fail.

  • THINKING YOU–OR MARRIAGE–CAN CHANGE YOUR PARTNER – The person you’re marrying will probably be the same pre- and post-marriage. If you don’t love the person for who he or she is right now—warts and all—you’re not ready for marriage.

  • FEELING SCARED ABOUT MONOGAMY – This is a conversation that should happen well before the wedding plans are made, particularly if you’re thinking about an open marriage. Visit a counselor separately or together to discuss commitment issues and put off the wedding until this is resolved.

  • SEEING DIVORCE AS AN EASY WAY OUT – Are you getting married thinking that you’ll just get divorced if things don’t work out? That’s a huge red flag that you’re not ready for the commitment of marriage. You can’t just walk away. Divorce involves issues of property division, child and spousal support, and financial planning, to name a few.

As a DuPage County Divorce Attorney, I know that divorce can be painful, expensive, and create emotional scars for everyone involved, especially children. However, if you find yourself on that road, I can help make it easier through mediation and collaboration. Contact me for more information.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

Choosing Between Mediation And Collaborative Divorce

Confusing signIn many of my blogs, I discuss how mediation and collaboration are effective divorce planning alternatives compared to court-room litigation.

While both are inexpensive compared to litigation, these are actually two very distinct processes, and it’s important to learn about each one in order to choose the best solution for your situation.

The information below is excerpted from a Divorcenet.com article by attorney Emily Doskow.

PLUSES OF MEDIATION

  • With divorce mediation, the only people necessary for the process are the mediator, you, and your spouse. You can pull in other professionals if desired, but it’s not required.

  • Mediators do not decide your case; they help you and your spouse to find solutions acceptable to all parties.

  • You have unlimited input on your case because you work directly with the mediator to determine the process and details of your divorce.

  • Since only three people are involved for the most part, mediation can be more cost-effective and time-saving than collaboration. You’re not trying to schedule and pay for the time of attorneys or other professionals.

  • Some states require confidentiality agreements for the mediation process. This is currently not required for collaborative divorce in any state. If you’re in a state where confidentiality laws exist and it’s important to you, mediation might be the better choice.

POSITIVES OF COLLABORATIVE DIVORCE

  • In a collaborative divorce, each spouse is represented by a collaborative attorney and these attorneys guide all facets of the case, making this process right if both parties want a divorce lawyer to look out for their specific interests throughout the case.

  • Couples struggling with communication issues or animosity often feel better having an attorney who can help them communicate more effectively or speak for each of them when needed.

  • Spouses and attorneys meet together to discuss issues, with the attorneys taking the lead.

  • The attorneys will advise the parties when they feel other collaborative professionals are needed to help resolve issues, freeing the spouses from making that decision.

  • At the outset, attorneys and spouses sign a “no court” agreement to help ensure the divorce is settled without litigation.

SOME DOWNSIDES OF EACH PROCESS

As with any type of practice, both mediation and collaborative divorce have disadvantages.

Says Doskow, “The primary downside to collaboration is that if it doesn’t work, your collaborative lawyer is required to withdraw, and you have to start all over with a new lawyer and possibly new experts and advisers. This means a lot of expense and delay while you get your new lawyer up to speed and retain new professionals.”

If mediation fails, you may also have to start over and will lose any money you’ve already spent on the process. “If you are concerned that mediation might not work, you should be sure you hire a consulting attorney who can go the distance with you,” suggests Doskow.

These are two very sound options for a more “reasonable” divorce process, but get all the information you can before making your choice. Contact me to learn how my practice supports both of these divorce processes and which one is right for you.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

Can Mediation Work In A High-Conflict Divorce?

conflict resolution strategiesDivorce itself is difficult enough. Add animosity and lack of cooperation into the picture and the process becomes lengthy, expensive, and sometimes emotionally destructive.

From a Huffington Post article by Conflict Resolution Specialist Elizabeth Esrey, here are some facts about high-conflict divorce and some tips to survive the challenges it brings.

SOME DIFFICULT AND DISTURBING FACTS

A high-conflict divorce is the most expensive way to separate from your spouse, mostly because of the on-going litigation that results from one or both parties’ unwillingness to compromise or openly discuss issues. Full-scale divorce litigation averages almost $78,000.

This type of divorce also has a documented history of violence associated with it. “Family courts pit couples against each other – especially in high conflict divorce cases,” notes Esrey, and she cites several examples of people who shot their spouses because of hostile child custody and visitation battles.

Fortunately, there are ways to prevent outright tragedy in the divorce process.

DIVORCE MEDIATION IS A VIABLE OPTION

Even though the conflicts may at first seem insurmountable, a skilled collaborative law attorney or mediator can help even antagonistic parties to work together toward positive outcomes for everyone involved.

It’s almost like hostage negotiations, according to Esrey. The negotiator (mediator) listens actively, treats all parties with respect, and keeps working at the process to produce the best possible results.

“Judges and lawyers typically don’t deal with the emotional aspects of divorce. Mediators help couples navigate the divorce process and reach agreements that are less expensive, more lasting and customized.” And both legal and non-legal issues can be put on the table in mediation.

YOU HAVE A CHOICE

You always have a choice in how you will handle your side of the divorce process despite what is going on around you. Even if your spouse is not willing to participate, having a mediator in your camp shows that you want to bring respect and dignity to the divorce proceedings and you understand how divorce mediation can beat litigation in resolving difficult issues.

No matter what kind of divorce you’re experiencing, I can help you find positive outcomes through mediation. Contact me for more information.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

Key Questions To Achieve The Goals Of Your Divorce

White conceptual keyboard - Legal advice (blue key)Hiring the right lawyer can be a critical decision in any legal matter, but it can be invaluable in your divorce planning–especially if the process will include some type of family mediation or collaboration.

In a recent article on Mediate.com, mediator Justin Kelsey outlines some effective questions to ask yourself about your desired outcomes as well as what to ask an attorney you’re looking to hire.

DETERMINE YOUR GOALS

According to Kelsey, you really should understand what results you want or expect before you meet with a lawyer/mediator. As he puts it, “If the lawyer doesn’t value or agree with your goals, then you are guaranteed to have a negative experience in your case.”

To that end, he suggests asking yourself:

  • What’s the most important issue you want to address?

  • Do you have certain outcomes in mind for specific situations like property division?

  • How do you hope your life will look when the legalities are over?

  • Do you have specific hopes/desires for other people involved in your case, especially in situations of child and spousal support?

  • Why are you deciding to work with an attorney, a mediator, or both?

ENSURE THE ATTORNEY IS A GOOD FIT

Once you know your own objectives, Kelsey advises that you find out if the attorney is right for your situation with questions like:

  • Do you understand and can you support my objectives?

  • What are some of the ways we could achieve my goals?

  • How would your role change if I hired you as an attorney/a mediator/both?

  • What are your strategies for conflicting situations, i.e. reducing tension versus obtaining the best outcome?

  • How will you handle disagreements we may have over the best way to achieve my desired outcomes?

“Going through any type of family dispute can be extremely stressful,” says Kelsey, “and you want to find an attorney that reduces that stress by understanding you and your goals.”

As an experienced divorce attorney and mediator, I understand how connecting with your goals is critical to making them happen. Contact me for more information on how I can help you achieve your desired divorce outcomes.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

Are Limited Scope Services Right For Your Divorce?

Day in CourtIf the cost of an attorney is keeping you from finalizing your Illinois divorce, Limited Scope representation could help you complete the process effectively without spending more than you would like or can afford.

In short, you’re hiring a lawyer to help you represent yourself.

HOW DOES IT WORK?

Choosing limited scope representation means that you will handle some the responsibilities of your divorce case while your attorney performs other tasks, and you are only billed for the things your attorney handles. Here are some examples.

  • Your lawyer would prepare certain pieces of evidence and you would present them in court.

  • You gather financial records or other data; your attorney drafts the paperwork for the court.

  • The attorney coaches you on appearing in court by yourself or just advises you on how to handle the simpler aspects of your case.

  • You draft certain documents and your divorce lawyer reviews/edits them.

There are a variety of options available based on your time and budget restrictions and your attorney’s advice for your specific case.

If you choose this type of service, take note. You must be ready to share all the details of your case with the attorney—including things you want to handle yourself as well as any issues you have with organization, negotiation, and public speaking. This avoids any complications arising later in the case that could require more of your attorney’s time and cost you more money.

WHAT CASES ARE BEST FOR THIS PROCESS?

Any case that is time-intensive, not overly technical, and/or has just a few issues that can be divided between you and your attorney is a good match. You’re paying for your lawyer’s time, so it makes sense to have him or her in a situation that uses time most effectively.

Family mediation and collaborative law cases often work well with limited representation for just this reason. You can choose to wait at court rather than paying your attorney to do so. That leaves your budget available for your lawyer to coach you on handling more law-intensive issues or to handle them for you if you’re at all uncomfortable.

WHERE CAN I FIND A LIMITED SCOPE ATTORNEY?

As a trained DuPage County Divorce Attorney, I can provide limited scope representation for your situation. Contact me for more details.

You can also contact your local County Bar Association for local referrals if our office is unable to assist you.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.