What Is an Attorney Retainer Fee?

What is a Retainer?

Hiring a Divorce Attorney

When you hire an attorney for your divorce or other matters of family law, you may be required to make an upfront payment called a retainer. Your retainer helps to formalize the arrangement between you and your attorney, and it will be utilized to compensate your attorney for his or her time and efforts. Each month, the attorney will provide you with an itemized statement of each service rendered and the associated costs. These expenses are then automatically deducted from your retainer account. If there are funds remaining at the conclusion of your case, they will be refunded to you.

If you are asked to pay a retainer when you hire an attorney, it is important to remember that the retainer is still your money. The funds are placed into a designated account and are used to pay your attorney for legal services that he or she provides while handling your case. Many family law attorneys do require a retainer. If the costs of the services provided exceed the amount of your retainer, you may be required to make additional payments. In some cases, payment plans may be set up that will allow you to pay the costs of your divorce over time.

Compassionate DuPage County Divorce Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we generally do require the payment of a retainer in most cases. Our experienced attorneys understand that money can be tight, especially for a financially disadvantaged spouse going through a divorce. Fortunately, the law in Illinois provides for such a situation. If you are unable to hire an attorney because your spouse controls all of your income and assets, we can help you petition the court to order your spouse to provide the funds with which to do so.

Money is a serious concern for many people who are considering a divorce. While you may think that you cannot afford an attorney, the risks of proceeding without professional legal guidance are far too great. A single mistake could cost you tens of thousands of dollars or, worse, proper access to your children.

With our team on your side, you can ensure that all legal issues in your case will be handled correctly. We will make sure all relevant financial information is gathered, giving us a complete picture of your family's finances, including the property you own together with your spouse, any non-marital property owned by either party, the income you both earn, your ongoing expenses, and any other details that could affect your case. We will work with you to negotiate agreements regarding the division of marital property and determine whether spousal support will be a factor in your case. We will ensure that you fully understand the ramifications of the decisions you make and that you will have the financial resources you need going forward.

We can also provide invaluable assistance with matters related to child custody. We can help you make sure your parenting plan will meet all of the applicable legal requirements under Illinois law while protecting your children's best interests. We will also make sure child support is calculated correctly based on your income and your spouse's income while also taking various child-related expenses into account. Representation by a skilled attorney is crucial during your case, and we will work to help you complete your divorce as efficiently as possible.

Contact Our DuPage County Family Law Attorneys

To learn more about how our firm can help you with your divorce, contact our office. Call 630-665-7300 to schedule your confidential consultation at Mirabella, Kincaid, Frederick & Mirabella, LLC today. We are proud to serve clients in Wheaton, Naperville, Oak Brook, and the rest of DuPage County.

The Courts Divide All Marital Property 50/50, Right?

The Courts Divide All Property 50/50 in Illinois, Right?

DuPage County Lawyers Explain Property Division

When getting divorced, one of the most important issues to address will be how your marital property will be divided between you and your spouse. In many cases, divorcing spouses expect their assets to be divided exactly in half, with each party receiving an equal share. However, Illinois law does not require an equal split, and spouses are often surprised to learn that they could end up with less than half of their marital property. Understanding exactly how the law addresses the division of marital property is crucial to ensure that you can complete the divorce process successfully.

According to Illinois law, courts in divorce cases must divide property based on what is equitable and not on an equal or 50/50 basis. There are many factors that are considered by the court when addressing these issues, and our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help explain what you need to know in regard to your property being divided following your divorce. We can advocate on your behalf throughout the divorce process, helping you reach agreements that will be fair and equitable and ensuring that you will have the financial resources to support yourself in the future.

What Is Equitable Division of Marital Property?

When the law says "equitable," it means what is fair under the circumstances of the divorce. Factors the court may consider include the non-marital property of each party, the age and health of each party involved, as well as the income of you and your ex-spouse. Depending on these factors, property division may involve 60/40 or 70/30 splits or possibly even all property being allocated to one of the spouses. Although this is not always the case, there have been instances where courts have come to the conclusion that 50/50 or equal division of property turns out to be what is fair and equitable for both parties. According to Illinois law, it does not matter what happened to cause the divorce, such as "marital misconduct." The courts do not divide property or debts based on whether either spouse was responsible for the end of the relationship. Instead, they will look at each spouse's circumstances, their financial resources, their ongoing needs, and any other relevant issues to determine an outcome that will be as fair as possible for both parties. In general, the only forms of misconduct that may be considered will involve the dissipation of marital assets, which occurs when one spouse uses marital property for their own personal purposes that are unrelated to the marriage. Dissipation must have occurred after a couple's marriage had begun to break down beyond repair, and it may include using money to have an affair, to pursue addictions, or to make purchases that would only be used by one spouse rather than any other family members. It may also include purposely wasting money or destroying property in an attempt to hurt the other spouse. When making decisions about how much property will go to each spouse, the court may consider whether one of the spouses has financial commitments to a previous spouse or children from a different relationship. Decisions about child custody may also play a role in dividing property, such as by ensuring that a parent who will have most of the parenting time will be able to continue living in the family home.

Contact a DuPage County Property Division Lawyer

There are a number of factors that can play into the division of property during your divorce. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC to set up an appointment with our attorneys. We can guide you in making decisions on property division, parental responsibility, spousal maintenance, or any other divorce-related legal questions you may have. Our office is located in Wheaton, Illinois, and we have assisted families for decades in the DuPage, Kane, and Kendall County areas. Call us at 630-665-7300 so that we can get started on your case today.

What Does Irreconcilable Differences Mean?

What Does Irreconcilable Differences (I/D) Mean in Illinois?

DuPage County Family Law Attorneys Assisting You With Your Divorce

When a spouse initiates the divorce process, they will file a petition for dissolution of marriage. This petition will provide the grounds for divorce, which are the reasons why the spouse believes divorce is necessary. While there were a variety of different types of grounds that could be included in divorce petitions in the past, Illinois law now only recognizes one grounds for divorce: irreconcilable differences.

The definition of irreconcilable differences, or I/D, is when a marriage has broken down to the point where it simply cannot be saved anymore. Why is this important? Under Illinois law, irreconcilable differences is the only basis for divorce that is acknowledged by the courts. Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can assist you in showing the courts that irreconcilable differences have occurred in your marriage so that you may petition for divorce. We can provide you with dedicated representation throughout the entire process of ending your marriage, ensuring that all legal issues will be addressed correctly while advocating on your behalf during negotiations with your spouse or inside the courtroom.

Understanding Irreconcilable Differences

In order to show that your marriage should end due to irreconcilable differences, you must state that any previous attempts at reconciling have not only failed, but also that any further attempts to do so would not be practical. You may also point out how continuing to attempt reconciliation may not be best for the rest of your family. There are some cases where one of the spouses may try to challenge whether there are irreconcilable differences. However, in most cases, if one person wants the divorce, it will be granted by the court. There are certain presumptions that may apply in cases where questions arise about irreconcilable differences, including when determining whether couples who have been separated for a certain period of time can proceed with a divorce. If a separation has lasted for at least six months, this is considered irrefutable proof that irreconcilable differences have arisen. To be clear, however, there is no current Illinois law stating that the parties have to live separately for any length of time before a divorce can be granted. By limiting the grounds for divorce to irreconcilable differences, Illinois law has attempted to reduce some of the conflict that may occur in divorce cases and allow couples to dissolve their marriages more quickly and efficiently. Since neither spouse will be blamed for the end of a couple's marriage, a couple can avoid disputes over why the divorce is occurring. With no-fault divorce, a spouse will not need to prove that their marriage should end for any reason other than the breakdown of their relationship, and they can focus on resolving the practical aspects of their split, including how they will divide their marital property, how they will handle child custody, and whether child support or spousal support will be paid by one spouse to the other.

Contact Our DuPage County Divorce Lawyers

If you have any questions or concerns in regard to petitioning for divorce, please feel free to contact our office at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our decades of divorce and family law experience can help fill in any blanks you may have during this process. If you live in DuPage, Kendall, or Kane Counties, please call us at 630-665-7300. Set up an initial consultation with one of our attorneys today.

What if My Spouse and I Have a Prenuptial Agreement and Want a Divorce?

What if My Spouse and I Have an Illinois Prenuptial Agreement and Want a Divorce?

DuPage County Divorce Lawyers for Prenuptial Agreements

If you are planning to get a divorce, you and your spouse will need to resolve a number of legal, financial, and practical issues. If you have a prenuptial agreement, this may make the divorce process somewhat easier, since your agreement may have already made certain decisions about issues such as the division of marital property or spousal support. However, you will need to understand the role that your prenup will play in your divorce and how its terms may affect the decisions made in your divorce decree or judgment.

Before your and your spouse's prenuptial agreement can be enforced, it needs to be inspected for validity and enforceability. In some cases, some or all of the terms included in an agreement can be challenged in one form or another. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist you whether you are calling your prenuptial agreement into question, need to enforce the terms of your agreement, or want clarification when creating a prenup before getting married.

Addressing Prenup-Related Issues

Prenups can be challenged under what is called the Illinois Uniform Premarital Agreement Act. Prenuptial agreements may not be enforceable or valid in certain circumstances. Even if a prenuptial agreement is found to be valid, issues may arise related to whether certain types of marital assets were addressed by the agreement. A common issue that occurs is the failure to fully address assets that were acquired before or after the date of marriage. This is just one of many possible problems that couples may encounter as they determine how the terms of a prenuptial agreement will apply when dividing marital property during divorce.

When Will the Court Refuse to Enforce a Prenuptial Agreement?

A prenuptial agreement may be found to be invalid if both spouses did not voluntarily agree to its terms. A spouse may challenge an agreement on the basis that they were coerced into signing by their spouse, such as through last-minute threats that a person would not go through with the marriage unless the agreement was signed. An agreement may also be invalidated if it is unconscionable, meaning that it is very unfair and awards a disproportionate amount of marital assets to one spouse. However, the invalidation of a prenup based on unconscionability will generally only be allowed if one spouse did not fully disclose all of their income, assets, debts, and other financial information to the other spouse before the agreement was signed.

Contact a DuPage County Prenuptial Agreement Lawyer

Even if it seems like you and your spouse thought of everything during the legal planning process before your marriage, there are still circumstances where a prenuptial agreement may be challenged. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have been assisting clients during divorce and family law cases for decades. We understand the sensitivity and the knowledge required to provide the best representation. If you have questions regarding your prenuptial agreement, please contact us so we can set up an appointment. Whether you live in Kendall, Kane, or DuPage County, please give us a call at 630-665-7300 so we can help you right away.