Establishing Paternity Provides Legal Parental Rights

A father's rights are something society too often tends to overlook. We often go above and beyond to ensure that a mother's rights are being met, yet we overlook the importance of the roll of the father.

In the state of Illinois, simply being the unwed father of a child is not enough to be legally recognized as the child's father. A father in this instance is known as the ‘putative father.' They are the probable biological father who is not married to the biological mother before the child is born and has not established the fact that he is the father in a court proceeding.

A putative father has no rights regarding the child until paternity is confirmed, which is why establishing paternity in this situation is of the utmost importance. For instance, the mother of the child is able to place the child for adoption without the notification or consent of the putative father. By not establishing paternity the courts are able to rule that you have permanently waived your parental rights. However, once paternity is established, the father has the same parental and legal rights as a divorced or married father.

The following are several reasons to pursue a paternity test in DuPage, Will Kane, and Cook counties:

• Sustain a legal father-child relationship.
• Add the father's name to the birth certificate.
• Protect the parental rights.
• Enable access to family medical information.
• Secure the child's benefits such as financial and medical support, Social Security, veteran's benefits and inheritance.
• Keep the child from leaving to a distant state to live.

Secure your parental rights with your child. Contact Attorney Vincent Ruggiero at 630-654-0044 or at ruggierofamilylaw.com for more in-depth information regarding paternity tests in DuPage, Will, Kane, and Cook Counties. 

What Are The Grounds For Divorce In Will, Kane, DuPage, and Cook Counties?

In Illinois a party needs to prove one of several grounds or that the spouses have irreconcilable differences, subject to certain terms and conditions, in order to enable a judge to dissolve the bonds of marriage.

The more common types of grounds are (i) extreme and repeated acts of mental or physical cruelty (ii) adultery (iii) habitual (over two years) drunkenness (iv) excessive controlled substance (drug) use (v) desertion (over one year) and (vi) commission of a felony.

However, if both spouses agree that (i) their marriage has irretrievably broken down because of irreconcilable differences (ii) past attempts to reconcile their marriage have failed (iii) future attempts to reconcile would be impractical and (iv) they have lived separate and apart for the immediate past six months or more, then they may divorce based on irreconcilable differences. If only one spouse agrees that the parties' differences are irreconcilable, then the parties must live separate and apart continuously for two years. "Separate and apart" does not necessarily mean under separate roofs. It is possible to live separate and apart under the same roof where the spouses no longer hold themselves out as a married couple (e.g. he does not cook for her, she does not do laundry for him, they do not spend vacations or holidays together, and their sexual relationship has ended, etc.).

There is really no economic advantage to alleging a particular type of ground, and typically no reason to make a public record of a private act that is not criminal. Therefore, irreconcilable differences is the most common reason alleged in a divorce case.

Contact Attorney Vincent Ruggiero at 630-654-0044 or at ruggierofamilylaw.com for more in-depth information regarding divorce in DuPage, Will, Kane, and Cook Counties.

Information Regarding Child Custody In DuPage, Will, Kane, And Cook Counties

Divorce can be a nasty and bitter experience. Its effects can be felt for years, even a lifetime. For children, it is just as difficult. Sometimes feuding couples inadvertently harm their children by making attempts to harm each other. Especially in the case of child support.

Child custody laws were put into place to assure that a child who is the product of unmarried parents or a divorce can best be accommodated until the age of 18. In an effort to hurt one's former spouse or partner, a person may attempt to use child custody as a means of leverage. It's never a good idea for either party to use child custody with ill intentions.

Contact Attorney Vincent Ruggiero at 630-654-0044 for information regarding child custody in DuPage, Will, Kane, and Cook Counties. We will help you through the legal bureaucracy and make sense of it for you. In a trying time like divorce, ensuring the best situation possible for our children is paramount above all issues.

The Advantages Of Signing A Prenuptial Agreement In The State Of Illinois

When we open up a business partnership, we ought take into account all possibilities, including dissolution. Some don't seem to do the same diligence before getting married. While half of all marriages end in divorce, between five and ten percent of those signed prenuptial agreements. Many regard such an agreement as anticipating failure. The same logic could be applied to life insurance. Are you anticipating dying an untimely death by getting it? The answer is usually "no." With a prenuptial agreement, you are simply taking proper precautions in the unfortunate event it dissolves. And when there are children from a prior relationship involved, it is also quite important to define what each future spouse feels is fair in the event the "what if" occurs.

There is no romantic way to pop the "Will you sign a prenup?" question -- though offering to sign a prenup is generally well-received by the party whom is more likely to want the prenup. Regardless, with the help of an attorney the process can be far less detrimental than the one you could go through if you didn't sign one.

Gone are the days when the prenuptial agreement was meant to safeguard a wealthy spouse from their fortune being siphoned by a party with less than good intentions. Now, both men and woman contribute equally and both are coming into a marriage with assets they would like to maintain in the event of a divorce, especially if they have children or a family business or a livelihood and customers they want to protect from the intrusion of over-zealous divorce attorneys.

Know this, there are very poor prenuptial agreements out there, and outstanding documents as well. If this subject is important to you, it is downright silly to not obtain a customized and personalized agreement, drafted by an experienced practitioner.

If you are engaged to be married and haven't considered a prenuptial agreement, contact Attorney Vincent Ruggiero at 630-654-0044 for information regarding how you and your partner can benefit from prenuptial agreement in DuPage, Will, Kane, and Cook Counties.

Paternity In DuPage, Will, And Cook Counties

Vincent Ruggiero has represented mothers, fathers, grandparents and children in over a hundred paternity cases - whether those cases have been contested or uncontested. Paternity law is based largely on the divorce law of Illinois when it comes to custody, support, day care, visitation, and legal fees. Fast and efficient results are imperative in this area of the law, and it takes a person with aggressive perseverance to obtain fair results. Action that is taken in these cases early can define the financial or relational stability with the child for decades, and when the stakes are that high, such things should be entrusted only to a professional with a proven track record of success.

Some Differences Between A Separation, A Legal Separation, A Divorce, And An Annulment

If you are contemplating the end of your marriage, you may be left with many questions. "What are the differences between a separation, a legal separation, a divorce, and an annulment?" may be some of them.

For example, just because you are physically separated (e.g. living in separate dwellings), even with a divorce pending, it does not mean you are "legally" separated. You're just living "physically" separated.

A physical separation can be used as a cooling off period or a precursor to divorce. Legal documents are not filed. This time can be used to resolve problems in the relationship or an opportunity to reassess without taking a legal route.

A legal separation is a time for you to protect your interests until the decision to file for divorce is made. During this time spousal maintenance and child support can be awarded, visitation and custody can be established, and property can even be divided. Legal separation can also be a viable solution for spouses hoping to maintain the benefits of being married. It is also an option for people that choose not to divorce for religious reasons. Legal separation would tie up all of the legal loose ends while the bonds and benefits of matrimony stay intact. Sometimes a legal separation is used to protect the assets of one of the spouses (e.g. when the other spouse might be sued for negligence), or to provide medical insurance when the parties want to divorce, but do not want to move on to another relationship, but one of the parties really needs health insurance provided from the other spouse.

The issues addressed during the divorce process can be the same as a with a legal separation. In a legal separation both parties can lead relatively separate lives and may even choose to date others, however they are not legally able to remarry, unlike with divorce.

An annulment is a legal proceeding to deem a marriage invalid. It is actually called a petition to declare the marriage invalid, not "annulment, which is usually the term church's use to annul the marriage in the eyes of God. It is important to know that only some marriages qualify. Once a marriage is annulled, it's as if it never happened. There are conditions a marriage must meet in order for an annulment to be granted. Conditions for an annulment in Illinois include: a party was a minor at the time of the marriage and did not have the consent of a parent, guardian, or judicial approval; a party was in an existing marriage at the time of the marriage; a party lacks the ability to consummate the marriage and the other party was unaware; at the time of the marriage ceremony, a party lacked the capacity to consent due to mental incapacity, or was prompted to enter the marriage by fraud or force.

Choosing which path to take during this difficult time can leave your head spinning. Consult with knowledgeable Family Law Attorney Vincent Ruggiero at 630-654-0044 for assistance with your legal separation, divorce, and annulment matters in DuPage, Will, Kane, and Cook Counties.

Is My Property Considered Marital or Non-martial?

During a divorce proceeding, the court must determine which property is considered marital and non-marital in order to distribute it properly and equitably. Typically, property obtained by either spouse during the marriage is presumed marital property, and property acquired by either spouse prior to their marriage is deemed non-marital property. That said, this rule is not as black and white as one would think.

Just because property is listed in only one person's name does not necessarily make it non-marital property. Having said that, in some instances the way property is obtained and titled can make a big difference. Any property that was procured prior to the marriage could become marital property if it is co-mingled with marital property. One example would be if one spouse owns a home prior the marriage, then later on that home is refinanced in both spouse's names. The home could now be considered marital property, if sufficient marital funds (i.e. the earnings of one spouse are marital) pay down the mortgage and/or pays the real estate taxes and repairs for years.

While property accumulated during the marriage is ordinarily considered marital property (regardless of being in the name of just one spouse), this property can be considered non-marital depending on where the property came from. For example, a gift from one spouse to another, or an inheritance could be considered non-marital property (unless the inheritance is deposited into a joint bank account for more than a brief time).

If marriage is on the horizon there are some steps you can take to protect non-marital property. Do not place your spouse's name on property purchased before the marriage. Do not pay for repairs or restoration on inherited property, or property purchased before the marriage, from a joint bank account or with your marital earnings. Keep property you wish to protect separate, and be sure to keep very good records. A prenuptial agreement might be a great idea too.

Determining marital and non-marital property is complex. For more information specific to your situation, contact Illinois Family Law Attorney Vincent Ruggiero at 630-654-0044 for assistance with your Family Law matters in DuPage, Will, Kane, and Cook Counties.

The Surrogacy Law In The State Of Illinois

A Wisconsin case may set a new precedent for surrogacy policies across the country. The Supreme Court found that a surrogate mother's agreement to give birth to a child while terminating all birth rights is not enforceable.

This situation involves two couples that were friends. The one couple agreed to be a surrogate, being inseminated with the childless couple's sperm. Both parties had attorneys and agreed to a written contract where the surrogate mother forfeits any parental rights and custody. The couple receiving the child thought they had covered all of their legal bases, then issues arose when the surrogate mother changed her mind about giving up the baby.

The initial judge in this case ruled that the surrogate's parental rights could not be bound by such an agreement because it didn't meet the requirements for voluntary termination of parental rights. Later, a judge ruled that the biological father would retain sole custody of the child, with visitation rights to the surrogate. The case was sent to the Wisconsin Supreme Court after the biological father appealed the judgement.

The Supreme Court found that the original agreement between both parties must be considered when the case goes to trial in a lower court, however the surrogate's parental rights may still stand despite the contract.

Surrogacy laws across the country are complex and sometimes vague, and Illinois is no exception. Illinois surrogacy agreements only pertain to gestational surrogacy, not traditional (in traditional surrogacy, the surrogate is also the egg donor). In order to have a legal leg to stand on in Illinois, the surrogate mother cannot also be the egg donor. In this situation, the child is now three years old and legal battles are still ensuing.

For more in depth information pertaining to your specific case, contact Illinois Family Law Attorney Vincent Ruggiero at 630-654-0044 for assistance with your Family Law matters in DuPage, Will, Kane, and Cook Counties.

Who Qualifies To Receive Spousal Support In My Illinois Divorce?

Going through a divorce can leave you with many questions, mainly about your financial future. Fortunately, we're here to help. 

What is spousal support? 

Spousal support is a court-ordered provision for a spouse after separation or divorce. It is also referred to as alimony or maintenance.

Who qualifies to receive spousal support in my Illinois divorce? 

• In Illinois, courts don't observe fault in the determining of spousal support. They do however take into consideration:
• the length of the marriage;
• the age, emotional, and physical state of both spouses;
• the standard of living established during the marriage;
• both spouses' property and income, including marital and non-marital; 
• the financial obligations of each spouse;
• the earning capacity of the spouse requesting spousal support;
• any element that the court believes is fair and just. 

If both spouses are able to support themselves, the court may not award any spousal support, even in the case where one spouse out earns the other substantially. In that situation, the court may compensate the lower earning spouse by distributing more of the martial property to them.

Can I receive spousal support during the divorce proceeding? 
Yes, however Illinois courts won't decide on a permanent spousal support order until the divorce proceedings have ended. You may receive temporary support while the divorce is underway. The amount can be decided by both spouses. If an agreement cannot be reached, a judge can order one spouse to pay temporarily. This temporary order usually ends when the final judgement of divorce is reached.

How long does spousal support last? 
This depends on the situation. Short-term rehabilitative maintenance can last as long as it takes for a spouse to gain the necessary skills to become financially independent. Longer-term maintenance can be set for a time period then reviewed at a later date to determine whether it should continue as is, be decreased, increased, or terminated.

Can the spousal support schedule or amount be changed? 
It can. Alimony can be made modifiable or non-modifiable by spouses, if they agree. If they do not agree to make spousal support non-modifiable, the payment commitment terminates automatically when the spouse receiving support remarries, lives with a new partner, or dies.

For more in depth information pertaining to your specific situation, contact Illinois Divorce Attorney Vincent Ruggiero at 630-654-0044 for assistance with your spousal support matters in DuPage, Will, Kane, and Cook Counties.

What Not To Post On Social Media While Going Through A Divorce

Social media sites, such as Facebook, have become a tool we rely on daily for communication and entertainment. While social media has many benefits, it also poses a unique challenge when it comes to divorce and child custody issues. It is very important that whomever is going through these types of proceedings is aware that their own words posted on the Internet can be used against them in court.

The end of a marriage is an emotionally charged event, motivating some to vent on social media about their former spouse. However, you may want to think twice before you hit "post," you may have to explain yourself in court. Despite social media privacy settings, it is possible for information that you only intended for a secure group of people to be accessed by others not intended. For that reason, one should be cautious about how pictures and content could be misinterpreted or perceived.

Parties involved in a divorce look to their former spouse's social media accounts for information that can be used against them. The following are social media tips while going through a divorce:

• Posting false comments online could land you in hot water for libel. 
• Resist the urge to "check-in" places. While it may seem harmless at the time, check-ins at the local bar could affect a child custody hearing or a spouse's accusation that there is a problem with alcohol. If you're involved in an especially contentious divorce, or are being threatened with violence, you shouldn't advertise your whereabouts on the Internet. 
• Be sure to change your social media passwords. 
• Do not post any videos or photos you wouldn't want a judge or your former spouse's attorney seeing. 
• Avoid posting derogatory statements or photos of your former spouse. If it were to result in the loss of employment, you could be left paying the bigger price in the end. 
• Review what your friends post about you. Ask anyone to remove any damaging photos of you that are posted. 
• Posting content about "work being super busy" will cause major damage if you are claiming that you have no income. 
• Additionally, posts about major purchases, expensive dinners, and vacations won't help if you support your claim for spousal support or additional child support. 
• Deleting your social media account is a logical option if you are worried that you won't be able to resist posting certain information online. Beware, just because your account has been deleted it doesn't mean that past content can't be retrieved. 

For more in depth information pertaining to your specific case, contact Illinois Divorce Attorney Vincent Ruggiero at 630-654-0044 for assistance with your divorce matters in DuPage, Will, Kane, and Cook Counties.

Assistance With Your Divorce Matters In DuPage County

Each divorce can be as diverse as the people involved. Divorce is often quite complex. People get divorced for many reasons. There are psychological, emotional, and religious reasons for divorce, or divorce as a result of infidelity, dishonesty, and abuse. The age in which you are married can increase the likelihood of divorce as well as views on children. Sometimes people's priorities simply change.

One of the many common themes for divorce is a lack of trust. Couples who experience infidelity during their marriage have a tough time reestablishing trust in the cheating spouse. Any type of dishonesty in the marriage, especially about finances, can also be a contributing factor. An emotional divorce can occur when one or both partners detach themselves emotionally from the marriage. Most of the time the emotionally detached spouse is the one that initiates the divorce process. Since they are emotionally detached, they seek to become legally detached as well. Divorce as a result of religious beliefs is not uncommon today. One spouse may have a renewed sense of faith after years of living a relatively spiritually free existence. Differences in which religion to bring up children can also be a huge component. Emotions run high when a person's faith is involved, bringing vast differences in the relationship to the forefront.

Divorce isn't easy. After the death of a child and the death of a spouse, divorce is listed as the third most traumatic experience a person can go through. After divorce, people have to reestablish themselves financially, emotionally, and personally.

It can be easy to focus on your situation emotionally rather than logically. As a result, people can make poor decisions that may affect them legally and financially for years to come. Speak to an experienced family law attorney that will fight for your current and future interests during this difficult time. Contact Family Law Attorney Vincent Ruggiero at 630-654-0044 for assistance with your divorce matters in DuPage, Will, Kane, and Cook Counties.

What Is The Divorce Rate In The US?

Though the divorce rate is thankfully falling, still over 40 percent of marriages in our country end in divorce. A few speculative reasons why the divorce rate is lower as of late include the state of our economy, couples marrying later in life, fewer couples marrying, and the increase in cohabitation prior to marriage. [The paternity court call (which decides child custody and support for unwed couples) is growing enormously.] In 2011, there were 877,000 divorces (excluding data from California, Georgia, Hawaii, Indiana, Louisiana, and Minnesota), which is down about one percent from 2010.

According to the Centers for Disease Control and Prevention, 20% of marriages end in divorce within five years, 35% end in divorce within 10 years, 43% end in divorce within 15 years, and 50% of marriages end in divorce within 20 years. Even with those statistics, a married couple is still more stable than an unmarried couple cohabiting. The likelihood of a premarital cohabitation ending within five years is 49% compared to 20% for married couples. And 62% of premarital cohabitations end within 10 years, compared to 35% for married couples.

Even though our country's divorce rate is accurate, the statistical analysis ought not stop there. For example, couples between the ages of 20 to 24 have the highest rate of divorce and are twice as likely to get a divorce compared to couples who marry between the ages 25 to 29 years old.

Reasons for divorce differ just as much as the two people involved, so many factors come into play. For more in depth information pertaining to your specific scenario, contact Illinois Divorce Attorney Vincent Ruggiero at 630-654-0044 for assistance with your divorce matters in DuPage, Will, Kane, and Cook Counties.

Vincent C. Ruggiero, Esq.
Contested Divorce, Custody, Maintenance,
Property & Business Division - Lawyer 1984,
CPA, Certified Mediator, Former "Fellow"
Illinois Collaborative Law Institute
website: RuggieroFamilyLaw.com
office: 630.654.0044
fax: 630.654.0150

Ruggiero and Associates, About Us

Vincent C. Ruggiero is and has been licensed to practice law in the State of Illinois since 1984. He has practiced continually since his admission to the bar and devotes his full time to family law. He has provided legal assistance to many hundreds of divorce clients. His former experience in business (Bank Vice President, Real Estate Broker, Teacher), his litigation training at the highest level (Bell, Boyd & Lloyd, a nationally known and highly respected law firm with over 150 lawyers), and his personal life experiences uniquely qualify him in any case ranging from the most difficult custody or financial dispute to the simplest case in which the parties agree on every issue.

While many cases require litigation for resolution, often settlement can be achieved using novel approaches. For example, as a Fellow of the Illinois Institute of Collaborative Law, Mr. Ruggiero is on the cutting edge of this new approach to resolving divorce cases. Collaborative law is an emerging and cost-effective alternative to amicably settle a divorce case, and Mr. Ruggiero is one of relatively few attorneys in Illinois with a practice in this unique area of family law, explained more fully under the FAQ section of this website. Mr. Ruggiero is also a Certified Divorce Mediator, a registered Certified Public Accountant, and a member of the DuPage County Bar Association Family Law Subcommittee.

Areas of Practice:

• Divorce, Contested Custody, Alimony/Spousal Support, Trial Litigation, Business Valuations, Appeals and Prenuptial Agreements.

Certifications/Specialties:

• Certified Divorce Mediator, DuPage County Bar Association
• Certified Public Accountant, University of Illinois, 1981

Bar Admissions:

• Illinois, 1984

Education:

Illinois Institute of Technology/Chicago-Kent College of Law, Chicago, Illinois.

• Juris Doctor with Honors, June 1984
• American Jurisprudence Award, Advanced Civil Procedure
• William Friedman Memorial Scholarship Award
• Justinian Society of Lawyers Award
• Merit Scholarship Award
• Deans List

University of Illinois, Champaign, Illinois.

• Bachelor of Science in Accountancy, May 1981
• Certified Public Accountant
• Illinois General Assembly, Full-Tuition Scholarship
• Order of the Sons of Italy, Scholarship Award
• Phi Kappa Psi Fraternity, Scholarship Award

Published Works:

• Child Support and Business Expenses: Revising Section 505, DuPage County Bar Association Bar Brief

Classes and Seminars Taught:

• Divorce Law Lecturer, DuPage County Bar Association Mega-Seminar
• Real Estate Law Instructor, College of DuPage

Professional Associations and Memberships:

• Certified Divorce Mediator
• Illinois Institute of Collaborative Law, Fellow
• Illinois Licensed Real Estate Broker
• DuPage County Bar Association Family Law Subcommittee

Past Employment Positions:

• NLSB (Legal Advisor, Vice President of Commercial Loans, Trust Officer, and Compliance Officer) 1989 - 1994
• Taslitz, Smith & Hemmesch, 1988 - 1989
• Bell, Boyd & Lloyd, 1984 - 1988
• Goldberg & Geiser, (Income Tax Preparer) 1984
• Chicago Transit Authority (Paralegal, Law Department Litigation) 1982 - 1983

Why A Prenuptial Agreement Is Important In The State Of Illinois

When most people become engaged, planning their divorce may not be at the forefront of their wedding preparations... But it should be. Prenuptial agreements are not only for the rich and famous, they are also for anyone who has assets or future wealth to protect in the event the marriage ends in divorce or even death, because often a party has children from a previous relationship for whom an earned inheritance may be better ensured. Keep in mind too, that in today’s economy, an even more popular reason for a prenuptial agreement is to fairly divide debt that is incurred during the marriage, such as medical debt and student loans.

With a prenuptial agreement, you have control over your assets. Without one, you are at the mercy of Illinois state law, which is ever-changing, and judges that vary widely in discretion. During a divorce, a person may be surprised to find that one's own retirement account does not belong to them alone. This is when having a prenuptial agreement in the state of Illinois can be beneficial.

A prenuptial agreement is also beneficial in the instance one spouse remained out of the workforce to raise children. An agreement would ensure that the financial burden of raising children is fairly shared by both parties since there would be a great discrepancy in the income during the marriage.

Other reasons a prenuptial agreement is a necessary part of marriage:

• To protect a partner that is significantly more wealthy. 
• Conversely, it can also protect the spouse that earns significantly less. 
• If this is not your first time down the aisle your financial and legal concerns will likely be very different this time around. You may already own a home, have children from a previous marriage, or have significant assets. 
• A prenuptial agreement is beneficial in ensuring that when you pass away, your assets are distributed the way you see fit. 
• If your partner has a high debt load and you don't want to be responsible for these debts if the marriage ends, a prenuptial agreement is also called also for. 
• If you own a business and do not have a prenuptial agreement between you and your spouse, they could end up owning a portion of your business. Chances are, if you no longer wish to be partners in marriage, you probably won't want to be business partners if the marriage fails. 
• In our mobile society, it can compel the use of Illinois law even if one or both spouses leaves Illinois. 
• It can place reasonable limits on the amount and duration of maintenance/alimony. 
• It can limit the attorney fees that you can be ordered to contribute to the other spouse. 

For more in depth information pertaining to your specific scenario, contact Illinois Prenuptial Agreement Attorney Vincent Ruggiero at 630-654-0044 for assistance with your prenuptial matters in DuPage, Will, Kane, and Cook Counties.


Vincent C. Ruggiero, Esq.
Contested Divorce, Custody, Maintenance,
Property & Business Division - Lawyer 1984,
CPA, Certified Mediator, Former "Fellow"
Illinois Collaborative Law Institute
website: RuggieroFamilyLaw.com
office: 630.654.0044
fax: 630.654.0150

Ruggiero and Associates, Divorce

Vincent Ruggiero, an attorney since 1984, concentrates in high-conflict divorce cases, yet has efficient and friendly staff to keep costs to a minimum in so-called uncontested divorce cases. Read for free the FAQ section of his information-packed website at www.RuggieroFamily.com, or call for an initial consultation at 630/654-0044. Mr. Ruggiero is also a CPA, certified mediator, licensed real estate broker and is a formerly i) a law associate of one of the 20 largest law firms in the nation ii) bank vice president iii) real estate college instructor and iv) fellow with the Illinois Collaborative Law Institute.

NEW LAW ON DISSIPATION

For too long, one party in a divorce finally gets interested in the finances, and forces the other party to basically account for years of expenditures or investments gone bad, or what have you. Anyway, it is a nightmare trying to obtain old documents, and to recall such things. Yet, if you don't account, you can be accused of "dissipation" and made to pay the accusing spouse. And sometimes the accusing party would make such an accusation days before trial, causing the defending spouse to try to overcome a bank or other institution's resistance to cooperate in retrieving an old document.

Now a party's claim of dissipation is subject to the following conditions: a notice of intent to claim dissipation shall be given no later than 60 days before trial or 30 days after discovery closes, whichever is later; the notice shall contain, at a minimum, the time period during which the marriage began undergoing an irretrievable breakdown, an identification of the property dissipated, and the time during which the dissipation occurred; the notice shall be filed and served pursuant to applicable rules; and no dissipation shall be deemed to have occurred prior to 5 years before the filing of the petition for dissolution of marriage or 3 years after the party claiming dissipation knew or should have known of the dissipation. At least now, missing money from over 5 years ago, is not really an issue.

Ruggiero and Associates, Family Law

Initial Consultation
The initial consultation is your first meeting with a divorce lawyer. Sometimes a prospective client is simply information gathering, which is fine, and at other times that person has resolved to go forward with the divorce process. The divorce process can stop at anytime, so the initial consultation binds you to nothing. Ruggiero & Associates charges its hourly rate (see below) for an initial consultation. At the end of the initial consultation the client may or may not decide to proceed with the divorce and may or may not decide to proceed with our firm. If representation is mutually acceptable, the terms of a written Legal Engagement Agreement ought to be discussed in detail and a retainer (discussed below) is then typically paid. The Legal Engagement Agreement should provide both the attorney and the client the right to cancel their professional relationship on a prospective basis at any time.

Retainer
The retainer is akin to a down payment. The retainer remains the client's money even after it is initially tendered to the attorney and is kept in a segregated client trust fund until such time as those fees are earned by the actual services provided by the attorney. For example, if the retainer was $5,000.00, and the divorce was completed for $3,000.00, the $2,000.00 difference of unused retainer would be returned to the client promptly. Many prospective clients compare the retainers between attorneys, which is really comparing apples to oranges. If anything, compare the hourly rate between the attorneys, not the retainer amount, because even whether a retainer is charged or not charged, or whether the retainer quoted was high or low should have no bearing on your final bill. In fact, in a contested case, it is more often than not that the fees exceed the initial retainer amount, in which case the retainer may need to be replenished, or the bill is typically paid on a monthly basis thereafter once the retainer is exceeded. Another retainer may be requested prior to the commencement of a trial.

Hourly Rate
Hourly rates differ among divorce attorneys, and even between attorneys in the same firm. Rates obviously differ due to the skill and experience of the attorney. Mr. Ruggiero's hourly rate for both office and court time is $325.00. Clients are billed for telephone calls, e-mails, writing and reading letters, office consultations, trial preparation, discovery, depositions and court appearances. Clients may be for transportation to and from court, and Ruggiero & Associates charges a one-hour minimum court appearance fee. Because of the competency of the staff at Ruggiero & Associates, certain services may be provided by an associate or paralegal in an effort to reduce overall fees to the client. Certain clients of Ruggiero & Associates prefer to and are capable of performing certain tasks themselves with minimal attorney oversight. Additionally, each month we provide a detailed invoice stating the day the work was performed, the description of the work performed, the length of time it took to perform the work, the cost and either the balance of your retainer - or the amount that is now owed in the event the initial retainer has been exhausted.

Flat Fee
Attorneys in Illinois cannot by law charge a flat fee for a divorce.

Your Spouse's Fees
In some cases, a spouse may be ordered to contribute fees towards the opponent's fees. This depends on the facts of each case. Generally, each party pays his/her own fees, but under the Leveling the Playing Field law, if there is a substantial disparity in the income or assets of the spouses, fees to the opponent may be awarded in whole or in part.

Third-Party Costs
Third-party costs are those costs in addition to attorney's fees. In an uncontested case (i.e. a case in which all issues are agreed to by the parties early in the case), third-party costs are generally less than $500.00 (e.g. court filing fees, sheriff service of process fee, court reporter fee for transcripts; court clerk fee for certified copy of divorce decree). In a contested case (i.e. a case in which one issue or more needs a judge's ruling to resolve), third-party costs (and attorney's fees) may be substantial and depend on the facts in each case. For example, in a custody case, there may be costs for a court-appointed representative for the child, mediator, evaluator or psychologist. In a case involving a self-employed spouse, a business valuator may need to be retained. If the case involves a pension or expensive property, an actuary or appraiser may be needed for an opinion as to value. Often these costs are paid in advance by the party requesting the service, though sometimes the costs are apportioned according to the relative financial abilities of the parties. Costs (exclusive of attorney's fees) in a highly contested case may easily exceed $10,000.00 depending on the amount and type of information needed to convince a judge to rule in your favor.

Welcome to Ruggiero & Associates, P.C.

Our firm devotes its full time and resources to divorce and family law because we believe our clients deserve the best representation while going through changes that are life altering. This area of practice covers everything from divorce, contested custody, removal (out-of-state relocation with child), child support, visitation rights, maintenance (alimony), property division, legal separation, paternity, mediation, orders of protection, premarital agreements, divorce appeals, and collaborative law.

Why Family Law? While these times can be challenging, they can also offer a promising, new beginning. In order to do so, we believe it's important for each member of our team to remain on the cutting edge of all recent case decisions and legislative developments in this area. We practice in DuPage, Kane, Will, and Cook County, Illinois.