-
Experience & Wisdom in Family Law Matters
Our office is dedicated exclusively to family law. -
Divorce with Dignity
Reducing conflict for families in transition. -
Client-Centered Approach
Crafting creative individual solutions to your unique family law needs. -
Avoid Litigation
Keep decision-making with the family and away from the Court.
PRACTICE AREAS
Lyn C. Conniff Law Offices provides skilled, experienced representation in the following areas:
Divorce (Dissolution of Marriage) - Divorce can be painful for every member of the family. While emotions may run high, you and your spouse must reach a resolution on matters surrounding property division, child custody, visitation (parenting time), and questions of support. With an experienced attorney who concentrates in divorce and family law, you can feel confident that we will address all of your issues. At Lyn C. Conniff Law Offices, your concerns will be addressed logically, thoroughly, with sensitivity and with your family's welfare in mind.
Collaborative Law - Requiring special training, Collaborative Law is based on the concept that the parties share the common goal of completing the divorce process quickly, amicably, privately, economically, and with reduced emotional stress. Lyn C. Conniff is a Fellow of the Collaborative Law Institute of Illinois and has undergone extensive specialized training to handle divorce by means of the Collaborative Process. When parties select the Collaborative Law Process, they commit to each other to proceed with their divorce outside the legal system. Collaborative Attorneys focus on the needs and interests of all family members, and on working respectfully within a process that fosters open and honest communication and information exchange among team members. In a Collaborative Law case, each party is represented by an attorney trained in the Collaborative Law Process. In addition to Collaborative Law Attorneys, the parties may choose to work with other Collaboratively trained professionals such as a financial neutral, a child specialist, and a divorce coach. To learn more about the Collaborative process and how it can help your family, click here to download a PDF Version of Lyn Conniff's Collaborative Divorce Guide, or visit the website of the Collaborative Law Institute of Illinois at http://www.collablawil.org/
Divorce Litigation - Lyn C. Conniff Law Offices has skill and experience in divorce litigation. There are circumstances where divorce litigation may be necessary, for example, in cases of abuse, hiding of assets, and ignoring support responsibilities. Whereas in a negotiated settlement the parties decide the outcome of their divorce, by contrast, in divorce litigation a Judge decides. The goal in divorce litigation is to win at all cost. For some people that cost may be too high: in money, in time spent, in the disruption to children's lives, and in the destruction of family relationships.
- Petition and Service of Petition. The litigation process begins with one party filing a Petition for Dissolution of Marriage with the Clerk of the Circuit Court. Once the other party is properly served with a Petition for Dissolution, he or she has 30 days to either file an appearance on his or her own behalf (pro-se) or have an attorney file an appearance on the party's behalf.
- Discovery. Discovery is the legal process by which the parties seek to obtain information from each other. Typically, the information sought through discovery is financial information and information about children, parenting and the parties' personal activities. Discovery is commenced by sending the other party written interrogatories (written questions), requests to produce relevant documents, and through subpoenas. Discovery can also include depositions (oral questions under oath). The discovery process can be time consuming and expensive, especially if one spouse refuses to co-operate.
- Pre-Trial. Before a pre-trial conference, each party typically will submit a pre-trial memorandum to the Judge. The pre-trial memorandum will list the issues in dispute, each party's position and the legal authority supporting his or her position on the issues. At the pre-trial conference, the attorneys meet with the Judge outside of the presence of their clients. The Judge typically makes recommendations regarding the issues in dispute. However, the Judge's recommendations are not binding on either party.
- Trial. If the parties are unable to reach a mutually agreeable settlement, then they will proceed to trial. At trial, each party has the opportunity to present evidence in support of his or her position. At the end of the trial, if the parties still have not reached an agreement, the Judge will decide the outcome on all of the issues in dispute.
As we stated previously, the goal in divorce litigation is to win. However, there are no real winners in divorce litigation and the children are typically the biggest losers. Whether or not the Judge agrees with your position, you have lost time, money spent on attorneys' fees, and, very often, the freedom to come to a mutual agreement with your spouse. Worse still, family relationships can be irreparably harmed by divorce litigation.
There are many viable alternatives to litigation that do not produce the same level of conflict within the family. We view litigation as a last option. However, we have the expertise and experience to vigorously advocate our client's position before a Judge.
Divorce Mediation - Lyn C. Conniff is a trained mediator and can work with you and your spouse as the mediator during the divorce process. Fighting in court is not your only choice when you are getting divorced. Consider mediation as an alternative. In mediation, the parties meet with an impartial professional, a trained mediator, to come up with solutions on issues such as parenting time, division of assets and debts, child support, and maintenance. The mediator will work with the parties to help establish their goals and facilitate joint decision-making. Mediation works well for those parties who are looking for amicable solutions that focus on each party's needs and interests, not on winning and losing. When there are children involved, mediation focuses on the children's needs and interests. Mental health professionals encourage parents to make decisions jointly that are in the best interests of their children. In mediation, parents can work together to come up with creative parenting solutions: solutions that are reached cooperatively. Some of these solutions involve transitioning the children into two households and developing a parenting schedule so that both parents can have an active role in their children's lives. Mediation is also an effective method for resolving financial issues in a divorce. With the help of a trained mediator, the parties can work on realistic budgets for two homes, share financial information, and discuss and arrive at a plan for sharing assets and liabilities. Mediation works well where there are complex asset structures in that the parties can work cooperatively to exchange documents, arrive at creative solutions, and avoid the expense and considerable time needed for the divorce litigation process.
Custody and Visitation (Parenting Time) - Even though you choose to end your marriage, you still want to parent your children with care and devotion. When parents focus on the best interests of the children during the divorce process, they can reduce the pain and dislocation that their children may feel through this period and in the years that follow. When a divorce includes custody or visitation questions, your attorney should give you guidance so you can establish a stable environment for your children and reduce the stress that divorce creates for the whole family.
Children need the support, love, and attention of both parents. Except for rare circumstances of abuse or neglect, it is in the best interest of the children to have frequent and regular parenting time with both parents. There is no one set structure for parenting time that works for all families. Lyn C. Conniff Law Offices works with the parent to craft a parenting plan that works for both parents and for the child or children. The focus when developing a parenting plan must always be on the children's best interests.
Child Support - Your children are your first priority. It is important to ensure that your children's emotional and physical needs are met. It is also important to ensure that your children's financial needs are met. A home, food, and clothing for your children are the very basics. But we at Lyn C. Conniff Law Offices must also ensure that, during and after your divorce, there is adequate medical insurance and funds available for medical and dental care for your children. Day Care for younger children, extra-curricular activities, and summer camps may also be issues to address in family budgets when there are two homes. The Illinois Marriage and Dissolution of Marriage Act has specific guidelines for child support and its payment. You need an experienced attorney who is familiar with and understands those guidelines and who will work with your family's best interests as a priority to craft child support options that meet all your child or children's needs. At Lyn C. Conniff Law Offices we will make your children's needs and interests, including their financial needs, a priority.
Property Division General - During your marriage, you and your spouse have accumulated certain assets. Now that you face divorce, you wonder how the court will value your property and divide the assets between you and your spouse. If you choose to proceed outside the litigation system, you have the choice of working together to find a fair approach to value your assets and divide them. Many divorcing couples have retirement funds, sometimes pensions, real estate, investments, and personal property. We want to consider the needs of each party both immediately after the divorce, and in future years. Where the asset originated is frequently an important issue in determining how the assets will be divided: was it acquired during the marriage or before the marriage, was it an inheritance, or was it a gift.
Throughout her 18 years of extensive experience, Lyn C. Conniff has represented many clients in divorces involving complex property issues. The first step in a divorce where there are complex property issues is to gather all the relevant information about the families' assets and liabilities which will be necessary to make an informed and thoughtful decision about a fair distribution. Closely held corporations present unique problems for divorcing couples. Typically, the spouse most active in the business will want to retain his or her control and interest. There is no ‘one solution fits all' answer to valuing and dividing a family business. Lyn C. Conniff Law Offices has experience in corporate law and working with clients to allocate interests in closely held corporations. We encourage spouses to work together with the goal being the health of the surviving business.
Closely held corporations present unique problems for divorcing couples. Typically, the spouse most active in the business will want to retain his or her control and interest. There is no ‘one solution fits all' answer to valuing and dividing a family business. Lyn C. Conniff Law Offices has experience in corporate law and working with clients to allocate interests in closely held corporations. We encourage spouses to work together with the goal being the health of the surviving business.
Property Division During Economic Uncertainty - Recently, many couples have experienced economic uncertainty and hardship: one spouse has lost his or her job, the family home is now worth less than the underlying mortgage, credit card interest rates are exploding and families are having difficulty meeting all their obligations. Divorcing during such economically stressful times is challenging but not impossible. Lyn C. Conniff Law Offices encourages parties to work cooperatively with each other to come up with a result that is in the best interest of the whole family.
Lyn C. Conniff Law Offices has worked with divorcing couples to come up with creative solutions in difficult times. If the focus during a divorce is on the family's needs and not on one spouse winning and the other spouse losing, there are opportunities for creative solutions. Where parties cooperate with each other to make separation and divorce work for each of them, the chances of a successful outcome are increased.
In a Collaborative Divorce, the parties work cooperatively with a financial neutral to create alternatives that are fair for both parties. Divorcing couples do not have to litigate and fight in court. Having a Judge decide what is best for your family financially may not be the best way to solve the family's financial issues during divorce. As your Collaboratively-trained attorney, Lyn will work with you, your spouse, and your spouse's attorney to find solutions that consider the financial needs of all members of the family.
Maintenance (Alimony) or Spousal Support - In certain circumstances, one of the spouses may be entitled to maintenance or alimony. Where there is a significant difference in the income and earning potential between the spouses, or if one spouse has been out of the workplace for an extended period of time, the spouse who earns the higher income may be required to contribute to the other spouse's living and other expenses. The length of the marriage may also be a consideration when determining spousal support.
The first step in considering whether maintenance or spousal support is appropriate will be to determine the living expenses for each spouse after the parties move into two separate households. Lyn C. Conniff Law Offices encourages clients to consider the needs and interests of both spouses when determining whether spousal support is appropriate. When preparing budgets for two households, divorcing spouses must also consider the tax consequences of paying spousal support and of receiving spousal support.
Post Divorce Issues - Your situation may have changed since your divorce or perhaps your former spouse has not complied with the terms of the Judgment. Very often post-decree matters involve issues of child support, spousal support, custody and visitation, or contribution to college expenses.
Under certain circumstances, divorcing and divorced parents have an obligation to contribute to the college expenses of their college age children. If your Judgment for Dissolution of Marriage does not specify how college expenses should be shared between parents, Lyn C. Conniff Law Offices will work with you to develop a plan that takes into consideration the incomes and assets of all family members.
When spousal maintenance terminates under the terms of your Judgment, you may have a continuing right to child support for the benefit of your minor child or children. Child support is based on the needs of the children and takes into consideration the lifestyle the children enjoyed during the marriage.
Changing employment situations or relocation may require a review of parenting time schedules. The focus must always be on the best interests of the children. What is best for the child or the children of divorced parents in most circumstances is to have frequent, continuing and close interaction with both parents.
Paternity and Parentage - If parents are unmarried, the parent responsible for the child or children has a right to receive child support. The non-custodial parent also has a right to visitation or parenting time. Child support payments are typically based on the guidelines described in the Illinois Marriage and Dissolution of Marriage Act. In addition to guideline child support, however, the non-custodial parent may be required to contribute to medical insurance, medical expenses, day-care expenses, summer camp expenses (where appropriate), and extra-curricular expenses.
Prenuptial Agreements - When you want to enter marriage with an agreed upon arrangement regarding your finances, Lyn C. Conniff Law Offices will work with you to develop a fair and reasonable prenuptial or antenuptial agreement designed to protect your personal assets.
