Divorce Litigation

Strategic Advocacy In Your Illinois Divorce Litigation

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No two divorces are alike. The length of your marriage, the size and complexity of your estate, the presence of minor children, and many other factors will make your proceedings unique. While the idea of a quick uncontested divorce is tempting, it should not be undertaken at the expense of your parental rights or property rights. Conversely, you cannot be so intent on “winning” your divorce that you obsess about the wrong issues or litigate without regard to the costs or consequences.

It takes an attorney with years of practical experience to help you strike the right balance between a willingness to negotiate and collaborate and sending a clear signal that you will not be manipulated or intimidated. The highly skilled attorneys at the Law Offices of Jeffery M. Leving℠, Ltd., are aggressive and strategic negotiators with the courtroom reputation to back up the stance we take.

We encourage amicable and productive settlements, providing the perspective and creative solutions to avoid an unnecessary fight. But we are proven trial lawyers who are always prepared go to court to protect you and your children and to achieve your objectives. We have an outstanding record of trial successes and the Law Offices of Jeffery M. Leving℠, Ltd., is recognized among the best family law firms in the United States. Our litigation experience will prove especially advantageous if your spouse is hostile, unreasonable or engaging in underhanded tactics.

“In the best possible world, couples would never part. In the next best possible world, our family courts would assist estranged couples in dissolving their unions fairly, quickly and cleanly. Sadly, that ideal is rarely approached.”
— Jeffery M. Leving®, in Fathers’ Rights

A Comprehensive, Client-Centered Approach To Divorce

Whether you are initiating a dissolution or you were served with papers, divorce is overwhelming. You need to be very clear about what you are fighting for — and what is worth fighting for. There is no substitute for the counsel of an experienced trial lawyer who focuses on family law.  Jeffery M. Leving® has practiced in this field for nearly 40 years and has selected a top-notch team of lawyers who can guide you through a complex and often gut-wrenching process.

We address every facet of divorce, attending to the critical details without losing sight of the big picture:

Our Chicago divorce attorneys work closely with you to understand the dynamics of your relationship and what brought you to divorce, your goals and priorities in the proceedings, and any pressing issues or long-term concerns. From that foundation, we can tailor the strategies that will put you in the best position to achieve your desired outcome, whether through negotiations, litigation or a combination thereof. We can take a subtle, cautious approach or we can be overt and proactive. We can barter or we can play hardball. After giving you the tools to make informed choices, we will pursue the strategy you choose.

Typical Steps In The Divorce Process

While the facts and issues will vary in your case, most Illinois divorces follow this progression:

Pre-petition negotiation

While this is not an official step in the process, it can be one of the most important. Resolving to be divorced and negotiating settlements to the numerous issues can greatly reduce the time divorce takes. Even if the parties do not fully work out these issues prior to filing a petition, they remain free to — and in fact are strongly encouraged to — resolve these issues prior to trial.

Petition for the dissolution of marriage 

The petition for the dissolution of marriage is a verified legal document that officially begins a divorce in the eyes of the court. It provides information about the parties, their property and any minor children; alleges the grounds for divorce; and tells the court what type of relief the petitioner seeks. This document must be delivered in person to the defendant spouse either by a county sheriff or by a private process server. (Substitute service and service by publication may be appropriate depending on the circumstances.)

Defendant’s answer

Once the defendant spouse has received the petition, he or she must file an answer within 30 days that admits or denies each allegation therein, or file a more appropriate pleading depending on strategic circumstances. When a spouse admits that grounds for divorce exist — irreconcilable differences — an uncontested divorce may occur, although issues of child custody, child support, property division and alimony must still be decided.

Temporary matters

Because divorce can be a lengthy process, it is sometimes necessary for the court to hold hearings to establish temporary orders for alimony pendente lite and child custody. In contentious cases, it may also be necessary for the court to issue restraining orders or orders of protection.

Discovery

Once the issues have been framed through the pleadings, the parties may set about exchanging relevant information through formal or informal discovery. Most often, this includes financial information that is relevant to issues of property division and support, usually determined through interrogatories and requests for production of documents. Either party may also depose potential trial witnesses and request materials from third parties by way of subpoena. Negotiations usually continue throughout this process and, in many cases, result in a resolution without the necessity for a trial.

Pretrial conference

At the conclusion of discovery, if no resolution has been reached, the parties’ attorneys schedule a conference with the judge presiding over the case. At this time, they discuss the unresolved issues of the case. The judge usually tries to facilitate a full or partial settlement or at least lay the groundwork for what will occur at trial should a trial ultimately be necessary. If no resolution is reached, the divorce is scheduled for trial.

Trial

Divorce trials are held without a jury but otherwise proceed in much the same manner as other civil trials. Each side offers documentary evidence, along with expert and fact witnesses relevant to whatever issue or issues are still in dispute. After both sides have presented their cases, the judge renders a decision and enters a final divorce decree.

Appeal

Like other civil cases, a judge’s final decision in a divorce case may be appealed to a higher court if either party’s attorney identifies legal errors or abuses of discretion that adversely influenced the outcome for his or her client. Appeals remain an option that a good attorney should be willing to consider and pursue under proper circumstances.

We Are Your Partners For The Divorce Process

After years of experience litigating contentious divorces, our attorneys at the Law Offices of Jeffery M. Leving℠, Ltd., understand how arduous the divorce process can be. We are straightforward with clients about when settlement is in their best interest, but we are always prepared to litigate when necessary to get a fair result. Call our office at 312-473-1050 or contact us online to schedule a private consultation.

Testimonials

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Kaleb Wright profile picture
Kaleb Wright
18 days ago
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I met Anthony D’Agostino today at Law Office Of Jeffery Leving for a consultation and he’s an amazing attorney passionately helping fathers obtain custody and exceptional time with their kids. Anthony is a father himself so; he understands about life situations when it comes down to father’s rights. Us real fathers in the world deserve the same as mothers we don’t get that much praise but Anthony D’Agostino is the attorney to make a difference for fathers and your voice will be heard. Kaleb W.
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Marrlow Epps profile picture
Marrlow Epps
33 days ago
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Mr. Brain Gilbert did a good job helping me support my fatherhood rights, thanks again sir
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Reed Becker profile picture
Reed Becker
38 days ago
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Excellent firm with excellent lawyers. They have a vast reservoir of legal knowledge and very capable lawyers. Best legal firm I have ever dealt with. I highly recommend them, you will not regret it.
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Marcin Kopiczko profile picture
Marcin Kopiczko
53 days ago
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Mr. James M. Hagler is the BEST lawyer. I highly recommend him and his team. He helped me win my case and I got my son back in life. Mr. Hagler always keep me informed, answered the phone every time I called and always had an answer for every question I asked. I knew from the first meeting I had with Mr. Hagler he was going to help me get my son back. He is a very good at what he does. Thank you Mr. James and his team
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Kareem Henry profile picture
Kareem Henry
61 days ago
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I hired the Law Offices of Jeffrey M. Leaving and the whole staff was great. My Attorney Michael Salamun was awesome, he was very knowledgeable and took time with me to break down and the legal terms so that I was aware of what was going on. In my child support case he saved me thousands with his fight and knowledge.
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Cory Taylor profile picture
Cory Taylor
67 days ago
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Attorney Brian Gilbert is one of the best attorney's at this law firm. He is very responsive, and goes above and beyond for his clients. The services I received were definitely worth every penny.
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Massi Vera profile picture
Massi Vera
77 days ago
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Brian Gilbert at Leving Law is an outstanding attorney. He handled my case with professionalism, speed, and genuine care. Thanks to Brian, I was able to get the results I needed. He made a stressful process much easier and kept me informed every step of the way. I’m so grateful for his help and would highly recommend him to anyone needing a skilled and compassionate family law attorney.
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Emmanuel Allen profile picture
Emmanuel Allen
84 days ago
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Anthony D'Agostino really cares about Father's. Helped me with my custody case with my daughter. His honesty and knowledge of the law helped me get my rights to my daughter. E.L
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Sunit Singla profile picture
Sunit Singla
85 days ago
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As a physician, I operate in environments that require objective data, clear strategy, and the ability to cut through emotional noise. Mr. Ochoa, Mr Madden, and the entire team at Leving Law bring exactly that level of clinical precision to family law. High-conflict family court cases often get bogged down in subjective narratives, and systemic delays. From day one, Mr. Ochoa recognized the structural realities of my case and immediately pivoted the strategy toward objective, fact-based forensic evaluation. He is fiercely protective of his clients and easily dismantles desperate tactics from opposing counsel with sharp, unbothered legal execution. He does not get distracted by the noise; he stays entirely focused on the mission and the facts. For any professional or parent navigating a complex, high-stakes family law situation, I cannot recommend Leving Law Offices highly enough. They are tactical, highly competent, and operate at the absolute highest tier of their profession.
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Richhomie Julio profile picture
Richhomie Julio
85 days ago
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Anthony s .D’agostino really helped me with my child support case and was very professional and kind will most definitely recommend him to friends and family

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