x Cooper Trachthenberg
Cooper Trachtenberg Law Group. LLC

Practicing Family Law Since 1988

Divorce

Child Custody

Visitation

FAQ

The following questions and answers are frequently asked by prospective clients to members of our staff and legal team.  This information is not intended to be taken as legal advice but rather as information about our practice. We invite you to call or email our office to discuss your particular family law needs and how we might assist you. 

Illinois divorce law involves financial disclosures, parenting plans, and court procedures that can have long-term consequences. Even in amicable cases, the Cooper Trachtenberg legal team can help protect your rights, ensure agreements are enforceable, and avoid costly mistakes. We are a hard-working, close-knit team of very experienced lawyers who have dedicated our careers to the practice of family law and the pursuit of justice. Being a boutique law practice benefits our clients because we are accessible and actively involved in every case.
Uncontested divorces are typically less expensive than contested cases involving custody disputes, business assets, or litigation. Most Chicago-area family law attorneys bill hourly. Every case is different, during your free initial consultation with our firm, we can help identify anticipated costs as every case is different. We are sensitive to the limited resources families have and we work hard to respect this through the divorce process.
It is difficult to predict how long a divorce will take. Delays often occur due to disputes about parenting time, finances, or court scheduling in Cook, Lake DuPage and surrounding counties. Settlement and mediation can significantly shorten timelines. The duration of a divorce can vary depending on the complexity of the issues, the personality dynamics of the couple, the willingness of the parties to work towards productive resolutions, the availability of the judge and other factors.
Yes. Illinois recognizes only no-fault divorce based on irreconcilable differences. You do not need to prove wrongdoing such as adultery or abuse to obtain a divorce. However, conduct may still be relevant in issues involving parenting time, safety, or dissipation of marital assets.
Illinois follows an “equitable distribution” model, meaning property is divided fairly—but not always equally. Courts consider factors such as the length of the marriage, each spouse’s income, contributions to the marriage, and future earning capacity. Marital property is divided equitably; non-marital property may be excluded. At Cooper Trachtenberg Law Group we work with our clients to understand the full range of property involved in any divorce case and then we work to define strategies to achieve the most equitable division of property for our client, and advocate for same.
Custody decisions are based on the child’s best interests. Illinois uses the terms allocation of parental responsibilities and parenting time to describe what historically was referred to as “custody” and “visitation”. Courts evaluate factors including the child’s needs, parental involvement, cooperation between parents, and any safety concerns. Parents are encouraged to submit a parenting plan when possible. The process of defining a parenting plan is a priority in every case in which minor children are involved. At Cooper Trachtenberg Law Group minor children are always the first consideration during divorce proceedings.
Child support is calculated using statutory guidelines based on both parents’ incomes and parenting time. In addition to child support, the law provides for additional child related expenses such as contribution towards health insurance, uncovered healthcare expenses, childcare, extracurricular expenses and school expenses. The state of Illinois applies an “income shares” model. Support amounts may be adjusted in consideration of variations in income, recurring healthcare costs, childcare, extracurricular expenses, and shared parenting arrangements. Orders can be modified if circumstances change.
We offer a free initial consultation because no two cases are the same. This first consultation is your confidential opportunity to tell us about your circumstances, explain your needs, understand your rights, options, and next steps. During the meeting we ask you to discuss your family situation, finances, children, and goals. We can then answer your questions, explain Illinois divorce process, potential strategies, timelines, costs and what we can do to help. During the first consultation no action will be taken without your direct consent until you retain our services. The initial consultation is intended to be informative and exploratory. We hope that from there you will feel empowered to move forward in the way that best suits your needs.
Not always. Some cases can be resolved through negotiation or mediation without a trial or appearance before a judge if both spouses have retained attorneys. Court appearances may still be required for procedural matters or to finalize agreements. Cases involving high conflict or unresolved disputes are more likely to require judicial intervention. In many instances court is offered remotely online in the form of a “Zoom” meeting.
Yes, Illinois allows modification when there is a substantial change in circumstances. Common reasons include changes in income, changes in parenting time, relocation, emancipation of a minor child, or a child’s evolving needs.
Yes, Illinois allows modification when there is a substantial change in circumstances. Common reasons include changes in income, changes in parenting time, relocation, emancipation of a minor child, or a child’s evolving needs.
Possibly. Illinois courts may order contribution toward attorney’s fees based on each party’s financial resources. Each divorce case is different and the allocation of resources to cover fees is naturally different in each case.
Spousal maintenance is defined as financial support paid by one spouse to the other, determined by statutory guidelines and case-specific factors. Historically, the word “alimony” was used to characterize what is now termed “spousal maintenance” but is no longer a legal term used in divorce proceedings. In Illinois spousal support is calculated based on a formula which considers the incomes of the parties and the duration of the marriage, though the court has discretion to deviate upwards or downwards based on numerous factors and is specific to each divorcing couple.
You may seek enforcement through the court. Remedies can include sanctions, wage withholding, or modification of orders. Sometimes, especially in highly emotional or high conflict divorce cases, we see one spouse ignoring court orders. In these instances, we can invoke support of the court system to enforce the laws and bring the case into better legal alignment, including the judge defining a spouse as being “in contempt of court” which can lead to jail time. At Cooper Trachtenberg Law Group we do everything we can to encourage spouses to participate in the divorce proceedings in the most productive way possible. Strategically guiding clients through the necessary steps of divorce with the least amount of conflict while protecting the client and the family is always our goal.
Illinois family law still applies. Parenting responsibilities, parenting time, and child support can be established through court orders. Minor children are of the utmost importance, the first priority and consideration in every family law case we represent.
Your safety comes first. Illinois courts can issue Orders of Protection and temporary custody or support orders when needed. Clients presenting circumstances that involve domestic violence, physical threats or substance abuse should advise us of these, or any other, circumstances where their well-being or that of minor children is threatened. If you are in immediate danger or your sense of safety is threatened, please call 911 to seek help.
Illinois uses no-fault divorce, equitable distribution, and income-shares child support guidelines, which differ from many states. In Illinois we also can adjudicate contribution to college costs for children. Not all states do that. In fact, every state is different. We are experienced family law and divorce attorneys in Illinois, and we have served the Chicago area for more than 30 years.
At Cooper Trachtenberg Law Group we know selecting an attorney can be confusing. With so many professionals to consider we suggest you talk to us and then think about your needs. Look for experience with Illinois law, clear communication, realistic, practical advice, and an approach that aligns with your goals. We are long-time, active members of many important professional organizations. Our team has completed substantial additional training focused on areas such as collaborative divorce law, substance abuse, local legal issues and more. We serve as court-appointed Guardians ad Litem, Child Representatives, parenting coordinators, mediators, and arbitrators. Our legal team is committed to professional community service and to serving clients in the most positive ways.
Yes. Divorce judgments and parenting plans are legally binding and enforceable by Illinois courts.
Yes. Early legal advice helps you understand your rights and avoid decisions that could negatively affect your case. It is important you prepare yourself before filing for divorce. This preparation includes creating a support team that may include mental health, medical, spiritual, familial and social resources. It additionally includes gathering essential documents, passwords, and account information as well as consideration of recurring expenses or financial commitments. Talking to a representative of the Cooper Trachtenberg Law Group legal team will help you define what you need to do prior to filing for divorce. There is no single path through divorce but together we can help you plan and prepare for the process. We know this is not an easy chapter of your life, but we remain firmly committed to helping you through it so you can begin the next chapter with a sense of positivity and calm.
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