Trying to decide which divorce lawyer to choose can be challenging. When evaluating which attorneys are the “Best Divorce Lawyers Bloomington IL”, you should consider several factors.
The Best Divorce Lawyers Bloomington IL Have Extensive Experience, Wisdom, And Passion
One of the first questions you need to ask yourself is whether your divorce involves contested issues. If there are contested issues in your divorce case, it is important to hire one of the best divorce lawyers Bloomington IL with extensive experience who will fight for you with passion.
Why Clients Choose Koth Gregory & Nieminski
- Experience/Wisdom. 80+ years of combined experience.
- Passion. We fight for our clients like it’s our own case.
- Client Satisfaction. See Google Reviews.
- Convenient Appointments. Same-Day Self-Scheduled Appointments at our Office, by Zoom, or Phone.
- Family Law Software. We have the best child support and alimony calculation software, which lowers your costs.
- Resources. We purchase the top family law books, attend the most prestigious seminars, and have more experience locating hidden assets than any other law firm in central IL.
- Second Generation Family-Owned Law Firm. Established in 1990 and located in our original downtown Bloomington office.
- Attorney Fee Transparency. $300 initial consultation fee. Retainer fee discussed at the initial consultation.
Schedule a meeting with our top divorce lawyer today directly through our online appointment calendar.
Married for Several Years or Have Significant Marital Assets?
If you and your spouse have been married for many years or have a lot of shared marital assets, then you may want to read about the importance of hiring a High Profile Divorce Lawyer Bloomington IL with experience handling the most sophisticated divorce cases.
The additional experience of a high profile divorce lawyer is especially helpful if you have significant assets. Couples with a high net worth will likely have issues in their divorce case that are intensified by their status. Thus, hiring one of the best divorce lawyers Bloomington IL is essential. A more experienced divorce lawyer can help you navigate these issues as well as the other areas of law and finance that will be involved in your case.
Experience, wisdom, and passion are good qualities to look for in any lawyer, but these qualities are essential in divorce cases when the parties disagree on major issues such as asset division, alimony, child custody, or child support.
Contested Divorce – How To Find The Best Divorce Lawyers Bloomington IL
Unfortunately, there is no short cut that gives you a list of the 10 Best Divorce Lawyers Bloomington IL. In our decades of experience, we discovered that many people search for this type of list, but the reality is that determining the Best Divorce Lawyers Bloomington IL requires some homework.
The first step is to type a relevant search phrase into Google, such as, “Best Divorce lawyers Bloomington IL”.
There are several directories such as FindLaw and Expertise which list the local divorce lawyers in Bloomington-Normal IL on their websites. This is a good starting point. However, before choosing an attorney, it may also be helpful to read the law firm’s Google reviews and website.
It is a red flag for a law firm to have several negative reviews, especially if the reviews are specific about the issues the client had with the divorce lawyer.
So How Do You Know Which Divorce Attorneys Are Truly The Best In Bloomington IL?
As stated above, you have to do your homework! You need to research the law firms in the Bloomington Normal area that hold themselves out as having extensive experience handling divorce cases. However, not all “experience” is equal. There is a big difference between knowledge and wisdom. Many divorce lawyers have knowledge, but the best divorce lawyers Bloomington IL have wisdom. Wisdom requires the ability to effectively apply the knowledge from your experience to your client’s advantage.
There is also a big difference between delivering an aggressive argument and delivering a powerful argument. Many lawyers advocate aggressively, but the best divorce lawyers Bloomington IL can artfully deliver powerful arguments. The most powerful arguments are delivered by attorneys who understand when to be agreeable versus when to fight and emphasize key points.
When you first meet with a divorce lawyer, ask questions and make sure you feel confident that they will take the time to understand the issues that are most important to you and fight for you with wisdom and power, not just knowledge and aggression.
Koth Gregory & Nieminski Is One Of The Most Prominent Family Law Firms In The Bloomington-Normal Area
The divorce and family law attorneys at Koth Gregory & Nieminski (KGN) have over 80 years of combined experience. We have been helping families since 1990 and we believe our clients’ Google Reviews speak volumes.
The attorneys and paralegals at KGN have lived in Bloomington or the surrounding area for all or most of our lives. We care about the families in our community that are impacted by divorce, so we fight for our clients like it’s our own case because it’s personal for us.
Convenient Appointment Scheduling
We offer convenient appointments at our office, via zoom, or over the phone. If you are ready to take the first step, click meet with a KGN Divorce Lawyer Bloomington IL.
We charge $300 for the initial consultation and the retainer fee will be discussed during that initial meeting.
Our office is located in downtown Bloomington IL (420 N Main St Bloomington IL), but we also handle divorce cases outside of McLean County. We often represent clients in the neighboring communities of Peoria, Pekin, Springfield, Decatur, Champaign, Pontiac, El Paso, and other nearby towns.
We typically encourage people to choose a local lawyer but we understand how difficult it can be to find a good lawyer who cares so we enjoy helping people throughout Central IL.
This article mostly focuses on contested divorce, but our family law experience is diverse so you can schedule an appointment with our office for any type of case.
Whether it be uncontested divorce, adoption, drafting prenuptial agreements, etc., we do it all. The diversity of cases we handle is one the primary reasons KGN is considered to have the best divorce lawyers Bloomington IL has to offer. Having experience with all the issues that could come up helps us see the big picture and be ready for anything.
What To Expect During The Initial Appointment With A Divorce Lawyer
The initial meeting with a divorce lawyer can be emotional for many people. Below are some tips to help you get the most out of the meeting.
BRING A LIST OF THE MOST IMPORTANT FACTS (SEE EXAMPLES BELOW)
- Where do you and your spouse work?
- What are your annual incomes?
- Provide your children’s names and ages
- How much time do you and your spouse spend with your children?
- Identify your most valuable property
- Identify any abuse (physical, sexual, emotional, drug, alcohol, etc.)
BRING A LIST OF QUESTIONS (SEE EXAMPLES BELOW)
- What do you need from me?
- What type of evidence should I gather?
- How much does a typical divorce cost?
- Should I try to get an order of protection against my spouse?
Next Step After The Initial Appointment
After the initial appointment, you should have answers to your questions and feel like the lawyer was knowledgeable, understanding, and will represent you well. Many people think that the divorce case is filed immediately after the client meets with their attorney for the first time. In reality, clients usually need to gather additional documents first or emotionally prepare themselves for what lies ahead.
Once you have your documents in order and you are emotional prepared, then your divorce lawyers Bloomington IL can file the petition to dissolve the marriage.
Grounds For Divorce
In order to file for divorce in Illinois, either you or your spouse need to be a resident of Illinois at least 90 days prior to filing for divorce.
It is also important to remember that Illinois is a no-fault state. Fault-based grounds (i.e. adultery, mental or physical cruelty, or abandonment) for a divorce in Illinois have been abolished. The grounds for divorce are now based on “irreconcilable differences”. This is good news for you and your divorce lawyers Bloomington IL because you do not have to go through a long hearing to prove grounds for divorce. This saves you time and money.
You can obtain a divorce in Illinois if the court finds that irreconcilable differences irreversibly caused your marriage to breakdown and you have either attempted to reconcile or attempting to reconcile would be futile and not in your family’s best interest.
Do not spend time worrying about meeting the “irreconcilable differences” standard. This is easy for your divorce lawyers Bloomington IL to prove. The judges in McLean County Illinois are not going to prohibit you and your spouse from getting a divorce, even if one of you wants to remain married.
If you have lived “separate and apart” from your spouse for at least 6 months before the entry of judgment, then there is an irrebuttable presumption of irreconcilable differences. You may live in the same house, but in separate parts of the house (i.e. one spouse lives in the basement and other spouse lives upstairs in master bedroom) in order to be considered living “separate and apart”.
Common Contested Divorce Issues
The most common issues requiring the assistance of one of the best divorce lawyers Bloomington IL include:
- Property Division
- Alimony (Maintenance)
- Child Custody
- Child Support
Property Division
First, it is important to understand what the judge will consider to be marital property versus non-marital property. If the property is marital, then it can be divided in the divorce. However, courts may not divide non-marital property.
If you do not know about all of your assets, most likely you will need to go through the discovery process.
Property Division Discovery Options
Discovery may consist of the following options:
- Request to Produce
- Interrogatories
- Request for Admissions
- Subpoenas for documents
- Depositions.
It is good for clients to understand the types of discovery options because they know their spouse’s tendencies, which can help their divorce lawyers Bloomington IL determine which discovery methods are best for their case.
Discovery Option 1 – Request to Produce
Requests to Produce are formal written requests in which one party asks the other to provide certain documents, recordings, reports, etc. for inspection that are relevant to your case.
Example:
“A copy of all documents reflecting all sources of income paid to or received by Respondent for the last three calendar years to present date, including (but not by way of limitation): pay stubs, copies of check, letters regarding pay amounts, expense checks, W-2 forms, 1099 forms, K-1 forms, Board of Directors’ fees, rental income, royalty income, dividend income, interest income and all other forms of income.”
Discovery Option 2 – Interrogatories
Interrogatories are formal written questions that one party asks the other to answer and attest to the answer that are relevant to your case.
Example:
“During the preceding three years, have you had any account or investment in any type of financial institution, individually or with another or in the name of another, including checking accounts, savings accounts, certificates of deposit and money market accounts? If so, with regard to each such account or investment, state the following:
- The type of account or investment;
- The name and address of the financial institution;
- The name and address of each person in whose name the account is held; and
- Both the high and the low balance of the account or investment, stating the date of the high balance and the date of the low balance.
Discovery Option 3 – Request for Admissions
Request for Admissions are formal written requests to admit relevant facts in your specific case that one party asks the other. If the relevant facts are admitted to, it may save you both time and money because you then do not have to prove the admitted facts at a hearing.
Example:
“That Respondent withdrew $20,000.00 from the parties’ joint bank account ending in 4240 on March 20, 2021 to pay for his and his girlfriend, Jane’s, vacation to Cancun, Mexico.”
Discovery Option 4 – Subpoenas for Documents
Subpoenas are written demands directed to third parties who are not named in your divorce case such as to a bank, financial institution, corporation, employer, etc. With respect to financial information, the subpoenas for documents may request documents about your spouse’s assets, income, business interests, etc. Subpoenas are a very useful tool to uncovering hidden assets.
Discovery Option 5 – Depositions
Depositions are formal testimony taken outside of court, which is transcribed by a court reporter. The court may consider the information from depositions at a hearing.
Depositions can be another useful discovery tool depending on the circumstances in your divorce case.
For example, you may want to depose your spouse which means that on a specific date and time your spouse is placed under oath and asked questions by your divorce attorney as well as your spouse’s divorce attorney regarding his knowledge of certain facts with respect to the issues in your case (i.e., his income, business endeavors, property ownership, assets, etc.).
Regardless of the discovery method(s) you and your divorce lawyers Bloomington IL use, knowing all of the property your spouse has is important. Once you have a complete picture of your spouse’s property, then your divorce lawyers Bloomington IL can address which property was obtained by your spouse pre-marriage versus post-marriage.
As mentioned earlier, in Illinois property obtained pre-marriage is typically considered non-marital property, and everything obtained after the couple is married is marital property. However, exceptions and gray areas exist, making it important to hire one of the best divorce lawyers Bloomington IL to ensure your rights are protected.
Marital Property Exceptions And Gray Areas
- Gifts
- Inheritances
- Prenuptial Agreement
- Postnuptial Agreement
- Comingling Income/Accounts
- Time Investments
- Adding Value To Existing Asset
- Retirement Accounts
Gifts and inheritances received by one spouse from family or friends during the marriage can be non-marital property if kept separate. The best divorce lawyers Bloomington IL at KGN can explain how to properly keep your assets separate.
Pre/postnuptial agreements may define which assets are separate pre-marital property versus marital property, and identify how marital assets will be divided.
As a general rule, using joint accounts and combining income, assets, gifts, inheritances, etc. can all be considered “comingling”. This can change separate non-marital property to marital property.
An example of time investments and adding value to an existing asset is if one spouse owns a house pre-marriage, but the other spouse adds value to the house (building additions, repairs, or using personal income to pay for the additions/repairs). The spouse’s time and added value to house may be considered marital property and allocated between the parties.
Hiring one of the best divorce lawyers Bloomington IL is essential to maximize the assets you receive in the divorce and secure your financial future. Retirement accounts can be one of the hotly contested issues and having one of the best divorce lawyers Bloomington IL on your side to protect you is critical.
Retirement Plans Are A Complicated Gray Area
Retirement benefits accrued during a marriage may be considered marital property and the court may divide the marital portion of retirement benefits between the spouses in a divorce case.
Thus, while an individual retirement account (IRA) obtained pre-marriage may appear to be non-marital property, the benefits obtained during the marriage are marital property. The best divorce lawyers Bloomington IL can help you develop a property division strategy which accounts for the retirement benefits in conjunction with other marital property.
There are many different ways to handle the division of an IRA and it greatly depends on the specific circumstances of the parties:
Option 1: Instead of dividing IRA, obtain assets from other property.
Option 2: Transfer portion of IRA to an already opened IRA with a different company.
Option 3: Open an IRA account at the company where current IRA is held and transfer money between the IRAs.
Your divorce lawyer in Bloomington IL can help you decide which option benefits you the most.
To further complicate things, state employees and employees with a 401k have additional rules that govern their divorce cases.
A QILDRO or QDRO may be entered by the court for the division of retirement benefits of state employees and employees with a 401k and/or pension.
Qualified Illinois Domestic Relations Order (QILDRO)
QILDROs apply to state employees. Specifically, QILDROs apply to Illinois public retirement systems and are governed under Illinois state law.
The following are just a few examples of Illinois public retirement systems:
- Illinois Municipal Retirement Fund (IMRF)
- State Employee Employees’ Retirement System of Illinois (SERS)
- Teacher’s Retirement System of Illinois (TRS)
- State Universities Retirement System (SURS)
In an Illinois divorce case, a QILDRO is a court order which explains how the Illinois public retirement system is to pay a member’s retirement benefit to the ex-spouse.
QILDRO must be approved/accepted by the court and the Illinois public retirement system.
Depending on how the retirement benefits are being divided, you may need a QILDRO Calculation Order (QCO) in addition to the QILDRO. You need to retain one of the best divorce lawyers Bloomington IL to make sure this is done correctly.
Qualified Domestic Relations Order (QDRO)
A QDRO only applies to retirement plans covered by the Employee Retirement Income Security Act (ERISA) which may include 401(k)s and pensions and is governed under Federal law.
A QDRO does not apply to IRAs.
In an Illinois divorce case, a QDRO is a court order which explains how a retirement plan is to pay a member’s retirement benefit to the ex-spouse.
A QDRO must be approved/accepted by both the court and the retirement plan administrator.
QILDROs and QDROs are too complicated to draft without the help of one of the best divorce lawyers Bloomington IL. It will benefit you greatly to rely on the best divorce lawyers Bloomington IL at KGN to protect your retirement benefits.
An important financial aspect of a divorce is the financial support one spouse may be required to pay to the other to maintain the standard of living acquired during the marriage. This post divorce support is typically referred to as alimony or maintenance.
Alimony
Alimony is also referred to as maintenance or spousal support. The best divorce lawyers Bloomington IL can help you understand the amount and duration of alimony that you may be entitled to receive or be required to pay.
To determine the alimony amount and duration, follow the current alimony statute. Keep in mind, the court has discretion so the judge may deviate from the statute if the judge finds it necessary given your situation.
If you may be entitled to receive alimony and need money now from your spouse in order to pay for expenses, you may want to file a motion for temporary maintenance (alimony) with the court in your pending divorce case.
The Supreme Court has issued a standard Financial Affairs Affidavit form that the filing party needs to complete. Your motion for temporary maintenance (alimony) also needs to attach a Financial Affairs Affidavit with accompanying documents, including, but not limited to, income tax returns, pay stubs, and bank statements.
It is very important prior to filing for divorce that you gather and organize your financial documents to make this process easier on yourself and your divorce lawyers Bloomington IL, which will save you time and money.
Important Changes To Illinois Alimony Laws
The laws regarding alimony changed in 2015, and have been amended several times since. This is an important and evolving area of the law so retaining one of the best divorce lawyers Bloomington IL can greatly benefit your case.
If you are interested in learning more about the alimony rule changes, then you may want to read Alimony In Illinois: A Beginner’s Guide. This guide also provides several examples explaining how to accurately determine the amount and duration of alimony in Illinois based on the parties’ income and other factors.
With respect to taxes, prior to December 31, 2018, people who made alimony payments were able to deduct those payments for tax purposes and were taxable by the person receiving the alimony payments.
Now, alimony payors have to make his/her alimony payments and pay the taxes associated with those alimony payments for divorces which are entered after December 31, 2018. This may seem shocking for alimony payors. However, the statute with respect to calculation for alimony is supposed to take into consideration how these tax liabilities have changed.
Since the statute is supposed to counteract the additional tax consequences for the alimony payor, it may not end up making a substantive difference depending on the circumstances. The best divorce lawyers Bloomington IL have alimony calculation software that can help you understand your alimony payment and alimony tax liabilities.
Modifications of alimony payments with respect to divorces which were entered prior to 2019 can retain their original respective tax deductions and liabilities. However, this is only true if the alimony modification order explicitly states that tax deductions and tax liabilities will remain under the pre-2019 law and you use the same pre-2019 alimony guidelines to calculate alimony payments.
Child Custody
Illinois does not use the terms “child custody” or “visitation” anymore. Courts refer to these issues as “Allocation of Parental Responsibilities”. Parental Responsibilities include decision-making and parenting time.
The main decision-making responsibilities are health, education, religion, and extracurricular activities.
Courts determine parenting time based on the best interests of the child. The parenting time schedule will depend on the parties’ circumstances.
Either party may request a guardian ad litem (GAL). The court may also appoint a GAL. The GAL is an attorney who is supposed to advocate for the child’s best interests.
The judge may order parenting time restrictions, meaning supervision or a protective drop-off and pick-up setting. Restrictions are often appropriate when the court has safety concerns about the child’s physical, mental, or moral health.
Child Support
There are guidelines to determine which party should pay child support and how much. The parent with primary parenting time is typically the party eligible for child support. Whether a parent is considered to have primary parenting time and the amount of child support largely depends on the number of overnights with each parent.
The parties’ income is obviously a significant factor as well. Child support is an extremely important issue when there is a large disparity between each party’s income. If you may be entitled to receive child support and need money now for your children, you may want the your divorce lawyers Bloomington IL to file a motion for temporary child support with the court in your pending divorce case.
The motion for temporary child support needs to attach a Financial Affairs Affidavit with accompanying documents, including, but not limited to, income tax returns, pay stubs, and bank statements. The Supreme Court has issued a standard Financial Affairs Affidavit form that you are to complete. It is very important prior to filing for divorce that you gather and organize your financial documents to make this process easier on yourself and save you time and money.
Parties also have the option to work out child support by agreement. It is helpful to have one of the best divorce lawyers Bloomington IL to assist you with calculating the child support you may be entitled to or required to pay.
With respect to taxes, the child dependency exemption / child care tax credit may be an issue in your case. Generally, whoever claims the dependent children on his/her income tax returns may receive a larger income tax refund. You should meet with your divorce lawyers Bloomington IL to discuss the best options for you to benefit from this exemption / tax credit.
There are several different ways to allocate child dependency exemptions such as alternating years in which one party can claim the children or dividing up the children between the parties. It is worth noting that if you claim the children on your taxes it increases your income, which in turns means that the child support payor may have to pay more in child support—how much more is fact/case specific as it may be minimal or significant.
Whether child support is an issue that can worked out by agreement or requires a hearing before a judge, the best divorce lawyers Bloomington IL can develop a strategy to ensure your children are provided for and protect your financial interests.
We Can Relate
For the clients who need to emotionally prepare themselves before moving forward, we understand. Maybe you are about to divide a life you built together for decades. Maybe you are struggling to cope with the possibility of not being able to see your children every day. Maybe your spouse is controlling, abusive, or uses drugs. We have seen all types and none of it is easy. Having a lawyer who relates and genuinely cares can make a world of difference. Which is why in addition to experience, wisdom, and passion, the best divorce lawyers Bloomington IL have empathy for their clients.
Empathy comes from experiencing pain yourself and wanting to help guide others through their challenges. Koth Gregory & Nieminski’s managing partner, Dustin Koth personally dealt with a child custody case, which was very challenging because of the unfortunate actions of his wife’s ex. Mr. Koth understands how to navigate the legal process, but that didn’t completely eliminate the stress. When the case involves a child, it is difficult as a parent not to worry about how the case is impacting them.
Mr. Koth’s case also involved an order of protection against the biological father, which is another level of stress and an important subject for parties to understand in a family law case.
Orders Of Protection
If your spouse harms you or children in any way, you should strongly consider pursuing an emergency order of protection immediately. The harm can be physical, sexual, or emotional and the judges in McLean County may grant the Emergency Order of Protection for two weeks without having a substantive hearing on the issue.
For this first step, it may not be necessary to hire one of the best divorce lawyers Bloomington IL because the judges usually like to hear directly from the person who filed the Emergency Order of Protection. However, you need to hire a lawyer shortly afterwards because there is usually a substantive hearing at the end of the two weeks to determine whether the order should remain in effect. This substantive hearing is usually hotly contested and having one of the best divorce lawyers Bloomington IL can help tremendously.
If you have urgent safety concerns, do not wait. Meet with one of the best divorce lawyers Bloomington IL right away and get the Emergency Order of Protection in place to protect yourself.
Practical Steps
As a practical matter, it is important to keep in mind that the Order of Protection is just a piece of paper. Even the best divorce lawyers Bloomington IL and even the best legal outcomes do not necessarily keep you safe. While there are legal consequences for your spouse ignoring the order, there is nothing physically stopping them from approaching you. Thus, you may also want to contact the police and find a safe family member or friend to stay with if the circumstances warrant it.
Furthermore, if you hire one of the best divorce lawyers Bloomington IL, they may be able to use the Order of Protection to get you the upper hand in future child custody hearings. Thus, there are many reasons to pursue an Order of Protection if the circumstances support it.
One important practical thought to keep in mind in any divorce case is that whatever you put in writing to your spouse can and probably will be seen by the judge. So avoid negative texts, emails, and social media messages and commentary.
Click here to schedule a consultation with the best divorce lawyers Bloomington IL.
If you want to continue reading about the other issues that may be involved in your case, such as maintenance/alimony, child custody, and child support, the main page on our website provides additional information regarding divorce and family law. You can also check out the Related Topics below for information on those specific topics.
Related Topics:
High Profile Divorce | How Do I Know If My Spouse Is Hiding Money | What Is Marital Property Versus Non-Marital? | KGN’s Initial Consultation Fee & Process | Cannot Afford A Lawyer? | Is There Still A Chance To Salvage Your Marriage? | Best Lawyers Bloomington IL
