Top 6 Questions Divorce Lawyers are Asked in Illinois

 Posted on February 19, 2014 in Family Law

1. Why should I hire your law firm, Martoccio & Martoccio when there are so many other law firms out there?

The short answer is we will fight for your rights. We will make sure that you get what you deserve and what you need. To us, your case is important.

We believe that every client is entitled to get the best representation available no matter what their income or assets.

Let me tell you a true story that happened to me. I was handling a case not that long ago. We were standing before the Divorce Judge and the other lawyer said to the Judge "no need to worry about this case Judge, this is only a "small" divorce case.

I immediately spoke up rather loudly and said to the Judge "No!" Your Honor this is not a "small" divorce case, this is the most important case in my clients life. That is how I look at it Judge and that is how you should look at it as well.

2. What experience have you had in divorce cases?

One of the lawyers in our firm, Martoccio & Martoccio has had over 40 years of actual experience in negotiating, settling and trials of contested divorce cases and related cases such as paternity, custody and division of assets. Two of the other lawyers in our firm have had 15 years or more of such experience.

The newest and youngest member of our firm, Attorney Mark Imielski was hired specifically to have his knowledge of people in their 20s and 30s who have yet to experience divorce and to address their unique issues.

Two of the members of our firm have been divorced themselves. There is a saying in the law that: "Divorced Lawyers Make the Best Divorce Lawyers."

3. Does your law firm Martoccio & Martoccio handle complex divorce cases which involve high-income and high-asset clients only?

While we do handle high-income and high-asset cases, we also represent clients from all income levels. We try to accommodate each clients needs while recognizing that they may be on a limited budget.

4. Do you specialize in men's or women's divorce cases?

We represent an equal number of men and women in their divorce cases. This is a conscious choice on our part since those lawyers who represent men only or women only frequently do not understand the other side in the case and therefore lack the knowledge and experience to be able to do a good job.

5. Do you consider your law firm, Martoccio & Martoccio to be experts in divorce or to specialize in divorce law?

By the way, an Illinois lawyer is prohibited from claiming he or she specializes in divorce, by the Illinois Supreme Court since there is no certification process or recognized training to make a lawyer a "specialist divorce lawyer"

While our firm, Martoccio & Martoccio frequently hires "experts" in divorce cases, including expert forensic accountants, expert child custody evaluators, and expert appraisers, Illinois Lawyers cannot claim that they themselves are "experts" in divorce since they are prohibited by the same rules that prevent Illinois Lawyers claiming they "specialize" in divorce. So the short answer is no.

6. Do you believe it is better to mediate and negotiate than go to trial?

I believe that it is best to work with our client and determine what the client's goals and needs are and to create a plan. The plan should include the ultimate goals to be obtained and a systematic method of doing so. Frequently lawyers in divorce do not have a plan but allow the other side or their workload to dictate how the case should be handled. This is the opposite to what is an effective way to help the client resolve the major issues of his or her life.

Once you have a "plan" then it becomes a question of whether you can get what the client wants and needs by settlement and if so, what settlement is the best option. If the only way to get what the client wants and needs is by trial and then trial is the best option.

Mediation and negotiation frequently are the best methods to resolve the parties divorce differences particularly where children are involved, since those methods tend to have a less abrasive impact on the parties and the children, but not always.

On the other hand, Mediation and negotiation may sound best on the surface, but they are best in fact only if they render the best results.

Sometimes cases are mediated or negotiated to death whereas a brief trial taking say, an afternoon or one day, would save the client considerable sums of money in attorneys fees and costs spent endlessly trying to mediate or negotiate when the other side is stubborn as a mule. Sometimes negotiation and mediation are the worst way to resolve such a case.

In other words you should not be afraid to mediate if that result will give the best results for the client and likewise you should not be afraid to go to trial, if trial would render the best result for the client. Contact Martoccio & Martoccio at 630-920-8855.