General Firm Questions
What types of cases does LaRocque Law handle?
LaRocque Law is a Chicago-based family law firm representing clients in Cook, DuPage, and Will Counties.
Our practice focuses on divorce, allocation of parental responsibilities (commonly called custody), parenting time, child support, spousal maintenance, property division, prenuptial and postnuptial agreements, post-decree modifications, relocation, and Orders of Protection.
We handle both agreed and contested matters, including cases involving complex financial issues and litigation.
Our approach is straightforward: resolve disputes efficiently when possible and litigate when necessary to protect our clients' interests.
Do I need a lawyer to file for divorce in Illinois?
No. Illinois law does not require you to hire an attorney to file for divorce. You may represent yourself.
However, divorce involves more than ending a marriage. Decisions concerning property division, retirement accounts, maintenance, parenting arrangements, and financial obligations can have lasting consequences.
Working with an attorney early can help you understand your rights, identify potential issues, and avoid agreements or decisions that may be difficult or expensive to correct later.
At LaRocque Law, we focus on developing a clear strategy from the outset so that each step serves a purpose.
How long will my family law case take?
The timeline depends on the type of case, the issues involved, the parties' willingness to cooperate, and the court's schedule.
An uncontested divorce or agreed modification may be resolved within weeks or months once the necessary documents are complete. Contested matters, particularly those involving significant financial disputes, complex assets, or parenting disagreements, can take a year or longer.
Although no attorney controls the court's calendar or the opposing party's conduct, preparation and organization can help avoid unnecessary delays.
At LaRocque Law, we identify the issues that matter, establish a strategy, and work toward resolution without prolonging litigation simply for the sake of litigation.
How much does it cost to hire LaRocque Law?
Legal fees depend on the type of case, its complexity, the number of disputed issues, and the amount of attorney time required.
At LaRocque Law, most matters are billed hourly against an initial retainer. During the consultation, we discuss the anticipated scope of representation, applicable rates, and initial retainer requirements. All billing terms are outlined in a written engagement agreement.
We believe legal fees should serve a purpose. Before recommending litigation, we consider the likely cost, potential benefit, and whether a less expensive approach could accomplish the same objective.
Our goal is to protect your interests without spending your money on disputes that are unlikely to produce a meaningful result.
What is allocation of parental responsibilities in Illinois?
Illinois generally uses the term "allocation of parental responsibilities" instead of the traditional term "custody."
Parental responsibilities include two distinct components:
Significant decision-making responsibilities: Authority over major decisions affecting a child's education, healthcare, religion, and extracurricular activities.
Parenting time: The schedule establishing when a child spends time in each parent's care.
These responsibilities are determined separately. Parents may share decision-making authority without having equal parenting time, and one parent may have exclusive authority over certain decisions while sharing others.
Illinois courts allocate parental responsibilities according to the child's best interests, not simply what either parent considers fair.
What is mediation in an Illinois family law case?
Mediation is a process in which a neutral third party helps the parties communicate, identify disputed issues, and work toward an agreement without having a judge decide those issues.
Mediation is commonly used in disputes involving parenting time, significant decision-making responsibilities, and other parenting arrangements. Under Illinois law, courts generally must order mediation to assist parents with parenting plans unless circumstances make mediation inappropriate. Mediation may also be used voluntarily to resolve financial or other family law disputes.
The mediator does not act as either party's attorney or impose a resolution. If the parties cannot reach an agreement, the unresolved issues may proceed through the court process.
What should I do before filing for divorce in Illinois?
Before filing for divorce, it is helpful to understand your financial circumstances, identify your priorities, and avoid decisions that could complicate the proceedings.
A few practical steps include:
Gather financial records. Collect available tax returns, pay statements, bank statements, retirement account information, mortgage documents, and records of significant assets and debts.
Understand your finances. Identify household expenses, sources of income, and financial obligations.
Avoid significant financial changes without legal guidance. Large withdrawals, transfers, unusual spending, or changes involving marital property can create additional disputes.
Preserve relevant information. Keep copies of important financial records and communications that you are legally entitled to access.
Be cautious with informal agreements. An agreement concerning property, support, or parenting arrangements may have lasting consequences even if it seems straightforward.
You do not need to have everything figured out before consulting an attorney. In fact, one of the benefits of seeking advice early is understanding which decisions should be made now and which should wait.
750 ILCS 5/501 and 750 ILCS 5/503.
What happens to marital debts in an Illinois divorce?
Illinois courts divide marital debts as part of the overall division of marital property. However, that does not mean every debt is automatically divided equally.
Under 750 ILCS 5/503, marital property includes debts and other obligations acquired during the marriage, subject to statutory exceptions.
The court considers the parties' financial circumstances and other relevant factors when determining an equitable division. Depending on the circumstances, one spouse may be assigned responsibility for a particular debt, or the parties may agree to divide certain obligations.
Importantly, a divorce judgment assigning responsibility for a joint debt does not automatically release either spouse from liability to the creditor. For example, if both spouses signed a credit card agreement or mortgage, the creditor may still have the right to pursue either person unless the obligation is refinanced, paid, or otherwise resolved.
A well-drafted divorce agreement should address not only who is responsible for each debt, but also how and when those obligations will be satisfied.
What makes LaRocque Law different from other family law firms?
At LaRocque Law, we are litigation-ready, not litigation-driven. There is a difference.
We believe litigation should be used as a tool to protect your interests, move your case forward, or achieve a meaningful result—not simply as a reaction to the other party's behavior.
From the beginning, we focus on identifying the issues that matter, developing a clear strategy, and evaluating the likely costs and benefits of each step.
That means we do not recommend filing motions simply because we can. We consider whether the potential result justifies the time, expense, and risk involved.
When litigation is necessary, we prepare accordingly. When an issue can be resolved efficiently without court intervention, we pursue that option.
Our objective is not to keep you in litigation. It is to help you reach a resolution that makes sense for your circumstances and long-term interests.
How do I get started with LaRocque Law?
The first step is to schedule an initial consultation.
During the consultation, we will discuss your circumstances, identify your primary concerns, and review the legal options available to you. We will also explain our approach, anticipated next steps, and the initial retainer and billing structure if you decide to retain the firm.
Our office is located in Chicago's West Loop, and consultations are available remotely for your convenience.
To get started, select the Schedule a Consultation button on this page.