What type of lawyer handles divorce and custody cases?

Who handles what in an Illinois divorce or custody case?

A family law attorney, also called a domestic relations attorney or divorce lawyer, handles divorce, custody, support and related court work; other professionals have different, narrower roles.

Which lawyer should you contact for an Illinois family case?

A family law attorney is the type of lawyer to contact about divorce, custody or support. Domestic relations attorney is another name for this practice area. Divorce lawyer and custody lawyer describe particular kinds of family law work, rather than separate professional licenses. Illinois law now calls custody the allocation of parental responsibilities, which under 750 ILCS 5/600(d) means both parenting time and significant decision-making responsibilities.

In Cook County, divorce, parentage and allocation of parental responsibilities cases are heard in the Circuit Court's Domestic Relations Division. Suburban districts in Skokie, Rolling Meadows, Maywood, Bridgeview and Markham also hear domestic relations cases. In general, a lawyer who represents you in an Illinois court needs to be authorized to practice in Illinois.

You can explore family law help in Chicago, including divorce representation and child custody representation. Start with the issue you need help addressing, not the title on an office's website.

Is there a difference between a lawyer and an attorney?

In everyday speech, lawyer and attorney mean the same thing. You do not need to choose one title over the other for your divorce or custody issue. Neither word, by itself, tells you which matters a person handles.

The useful questions concern licensing and practice focus. Check whether the person is authorized to practice in Illinois, then ask whether they handle the kind of family matter you have. You can ask about parenting arrangements, support or ending a marriage without knowing the court's terminology.

You do not need two professionals just because their titles differ. Ask what help the person can provide and whether that work includes advice, document preparation or appearing for you in court.

Does Illinois recognize family law specialty certifications?

No. Under Illinois Rule of Professional Conduct 7.4(b), the Supreme Court of Illinois does not recognize certifications of specialties or of expertise in any phase of the practice of law, by any agency, group or organization. Rule 7.4(a) does let lawyers identify the fields in which they practice.

Rule 7.4(c) bars a lawyer from using 'certified,' 'specialist' or 'expert' to describe their own qualifications. The narrow exception is for truthfully identifying a certificate, award or recognition, and it requires the reference to state that the Supreme Court of Illinois does not recognize certifications of specialties and that the certificate is not a requirement to practice law in Illinois. These labels do not establish an Illinois-recognized specialty.

Ask about practice focus instead of relying on advertising labels. Does the lawyer handle divorce, parenting disputes or support issues? Which courts does the lawyer work in? Those questions help you understand the work offered, while a separate license check confirms authorization to practice.

Who else may be involved in a divorce or custody case?

Not everyone involved is your lawyer. A mediator is a neutral third party and does not represent either parent. Under 750 ILCS 5/602.10(c), the court orders mediation to help parents formulate, modify or implement a parenting plan, unless the court determines that an impediment to mediation exists. The Committee Comments to Illinois Supreme Court Rule 905 list family violence among the impediments that can excuse referral. Learn more about divorce mediation.

The court may appoint an attorney in one of three roles under 750 ILCS 5/506. These appointees serve the child, not either parent. The guardian ad litem role guide explains that appointment.

Roles you may encounter

• An attorney for the child provides independent legal counsel.
• A guardian ad litem investigates, interviews the child and parties, and, unless the court directs otherwise, gives the court and parties a written report, written recommendations or a proposed parenting plan.
• A child representative investigates and advocates what the representative finds to be in the child's best interests, considering but not bound by the child's wishes.
• A paralegal or a courthouse self-help center cannot represent you in court or give you independent legal advice.

When do you need a different kind of lawyer as well?

A family case may raise questions outside family law. If you face a criminal charge, ask about criminal defense counsel. For immigration status questions, ask about an immigration lawyer. You may need separate help even when the questions arise during the same family dispute.

Ask whether estate planning documents need review after divorce or whether DCFS involvement calls for separate help. You can explore legal help with DCFS matters. Business valuation and tax questions may call for non-lawyer professionals.

Tell each professional who else is involved, and ask what they handle. Clarifying those roles can help you understand which person to contact about each question without assuming your family lawyer handles every related issue.

Can a lawyer help with only part of your case?

Yes. Under Illinois Rule of Professional Conduct 1.2(c), a lawyer may limit representation when the limitation is reasonable under the circumstances and you give informed consent. With a written limited-scope agreement, Illinois Supreme Court Rule 13(c)(6) lets a lawyer appear in court for each aspect of the case identified in a Notice of Limited Scope Appearance filed on the approved statewide form. Ask for an agreement that clearly identifies which tasks the lawyer handles and which remain yours.

Under Illinois Supreme Court Rule 137(e), a lawyer may help prepare or review a pleading, motion or other document without making a general or limited scope appearance; you sign that paper when representing yourself. Ask about limited-scope family law representation if you want help with a defined task rather than the entire case.

Before agreeing, discuss what happens if your needs change. Ask how to recognize work outside the agreed scope and whom to contact if you need additional help.

What should you ask before you hire a family lawyer?

Focus on the work you need and how the working relationship would function. Use the 25 questions for a divorce consultation to prepare your notes. The guide to choosing a divorce lawyer addresses the selection process.

You can schedule a consultation to discuss the help you need. Bring any court papers you already have and a short list of your concerns.

Questions to ask before you hire

• What share of your practice involves family law?
• Which courts do you work in?
• Who would do the work on my matter?
• How are fees and scope set out in writing?
• How would we communicate, and whom should I contact with questions?

This guide provides general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.