Case Results


Success in the Courtroom: How Strategic Advocacy Secured Custody and Financial Victory in a High-Stakes Divorce

October 2022

Divorce is often a challenging and emotionally charged process, especially when children are involved. At Birt Family Law, we recently had the privilege of representing a remarkable client, let's call her Jill, whose determination, combined with our strategic legal approach, led to a triumphant resolution. Below we'll explore the key aspects of Jill's case and how she successfully navigated through the complexities of divorce to secure a majority of parenting time and a fair share of marital assets.

The Client: A Mother and Professional

Jill, a dedicated mother and a professional with a full-time job, approached our firm seeking legal guidance in her divorce case. Balancing a demanding career with the responsibilities of parenthood, she faced unique challenges that required a tailored legal strategy.

Uncovering Hidden Assets: The Discovery Process

One of the critical phases in the divorce proceedings was the discovery process. Our legal team conducted a thorough examination of financial records, uncovering crucial evidence that would later prove instrumental in challenging the opposing party's claims regarding non-marital assets. This meticulous approach ensured that all relevant information was brought to light, setting the stage for a fair and equitable distribution of marital property.

Fighting for Parenting Time: Pretrial Conferences

The two pretrial conferences played a pivotal role in shaping the outcome of Jill's case. Central to our argument was the importance of her consistent and reliable parenting schedule. By highlighting the impact of this schedule on her income and debunking false claims about her earning capacity, we successfully advocated for a majority of parenting time. This outcome not only reflected Jill's commitment to her child but also emphasized the court's recognition of the unique challenges she faced in balancing work and parenting responsibilities.

Financial Fairness: Overcoming False Claims

Facing opposition from the opposing party, Jill encountered false efforts to downplay her income. Through compelling evidence and a steadfast commitment to the truth, we were able to dispel these claims and secure a child support award and mandatory contributions to child expenses on her behalf. The court acknowledged the financial disparities between the parties and ensured that Jill received the necessary support to maintain a reasonable standard of living for herself and her child.

Jill's case is a testament to the power of perseverance, strategic legal representation, and prioritizing the best interests of the child in divorce proceedings. We at Birt Family Law take pride in helping our clients navigate the complexities of divorce, providing tailored solutions that lead to favorable outcomes. If you find yourself facing similar challenges, don't hesitate to reach out — we're here to help you embark on your journey to a brighter future.

Practice area(s): Divorce / Separation

Court: DuPage County

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.

Family Centered Divorce ∙ Mediation ∙ Co-Parenting

Birt Family Law is the family centered law and mediation practice with a focus on Restorative Divorce; offering creative and supportive legal and mediation solutions with one goal: keeping the separating family out of court and working together towards a positive resolution.

We offer multiple options to achieve this goal including mediation, coaching, co-parenting strategies, and Restorative Divorce services. 

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Birt Family Law is committed to keeping the separating family out of court and working together towards a positive resolution.