Law Office of

Law Office of



Joseph J. Walczak is an attorney who has been licensed to practice law since 1988 and has over 20 years of Family Law experience in Cook, Will and DuPage County Courts.


FAMILY LAW:    At our firm, we can be as aggressive as you need us to be to achieve the outcome which is fair and acceptable to you. With our twenty years of experience to guide you and your case, we can avoid ineffective and wasteful strategies, and we can focus on effective strategies which give you the results you desire in the quickest possible time frame.

DIVORCE:  Divorce can be based upon fault and no-fault under Illinois law.  However,  the courts are not typically concerned with fault or no-fault when evaluating a divorce case and most issues in a divorce case focus on property division, maintenance or alimony, child custody and child support.

MARITAL PROPERTY: Marital property is subject to equitable division by the court.  Generally, marital property is considered all property acquired by either spouse subsequent to the marriage, except non-marital property. Marital property includes all wages, pensions and retirement accounts acquired during the marriage. Even a business, dental practice, law practice, physician practice, if acquired or established after a marriage can be marital property subject to equitable division. The way property is titled does not determine whether property is marital or non-marital property. For example, if stock is owned in the name of one spouse, or a business or dental practice is owned in one spouse's name, or vehicle or home is titled in one spouse's name, but the asset or property was acquired during the marriage (not by gift or inheritance, and no prenuptial or post nuptial agreement) that property is likely marital property subject to equitable division by the court regardless of how it is titled or owned.

CHILD CUSTODY:   Child Custody is one of the most important and sensitive issues in a divorce.  The court can order joint custody, sole custody and supervised visitation, depending on the facts and circumstances of a case.  The standard the court will use in making custody determinations is "What is in the best interests of the child or children."   Regardless of what type of custody is awarded, only one parent will be designated as the "residential parent" and the child or children will reside with the residential parent and the other parent will have visitation rights.  Visitation can be limited or liberal depending on the facts and circumstances and the aggressiveness and experience of the lawyers involved.  If custody and visitation is important in your case, you need an experienced and aggressive attorney like myself to represent you.  Inexperienced or unmotivated attorneys can result in unsatisfactory results.

CHILD SUPPORT:   Illinois changed the child support formula in year 2017.  Illinois switched from a flat percentage based system in which the non-residential parent pays the residental parent a flat percentage (i.e., 20%, 25%, 28%, 32%, 40%, 45%, 50%) of his or her net income to an income sharing approach in which both parents' incomes are compared along with the amount of overnights with the child or children to arrive at a support calculation. The residential parent for school purposes (the parent whom the child or children reside overnight) will usually be entitled to some amount of child support from the non-residential parent.  School expenses, day-care expenses, uninsured medical and deductibles are also allocated between the parties. Issues relating to amount of support involves determining net income, defining what constitutes income, including overtime and bonuses, and finding hidden income.

RETIREMENT ASSETS : Division of retirement accounts, including pension,401(k), SEP, and other retirement assets is often an important issue in long marriages or in marriages where these assets are substantial.  It is usually irrelevant who's name is on the pension, 401(k) or SEP and these accounts are usually marital property to the extent they were earned during the marriage.  These accounts are usually divided through a Qualified Domestic Relations Order or QDRO.

BUSINESS VALUATIONS:  I have substantial experience evaluating businesses and assets and work with several accounting firms and appraisers to assist in business valuations for the benefit of your case.  There are several acceptable legal methods for valuating a business including the Income Approach, Asset Value and the Hybrid-Approach.  In valuation of a business, tax considerations become important and will be considered in the valuation.  I and my support personnel have substantial experience in evaluating businesses and assets in the divorce setting.

ESTATE/PROBATE Often with a divorce comes estate planning as the divorced spouse wants to make sure his or her assets are not left to the ex-spouse.  My law firm has prepared hundreds of wills, trusts and powers of attorney, and other estate instruments to ensure that your ex-spouse will not obtain your assets and to provide income and assets to children, free of ex-spouse influence and control.  Further, I handle guardianships when necessary for adult disabled children.  I will provide you with an expert, experienced and informative review of your estate planning needs and the probate process, if applicable.

Illinois family law and estate attorney Joseph J. Walczak represents clients in Cook County, Will County, DuPage County, Kankakee County, and including downtown Chicago, and the Chicago suburbs of Palos Heights, Orland Park. Tinley Park, Bridgeview, Palos Park, Palos Hills, Worth, Alsip, Frankfort, New Lenox, Lemont, Homer Glen and other Chicago suburbs.

  Joseph Walczak is an experienced lawyer
  who is responsive to your needs.

His clients have complete access to him and they are not passed on
  to paralegals or assistants as is the practice in some firms.  He does all of the analysis, research and litigation so your case always has the benefit of his experience.


Joseph J. Walczak
Attorney At Law
12628 S. Harlem Avenue
Palos Heights, Illinois 60463
Tel: 708.361.3390
Fax: 708.361.3392

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