Posted on May 17, 2025 in Divorce

Divorce mediation is an effective tool for resolving disputes during divorce proceedings. Sometimes, the court will mandate that a couple attempt mediation before litigation, but you can also choose mediation as a means to reach a divorce settlement. An experienced Illinois divorce attorney can often act as an objective third party, helping you resolve issues and find a comfortable position of compromise. The first step is to understand the mediation process and when it is an obligation rather than a choice.

When Is Mediation Court-Ordered in an Illinois Divorce?

In Illinois, Circuit Courts require mandatory mediation for cases involving contested allocation of parental responsibilities. Therefore, if you and your spouse cannot agree on decision-making obligations, such as where your child will go to school and what doctor they will see, or how you will divide parenting time, the Court will require you to go to mediation in an attempt to work out those issues. Exceptions will likely be made in cases where the situation would impede mediation, like domestic violence or a highly uncooperative spouse.

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 Posted on May 14, 2025 in Division of Property

During the Illinois divorce process, the division of assets is one of the most important elements. For some couples, it is very straightforward, and for others, several factors can complicate the process. A large asset portfolio, substantial debt, commingled funds, and fluctuating property value can present many challenges. To avoid some common mistakes made when dividing property, reach out to an Illinois divorce property division attorney who can address your concerns about what will happen to your assets during divorce.

Miscalculating Asset Value in an Illinois Divorce

Resolving disputes and reaching a compromise outside the courtroom is ideal for most couples. However, when all elements of asset division are left to those with less experience, you risk undervaluing your assets, leading to a grossly inequitable distribution or negative financial implications you had not considered.

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 Posted on April 29, 2025 in Divorce

A finalized divorce decree can have long-term consequences for both spouses, especially when dealing with asset division, parenting time, and support obligations. But what if the outcome of your case feels unfair or was based on a serious error? In Illinois, a divorce order may be appealed under certain conditions, but the process is not automatic and not every decision can be reversed.

Understanding when and how to file an appeal is essential before taking action. Our experienced Illinois divorce attorney can help determine whether an appeal is appropriate and guide you through the process.

What Are the Grounds for Appealing a Divorce Order?

An appeal is not a second chance to argue your case or revisit facts simply because you are dissatisfied with the outcome. Instead, the appellate Court will review the original trial for legal or procedural errors that may have impacted the decision.

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 Posted on April 22, 2025 in Divorce

When divorcing spouses cannot agree on key issues such as property division, parenting responsibilities, or financial support, the divorce is considered "contested." Contested cases are typically more complex and require more time, resources, and legal intervention than uncontested divorces. While many contested divorces in Illinois are eventually resolved through mediation or settlement negotiations, some require formal litigation to reach a resolution.

As a contested divorce progresses, each spouse must provide detailed information and documentation to the other through a legal process called discovery. One important tool in discovery is the deposition, a formal question-and-answer session conducted under oath. Understanding what happens during a deposition and how to prepare for it can help reduce anxiety and protect your interests as you move through the divorce process. A qualified Illinois divorce lawyer can answer your questions and help you navigate the stages.

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 Posted on April 11, 2025 in Child Custody

People who are beginning the divorce process or considering divorce often encounter terms they do not fully understand. Misunderstanding these terms adds unnecessary stress and confusion to an already challenging situation.

To make informed decisions, anyone facing divorce in Illinois should understand several common legal terms. Here, our Illinois divorce attorney clarifies some frequently misunderstood divorce concepts, beginning with "parental responsibilities."

Parental Responsibilities: More Than Just Custody

Illinois no longer uses the term "custody" to define how parents share responsibility for raising their children. Instead, the Court uses the term "parental responsibilities." This term includes the authority to make significant decisions about the child's upbringing, such as those regarding education, medical care, religion, and extracurricular activities. Parental responsibilities can be shared jointly or allocated primarily to one parent, depending on what the Judge believes to be in the child's best interests.

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 Posted on April 03, 2025 in Divorce

Most people are aware that divorce can be difficult, but for some, the hardest part begins after the final Court order has been entered. Once the legal decisions have been made and the marital ties are severed, divorced spouses often face a second wave of adjustment — the emotional, social, and financial realities of starting over. Understanding these post-divorce challenges can help people prepare and take practical steps forward, and our Illinois divorce attorney is here to help you with those practical steps.

How Does Divorce Affect Friendships and Social Life?

Divorce can lead to unexpected changes in social circles. Friends may feel uncertain about how to maintain relationships with both former spouses. Some may take sides or disappear altogether. Holidays, birthdays, and mutual friendships can become complicated.

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 Posted on March 25, 2025 in Paternity

In Illinois, establishing paternity, or the legal relationship between the biological father and child, influences crucial issues such as child support, visitation, and custody. When a woman who gives birth is married, her husband is automatically considered the baby’s father. If the parents are not married, there are several ways paternity can be established and each method suits different scenarios. If you are a parent with questions about establishing paternity, an Illinois paternity lawyer can assist you.

Why Establish Paternity? 

As the father or mother, establishing paternity matters for several reasons, including: 

• Determining the child’s legal rights and responsibilities, including the right to receive child support, inherit property, and have visitation rights.

• Enabling a birth certificate for the child that includes the father’s name.

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 Posted on March 24, 2025 in Divorce

Every couple starts their marriage thinking they will be happy and married forever. However, statistics show that divorce is common in the US, with 673,989 divorces in 2024 alone. If you face divorce, you may have financial concerns, which may tempt you to forge ahead without hiring an Illinois divorce attorney. However, you should strongly consider retaining a seasoned Illinois divorce attorney with The Law Office of Nicholas W. Richardson, P.C. for several critical reasons.

Safeguard Your Legal Rights

Every divorce is different. Without a divorce lawyer, you may be unaware of complex family law details and how they apply to your divorce. A skilled attorney will ensure you know your legal rights regarding alimony, child custody and visitation, division of assets, and more. Your attorney will help you avoid common mistakes that could lead to an unfavorable divorce settlement outcome.

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 Posted on March 18, 2025 in Child Support

Child support is intended to ensure that children’s basic needs are met following a divorce or separation. However, parents often disagree about what expenses child support should cover. While child support payments are typically calculated using a formula, there is some flexibility in their amount, especially for parents with children who have additional needs.

The first step to negotiating child support payments that meet your child’s needs is to talk to an Illinois child support attorney who can help you understand what child support is meant to cover and when you can ask for more.

Basic Necessities: The Core of Child Support

Child support is meant to help cover the essential costs of raising a child. These include:

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 Posted on March 06, 2025 in Spousal Support

When a couple decides to end their marriage, they must address a variety of concerns as they proceed with their divorce. In some cases, spousal maintenance (also known as spousal support or alimony) is one of those concerns. 

A spousal maintenance order creates a legal obligation for one spouse to pay financial support to the other. These payments may be necessary to ensure that both spouses can maintain a reasonable standard of living. However, spousal maintenance is not automatic, and the Court considers multiple factors when determining whether support should be awarded. An Illinois divorce lawyer can help explain further. 

Temporary Alimony in Illinois  

Temporary maintenance, as the name suggests, is awarded for a limited period of time during divorce proceedings. This support helps the lower-earning spouse maintain financial stability until a final spousal maintenance order is issued. It allows both spouses to meet their financial needs while the divorce process is ongoing. Temporary support ends once the divorce is finalized, at which point the Court will decide whether to award long-term maintenance.  

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