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palatine divorce lawyerOver the course of many years of marriage, couples generally accumulate a large sum of money for retirement. Whether through careful saving and investment, working hard and earning a pension, or any combination of other investment strategies, Illinois couples depend upon their retirement plans to carry them throughout their later years. 

The prospect of divorce can feel very threatening to your retirement income, and rightfully so; marital assets must all be divided in divorce and this can leave both you and your spouse with more expenses and less resources. However, with careful planning, rigorous negotiation, and excellent legal representation, there are ways for you to protect your retirement goals during divorce. Here are three great steps to help you begin. 

Understand Your Retirement Plans and Administrative Rules

Couples often divide labor, leaving one spouse to manage certain parts of the household and one spouse to handle the rest. Finances are frequently managed by only one spouse, and if you are the spouse who is not very involved in handling money, now is the time to begin.

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palatine child support lawyerChild support payments help single and divorced parents cover child-related expenses. During these challenging times, financial assistance through child support is more important than ever. However, for various reasons, some parents stop paying child support. In some cases, a parent loses his or her job and can no longer afford support payments. Other parents are simply irresponsible or selfish and intentionally choose to ignore this important responsibility.

Whatever the cause, non-payment of child support is not taken lightly by Illinois Courts.

What to Do When a Parent Cannot or Will Not Pay Child Support

If you are an obligor, or payer, or child support and you cannot afford your current child support obligation, do not simply stop paying. The Court can take adverse actions against you, which will only make your situation worse. Depending on your circumstances, you may qualify for a child support order modification. For example, if you were laid off from your job and are genuinely trying to get a new job, you may be able to reduce your obligation for the time being.

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palatine divorce lawyerIf you share custody of your children with an ex-spouse and he or she wants to move away with the kids, you may be frustrated, worried, and unsure of what to do. Do I have a say in whether my ex moves?  Can I challenge a parental location in Illinois? It can be difficult to deal with a parental relocation if you are not sure what your legal options are. In this blog post, we will discuss parental relocation and how it is typically handled by the Court system. We will also provide some tips on how to challenge a parental location if you believe that it is not in the best interests of your children.

Parental Relocation Laws in Illinois

Moving to a new home can provide new opportunities and a fresh start. However, moves are not always in a child's best interests. Many divorced and unmarried parents worry that if the other parent moves away, it will negatively affect their relationship with their child. They may also worry that the child will struggle to adjust to a new home, school, neighborhood, and community.

Parents with the majority of the parenting time (formerly called the custodial parent) and parents in a shared parenting arrangement (relatively equal parenting time) must follow certain procedures to relocate. Under Illinois law, a parent who wants to move must notify the other parent of their plans and provide certain information, such as the address of the new home and a proposed parenting time schedule. If the other parent objects to the relocation, he or she can file a petition with the Court. The Court will then hold a hearing to determine whether the relocation is in the best interests of the child.

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palatine divorce lawyer Collaborative divorce is an alternative dispute resolution method divorcing couples can use to reach an agreement on the terms of their divorce. The collaborative process allows the spouses to negotiate issues such as the division of marital assets and debts, child custody, and spousal maintenance. Ideally, spouses can reach a settlement through the collaborative process and avoid the litigation process.

There are many benefits to the collaborative process. Spouses remain in control of the outcome of the divorce and keep the case out of Court. The process is also confidential, unlike many Court proceedings. Parents may find that working cooperatively during the collaborative divorce process also sets them up for a cooperative co-parenting relationship after the divorce. One of the most important benefits of a collaborative divorce is the insight provided by third-party professionals.

Collaborative Professionals Can Help You Reach a Mutually Agreeable Divorce Resolution

A collaborative divorce begins with each spouse retaining a collaborative attorney. The parties each have a lawyer who advises them and provides legal guidance, however, the attorneys are not pitted against each other. The attorneys are focused on negotiating a divorce resolution that both spouses agree to.

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palatine divorce lawyer Prenuptial agreements and premarital agreements allow engaged couples to define their financial rights and obligations before they get married. Most family law attorneys are seeing an increase in prenuptial agreements – especially among millennials. Modern couples are getting married later in life and often have significant assets, including business interests, cryptocurrency, and real estate. They may also have significant debts, including student loans and credit card debt.

A prenuptial agreement is a great way to protect financial interests and set the terms of spousal maintenance in the event of divorce. However, prenuptial agreements are not always enforceable by the court. This blog will discuss the requirements for prenuptial agreements in Illinois and some issues that can cause a prenuptial agreement to be unenforceable.

The Illinois Uniform Premarital Agreement Act

A prenuptial agreement provides a roadmap for how property and financial matters will be handled if the marriage ends through a divorce or the death of a spouse. Illinois courts follow the standards set forth in the Illinois Uniform Premarital Agreement Act (IUPAA): Illinois prenuptial agreements must be in writing. Each spouse must agree to the provisions in the agreement and sign the document.

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Introducing The Law Office of Nicholas W. Richardson


Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.

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