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Recent Blog Posts
Can Social Media Really Influence My Divorce Case?
Facebook, Instagram, Twitter, TikTok, and other social media platforms are extremely popular. The majority of Americans have at least one social media account, if not several. For many people, posting on social media is second nature. They share pictures, thoughts, ideas, or opinions without even thinking about it. However, social media use during divorce can be risky. Anything you share online during a divorce has the potential to influence the outcome of your case.
How Facebook and Other Social Media Websites Can Affect Your Divorce
In a contested divorce case, each party is looking for evidence that strengthens their case. Evidence is gathered by each spouse's attorney during the discovery portion of the divorce. You may be surprised to learn that information from social media websites is increasingly used as evidence in divorce cases. One study found that 81 percent of divorce attorneys had presented social media evidence in court.
Common Challenges in a High Net-Worth Divorce
Many people falsely assume that having significant wealth eliminates most, if not all, of an individual's problems in life. However, having a high net worth often leads to its own unique set of problems and challenges, especially when a marriage ends in divorce. If you are planning to end your marriage and you or your spouse own high-value assets or have a high income, you need to know how this can influence the divorce process. This blog will discuss some common challenges that people with high net worth face during their divorce.
Getting Divorced When You Have High-Value Assets and Income
High-net-worth divorce cases are often much more complex than an average divorce case. As you prepare for divorce, make sure to plan for challenges such as:
- Valuing assets - One of the biggest challenges for people with high net worth is properly valuing all their assets. Bank account balances are easy to calculate, but valuing more complex assets such as businesses, stocks, and real estate can be much more difficult. Fine art, jewelry, antiques, collections, and other unique items may also need to be valued. It is important to get an accurate appraisal in order to ensure that your marital assets are divided fairly.
10 Tips for Handling Holiday Co-Parenting Stress
For children, Thanksgiving, Christmas, Hanukkah, and other holidays are a time of joy, celebration, and memories. Unfortunately, they can also be a time of stress for parents who are divorced or separated. If you are a divorced parent or soon will be, you may be struggling to manage the holiday stress as a co-parent. There is no way to completely avoid parenting stress and conflict this time of year, but you may be able to reduce some of the tension. Here are ten tips to help you handle the holiday season with less stress when co-parenting.
Surviving the Holidays as a Divorced Parent
During fall and winter holidays, the normal routine can be disrupted. Children have a break from school, extended relatives visit from out of town, and events quickly fill up the calendar. All this change can be difficult to navigate as a divorced parent. If you are separated or divorced, consider the following tips for the holiday season:
What Happens to Our Rental Properties if We Get Divorced?
Many people buy real estate properties and rent them out to individuals or businesses for profit. Owning rental properties can provide consistent income during a marriage, however, these same properties can cause significant legal and financial headaches during divorce.
If you own rental properties and you are ending your marriage, it is important to understand your rights and responsibilities regarding the properties themselves as well as the income generated by the properties.
Marital Versus Non-Marital Property
Assets acquired by a spouse during the marriage are generally considered marital property jointly owned by both spouses. Property that is acquired before the marriage is non-marital property. However, there are several exceptions to these rules. Property that is excluded from the marital estate through a prenuptial agreement or other marital agreement is non-marital property regardless of when or how it was acquired. Property, including real estate, acquired through inheritance is usually non-marital property. Non-marital property can also become marital property if both spouses contributed o the increased value of the property.
Considering a Trial Separation? Know the Potential Risks
When a married couple finds themselves frequently arguing, facing the repercussions of an affair, or simply falling out of love, they may decide to try a trial separation. The hope is that by spending some time apart, the couple will be in a better position to decide what to do next.
Divorce is a huge decision and not one that should be taken lightly. By living separately temporarily, the spouses may have the space they need to figure out whether divorce is the right step.
When it comes to trial separations, results vary. Some separations end with both parties realizing how much they love each other and wish to remain married. Other times, trial separations end with divorce papers. If you are thinking about a trial separation, make sure to consider the following.
Separation and Legal Separation Are Two Completely Different Things
Supervised Visitation and Other Parenting Time Restrictions in Illinois
Illinois Courts presume that it is ideal for a child to have both of his or her parents involved in his or her life. However, this is a rebuttable assumption. Ultimately, the Courts determine all child-related decisions based on what is in the child's best interests. If there is evidence that a parent's involvement in a child's life is harmful or dangerous, the Court may implement parenting time restrictions. Supervised parenting time or supervised visitation is one of the most common types of parenting time restrictions but it is just one of several restrictions the Court may enforce.
Conditions and Limitations on Parenting Time
Illinois law defines a parenting time restriction as any condition placed on a parent's parenting time. Courts only limit parenting time in this manner if the Court finds that unrestricted parenting time would "seriously endanger the child's physical, mental, moral, or emotional health."
Divorcing a Spouse with an Opioid Addiction
According to a recent report, nearly 75,000 individuals in Illinois suffer from Opioid Use Disorder. Drug addiction involving opioids like oxycodone, morphine, heroin, and fentanyl can absolutely devastate a person's life. These substances are so powerful that they often consume an individual's entire world, leading to financial instability, criminal activity, and the breakdown of the family unit.
If you are divorcing a spouse with opioid addiction, you are not alone. Many individuals in Illinois find themselves in this difficult situation. The person you are divorcing may bear little resemblance to the person you married. If your spouse is like many suffering from substance abuse, addiction may have changed him or her dramatically. Consequently, protecting yourself and your finances is paramount during the divorce process.
Temporary Orders During Divorce Involving an Addict
How Does a Mediator Assist a Divorcing Couple?
Many people have heard of divorce mediation, but few understand exactly what it entails. If you are planning to end your marriage, you may be interested in ways you can reduce conflict and increase cooperation during the divorce process. Divorcing spouses who can reach an agreement about the allocation of parental responsibilities, division of marital property and debt, and other important matters are typically more satisfied with the outcome of their divorce than those who go to Court and let a Judge make decisions for them. Resolving divorce issues through mediation or lawyer-assisted negotiation is also much less expensive than a divorce trial. This blog will outline the general principles of divorce mediation and explain how a mediator may be able to help you and your spouse reach an out-of-Court agreement on any disputed issues during divorce.
What Happens During Mediation?
5 Steps for Individuals Undergoing a High Net Worth Divorce
Getting divorced is always a difficult process, but it can be even more complicated when there are high levels of wealth involved. If you are going through a high net worth divorce, there are some special considerations you need to take into account in order to protect your interests.
Hire an Experienced Attorney
When either spouse has a high net worth, you need to make sure you have an experienced attorney on your side who knows how to navigate these kinds of cases. The wrong lawyer could end up costing you substantial money, so you need to do your research and find someone who has experience handling cases like yours.
Protect Your Assets and Your Right to an Equitable Share of Marital Property
In a high net worth divorce, there is much at stake in terms of assets and property division. You need to make sure you have a solid plan in place for protecting your assets and ensuring that you get what you are entitled to. This may involve using discovery tools or forensic accounting to uncover hidden assets or offshore accounts. Appraisers and business valuation experts may be needed to assess business interests and other complex financial holdings.
Are Millennials Less Likely to Get Divorced than Previous Generations?
Millennials in America are old enough, big enough, and diverse enough to have become the most closely studied generation in the world. Larger than the Baby Boomers and more ethnically diverse than any other generation before them, Millennials make a fascinating case study. Closely tracked by almost every measure, we now have excellent statistics on the behaviors of Millennials in every major aspect of life - how they save, how they spend, what they wear, and, of course, how frequently they get married and divorced.
People who are reluctant to get married often cite the most famous divorce statistic of all: 50 percent of marriages end in divorce. Yet, when it comes to Millennials, this may not be true. Data from reputable research organizations suggests Millennials are forging a path of their own when it comes to marriage and divorce.
Less Likely to Divorce, Less Likely to Marry
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.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
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