847.873.6741
Recent Blog Posts
Can I Move If I Have a Child Custody Parenting Plan in Illinois?
When two parents get a divorce, a major focal point of their divorce proceedings is often the allocation of parental responsibilities and parenting time. These child custody agreements are designed with the best interest of the children in mind. When parents relocate to another city or move to a different state altogether, the relocation may impact your parenting plan.
Three Steps Involved in Relocation When You Share Child Custody
Each instance of relocation when child custody is involved will have its own set of complexities and specifications. The best way to ensure that you have a complete understanding of your situation is by hiring a family law attorney.
Upon looking at the details of your parenting plan and hearing about your desire to move, a divorce attorney can inform you of how to proceed prior to moving. The county you currently reside in, as well as the distance from your current place of residence to where you plan to move, will also be taken into consideration.
Do I Need to Hire a Lawyer for an Uncontested Divorce in Illinois?
A common question amongst people who are specifically filing for an uncontested divorce in Illinois is whether or not it is necessary to hire a divorce attorney. While not a requirement to retain legal representation when divorcing, people who are divorcing can benefit greatly from the guidance and experience of an experienced attorney.
But the reason this question is so commonly asked in the face of an uncontested divorce has everything to do with how easy people believe uncontested divorces can be. But why is that? And should you hire a lawyer if you are filing an uncontested divorce in Illinois? Here are the answers to these questions and more.
What is an Uncontested Divorce?
An uncontested divorce refers to a situation in which both parties have agreed on the terms of their divorce. Usually, couples must address the division of marital property and debts, spousal maintenance, the allocation of parental responsibilities and parenting time, and other diviorce issues before they can finalize the divorce.
5 Mistakes to Avoid in Your Illinois Parenting Plan
When Illinois parents file for divorce, they are asked to create a parenting plan. This plan outlines how the parents fulfill parenting obligations as a divorced couple. If the parents can agree on the plan's provisions, they can create the plan together and submit it to the Court for approval. If they cannot reach an agreement, they can each submit their own separate plan to the Court for approval. If you are a parent thinking about divorce, make sure to avoid these common mistakes when creating your parenting plan.
Mistake #1: Undervaluing the Usefulness of the Parenting Plan
The parenting plan is not just another piece of paperwork to fill out. The plan is an opportunity for divorcing parents to decide in advance how they will raise their children as divorced co-parents. The more you and your spouse figure out now, the less you have to discuss in the future. Furthermore, if a parent fails to comply with the plan's provisions, the other parent will have the ability to enforce the parenting plan through the Court. Do not underestimate the importance of this document and its usefulness in your co-parenting future.
Early Warning Signs a Spouse is Concealing Assets in a High Net Worth Divorce
High net worth divorces share the same legal process as non-high net worth divorces, but the legal steps require a much more polished approach. With so much at stake, your spouse may go to greater lengths in an attempt to conceal finances and dividable assets. In the weeks and months leading up to a high net worth divorce, someone with a well thought out plan on how to conceal those assets may display some early warning signs to keep an eye out for, such as:
Early Warning Signs:
Financial fraud in a divorce can take many forms; however, the following may be signs that a spouse plans to hide assets or manipulate the divorce's outcome by lying about money.
- Atypical financial transactions - Was there an increase in unusual activity with investments or finances being moved around? If so, it could mean your spouse is trying to hide something. A higher volume of transactions or more movement than usual should be a red flag because that will make it more difficult to determine where assets are located and the purpose of every withdrawal.
3 Reasons to Consider Illinois Collaborative Divorce if You Have Kids
When divorcing couples share children, they have a much greater number of decisions to make than couples without children. Furthermore, the consequences of these decisions can impact their families for years after the split. Deciding how to distribute parental responsibilities and parenting time can quickly become contentious – especially if the parents disagree about what is best for the children. Collaborative divorce is an alternative resolution method that may help divorcing parents make informed choices about child custody issues, property division, and other divorce concerns without needing to go to Court.
Collaborative Law is a Cooperative Process
Understandably, many divorcing spouses struggle to communicate effectively during the divorce process. Many harbor resentments and hurts from the past that inhibit their ability to discuss divorce issues in a productive manner. During a collaborative divorce, the spouses sign an agreement promising to negotiate in good faith and freely provide any necessary documentation or information. They agree to put resentments aside, cooperate, and find practical solutions to the unresolved divorce issues. Learning how to cooperate during the divorce can help parents learn the skills needed to cooperate in their post-divorce, co-parenting relationship.
What Does a Mediator Do During Divorce Mediation in Illinois?
If you are ending your marriage, you may be exploring the various divorce options available in Illinois. There are many routes to divorce, and the path you choose will depend on your unique circumstances and needs. Mediation is an alternative resolution method that may help you and your spouse end your marriage without Court intervention. Mediation can be a cost-effective means of resolving disagreements about child custody, the division of marital assets, spousal maintenance, and other divorce issues. However, many people are unfamiliar with the mediation process and how mediation can help them during a divorce. They ask, “What does a mediator actually do?”
Understanding the Role of a Mediator in an Illinois Divorce
Before we discuss what a mediator does, it is useful to explore what a mediator does not do. A mediator does not make a decision for the couple or provide legal representation. He or she does not choose sides. The mediator's job is to help the couple reach their own conclusions about divorce issues. To do so, the mediator may:
Does an Unemployed Parent Still Have to Pay Child Support?
Whether due to COVID-19 shutdowns or another reason, many people are finding themselves out of work. Unemployment can make it difficult for parents to cover child-related costs, including child support payments. However, a child's financial needs do not change simply because a parent loses his or her job. Consequently, unemployment can create a challenging situation for both parents.
If you are a payer or recipient of child support in Illinois, you may have questions about how unemployment affects your child support obligation. You may wonder if you or the other parent are still required to pay if you have zero income. The answer, like many answers in family law, depends on several factors.
Child Support Payments Are Based on Both Parents' Incomes
In 2021, Illinois child support payment amounts are calculated using a method that takes both parents' net incomes into account. The parent who spends the majority of the time caring for the child is the recipient of child support and the parent with less parenting time is the obligor or payer. When a parent has zero income, however, this does not mean that they are automatically absolved of child support obligations.
How to Meet the Challenges of a High Conflict Divorce
When a divorce involves a greater degree of disagreement than typical divorce cases, we often refer to this as a “high conflict divorce.” Spouses in a high conflict divorce face unique challenges both personally and legally. When spouses cannot cooperate, reaching an out-of-court agreement about divorce issues like property division or child custody can seem nearly impossible. Each situation is different and there is no perfect way to handle a contentious divorce. However, the following actions may help.
Do Not Try to Face This Alone
Many spouses underestimate just how complicated and frustrating a high-conflict divorce can be. They assume that they can handle the situation with little help from others. However, building a support team is one of the best things you can do to help you get through a contentious divorce. An experienced divorce lawyer can represent your best interests and provide legal guidance throughout the divorce process. However, in a high-conflict divorce, you may also want to work with additional professionals who can address the financial, personal, and psychological aspects of the split. A divorce coach or counselor can provide an outlet for you to vent frustrations and cope with difficult emotions. Accountants and other financial professionals can help you make sound financial decisions that benefit you both during and after the divorce.
Unique Spousal Maintenance Concerns in an Illinois Divorce
Alimony, called spousal maintenance in Illinois, can be a crucial form of financial assistance after divorce. If you are getting divorced, you may have questions and concerns about spousal maintenance. Unique financial situations, including variable income, can make the process of calculating a reasonable spousal maintenance award much more complicated. If you or your spouse are pursuing spousal maintenance in your divorce case, an experienced lawyer can provide personalized guidance.
Calculating Net Income to Determine Spousal Maintenance
Illinois law sets forth a statutory formula for calculating alimony. The amount of alimony paid is equal to 33 percent of the payer's net income minus 25 percent of the receiver's net income. A spouse's net income is calculated by taking his or her gross pay and subtracting state and federal taxes, social security, certain retirement contributions, certain business expenses, and any spousal support or child support obligations from a previous marriage.
How Are Pensions Addressed in an Illinois Divorce?
One of the most consequential factors in any divorce case is the division of marital assets and debts. Dividing the funds in a checking account or deciding which spouse will keep the furniture may be accomplished with relatively little complication. However, complex assets like pensions and other retirement accounts are much harder to deal with during a divorce. One reason pensions are especially hard to divide is that the final value of the pension is often unknown at the time of divorce. If you or your spouse have a pension, a skilled divorce lawyer can help you decide how to divide this important asset.
Determining Property Rights in an Illinois Divorce
Illinois law divides property into two categories in a divorce. Marital assets are those assets that were accumulated during the marriage by either spouse. Non-marital property is property that was obtained by a spouse before the marriage. Both spouses have a right to a fair share of the marital property.
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.
110 N. Brockway Street, Suite 220, Palatine, IL 60067
847.873.6741
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
