847.873.6741
Recent Blog Posts
Options When You Cannot Agree on Property Division
No one wants to give up an item he or she worked hard to acquire, but divorce requires both spouses to relinquish a portion of the assets accumulated during marriage. Still, agreeing on an acceptable division of property is a huge challenge for many divorcing couples.
Illinois law requires property division to be equitable or fair. This often means spouses receive roughly equal amounts; however, the final outcome will depend upon the Court's evaluation of factors that examine the circumstances of the marriage and the financial position of each party. While a Judge can settle the issue if requested, couples may be better off finding a private compromise in cases of extreme disagreement.
Personal items and collectibles can be particularly hard to divide due to the sentimentality people often attach to them. One example of a creative solution to this dilemma is the auction Russell Crowe plans to have as part of the divorce settlement he will pay to his soon-to-be ex-wife.
Negotiating a Fair Divorce Settlement
When parents decide to divorce, the process consists of more than simply deciding who will move out and how time with their children will be shared. The heart of any divorce decree is the settlement that outlines how a couple will address support, property division and child custody. Settling these issues is pivotal to concluding this process. However, due to the sensitive nature, these issues are some of the most difficult matters a person will ever consider.
Courts can be tasked with creating a settlement; however, they will be restricted by the confines of the law and the Judge's limited knowledge about the parties' needs and expectations. A better alternative is to negotiate a private settlement agreement that serves to keep the details of the divorce confidential and grants spouses more control over the outcome. Couples tend to underestimate how much work these endeavors require, as well as the approach most likely to lead to a fair and workable agreement.
Prepping for the Start of Divorce
The road to divorce is rarely straight and clear and often involves a number of deviations and recalibrations as couples try to work through difficulties. When divorce is imminent, spouses may think that the hard part of the process is over. Yet while ending a marriage is extremely painful and complicated, deciding to move on is the just first step.
A spouse can certainly walk into a divorce attorney's office without doing anything more than deciding to divorce, even before telling the other spouse. However, entering the divorce process without significant advance planning is likely to set a person up for a much harder transition, as well as a longer period of time to conclude the divorce case.
Taking the time to put key pieces of information together will allow consultations with a divorce attorney to be more productive and will make obtaining the result a person may want much easier. This approach may appear to involve more work than anticipated, but walking into the process without a clear picture of one's starting position can greatly complicate things.
What is the Purpose of Discovery in Divorce?
When couples think about divorce, they usually focus on the emotional and financial repercussions of the decision and leave the procedural and legal requirements to a divorce attorney. Spouses generally have an idea about the need to produce and submit certain documents to the Court so the case can proceed. However, they may not realize that the other side is also entitled to request, and if necessary forcibly demand, the production of information as a routine part of divorce. This process is referred to as discovery, and typically takes the most time, resources and expenses to complete. In fact, this step is a necessary prelude to negotiation; therefore, any meaningful advancement of a divorce petition hinges on successfully completing this part of the process.
In an unusual move, a California U.S. Representative is seeking to depose a representative in Ohio in connection with his divorce case, which includes allegations of adulterous behavior. Given how integral discovery is to the progression and completion of a divorce case, understanding how this process works and the underlying purpose is an important part of moving through this transition as seamlessly as possible.
What Happens to the Engagement Ring?
When a couple decides to marry, no object is more symbolic of this commitment than an engagement ring. The level of commitment this piece of jewelry represents is reflected in the thousands of dollars typically spent. Consequently, if the marriage does not occur, or the relationship ends in divorce, the purchaser of the engagement may want the item back, particularly if the piece of jewelry is a family heirloom. However, the receiver may conceivably view the ring as a gift that was freely given, and thus, not necessary to return.
These differing points of view can add more tension to an already combustible situation, and while filing a lawsuit to demand the return of the ring may seem tempting, resolving the situation privately is best for reducing additional emotional pain and unnecessary expense. However, in the context of divorce, fighting over a ring is often connected with the bigger question of which assets are considered marital property. An engagement ring, though, maintains a unique status under the law, and thus the right to possession is treated somewhat differently than other kinds of gifts.
Negotiating a Divorce Settlement
Initiating the divorce process, once the decision to end a marriage has been made, can quickly overwhelm many people. Divorce is unavoidably emotional, and adding in the often-mysterious legal process to achieve an uncomfortable end can be daunting. The traditional image of a bitter and protracted trial to resolve disputed issues does not help alleviate this natural trepidation. Negotiating a private settlement is more naturally associated with divorces that have no or few issues to resolve. However, this much less contentious method of working through disagreements is also available for couples with complex matters to sort out, and may offer a better alternative in the long-run, compared with the restraints of letting a judge decide the outcome.
Former power couple Anthony Weiner and Huma Abedin, who are likely to have a number of high-conflict issues, recently decided to take their divorce into private negotiations to avoid the spotlight of a public trial that serves as an example of the benefits of this process in hotly contested divorces. Consider the following information on how the negotiation process works, and important advantages this alternative has over litigation.
Sorting Out the Marital Home in Divorce
A large and overarching issue in many divorce cases is the division of assets and more specifically, what to do with the marital home. This asset has a lot of sentimental value. Often, the marital home represents a substantial portion of a couple's net worth. Couples should attempt to settle this issue without the Court's involvement.
The importance of resolving this issue in the best possible way is quite high, as the outcome is typically tied to the future financial security of both spouses. However, if mutual agreement is not forthcoming, looking to a Court to decide the matter is usually the next step.
Equitable Distribution
Property in Illinois is divided according equitable distribution — a system that looks at which allocation is most fair, instead of merely defaulting to a 50/50 split. Only marital property is subject to division in divorce. This includes most items acquired during the marriage. Additionally, separate property that benefits from marital contribution or assets may also be converted to marital property if significant efforts from the marital estate cause the estate to lose its identity as separate property.
The Impact of Divorce on Retirement Benefits
One event that has reverberating and long-term effects on an individual's ability to implement and maintain a viable plan for retirement is divorce. Divorce is one of the single most financially damaging events a person may experience. In order to mitigate the negative consequences, one needs to understand how retirement benefits fit within the division of property generally and the specific rules that govern how Courts may treat these benefits. Dividing retirement benefits is frequently much more complicated than other assets because of the numerous laws and regulations that control when and how they may be transferred and accessed.
Property Division Generally
Illinois, like many other states, follows a standard for dividing property in divorce called equitable division. This standard requires all marital property to be distributed according to what is most fair under the circumstances. Hence, not all divorces will result in an equal split of assets and liabilities.
The Important Decision of Where to File for Divorce
Many considerations go into the decision to get divorced; family, finances and personal happiness are important drivers. Making this momentous decision often feels like the hardest part of the process; however, deciding to divorce is just the first of many decisions couples must make as they transition to single adulthood.
One of the earliest and most important decisions in the divorce process is where to file the case. For many couples, this issue is not terribly complicated if both parties live in close proximity. Yet knowing where to file is not so straightforward for those who live in different states or in different parts of the same state.
One example of how contested this issue can become is seen in the highly contested divorce case of former House Representative Jesse Jackson, Jr., who is in the middle of a months-long battle with his wife, former Chicago Alderman Sandi Jackson, over whether the divorce should be granted in Illinois or Washington, D.C.
Digital Snooping in Divorce
People keep much of their personal and sensitive information online and often share accounts and passwords with partners and spouses. Sharing access tends to be more efficient for keeping up-to-date on personal and financial matters, but can become a point of concern if divorce or separation enter the picture. Because so much of one's life exists exclusively in the digital realm, spouses getting divorced could use this knowledge to search for damaging information against the legal position of the other side.
Misconduct, evidence of infidelity or financial waste/theft are the primary concerns of spouses in the divorce process. Hiding such activity is distinctly more difficult in the transparent world of today. However, while the temptation to delve into the digital accounts of a spouse may exist, the ramifications of this choice, both legal and relational, should be taken into account so decisions are not later regretted.
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.
