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Recent Blog Posts
Distributing the Costs of Divorce
Financially, divorce can be expensive. Hence, the cost can deter some spouses from pursuing the dissolution of marriage. Various costs associated with divorce are unavoidable, but generally, choosing a process other than litigation to accomplish the dissolution of the marriage can greatly reduce the overall financial outlay. Such financial considerations may be of high importance if there is significant concern over maintaining financial stability after divorce.
Mediation and collaborative divorce give spouses more control over what expenses are incurred, and more easily allow couples to share costs. These options also give the parties more control over the outcome. Further, if a divorce is uncontested, i.e., all relevant issues are settled, the costs are relatively minimal. However, the more traditional route to divorce through litigation is sometimes necessary if the parties want very different outcomes, or if concerns over misconduct/misrepresentation are present.
The Importance of Establishing Paternity for Young Parents
Paternity is a process unmarried men must go through to gain legal recognition as a child's parent in order to receive and assume all of the associated rights and obligations. Parenthood can be a daunting responsibility, and sometimes young men and women facing an unexpected pregnancy lack motivation or support for undertaking this central role.
Young men, in particular, may have a hard time adjusting to the news of an unexpected pregnancy, since they can more easily remove themselves from the situation. However, many young parents do want the chance to actively and responsibly raise their children. Young, single parents are at a particular disadvantage. However, a program offered by a Chicago-based organization, One United Hope, gives young parents parenting education and continuing support through in-home visits until a child is three years of age.
Young, unmarried fathers may not realize they do not automatically receive parental rights, despite the financial and physical efforts they provide to care for the child. Establishing paternity gives important rights to the father and provides critical financial benefits to the child meant to create a level of financial security until age 18.
Proposed Federal Tax Reform Could Directly Impact Divorce
The implications of divorce do not end when a marriage is formally dissolved. Parents must still interact with each other as they work to share custody in a manageable fashion. Moreover, the financial adjustments required as cash flow shifts to account for new expenses and reduced income are very necessary and long lasting.
A divorced individual's tax liability is often directly impacted by divorce but frequently receives much less attention and consideration in the settlement process than this issue deserves. How property distribution and the method of disposition is structured, as well as support paid and received by each party, can produce serious tax consequences in the short- and long- term.
Spousal maintenance, or alimony, is an area that is particularly affected by the tax rules, and changes to the federal tax reform law are primed to directly influence how divorcing couples handle this already contentious issue.
Why You Might Need an Emergency Temporary Child Custody Order
Taking care of a child's needs during the divorce process is challenging and not always easy to ascertain. If the parents are experiencing a high amount of conflict, this can compound and complicate how a parent should approach protecting his or her child from negative consequences. Depending on the source of the conflict, requesting a Court implement a temporary order allocating parental responsibilities (how Courts now refer to child custody matters) may be necessary to protect the child's wellbeing. In addition, emergency motions governing parental access and/or authority over the child may also be filed if there is an immediate threat to the child's health or safety.
While not uncommon, requests for temporary custody arrangements are not a standard practice in divorce cases, and Courts will expect to see some basis for such a request, and ideally, some agreement on the terms. Actress Jennifer Hudson is currently battling over custody of her son, and recently agreed to give her ex-fiancé temporary custody due to her work-related travel schedule that left the father as the primary caretaker, in spite of a previous protective order for physical and emotional abuse.
Illinois Dads Seek Equal Right to Parenting Responsibilities
Having an active and important role in a child's life is the principal goal and priority of parents. However, maintaining this level of involvement can become tricky after divorce when child custody, or, as custody is now called, parental responsibility, determines when and how much time each parent has with the child. Children generally have less negative long-term effects from a divorce if both parents remain a continuing and supportive aspect of their lives.
A group of fathers in Illinois think the current laws on child custody often leave them with a much smaller opportunity to see and engage with their child on a regular basis when a Judge decides this issue. In hopes of changing this perceived paradigm, the Illinois Fathers for Equality is currently pushing for the passage of a law that would favor splitting responsibilities between parents 50/50.
What Litigation Means for Your Divorce Case
Divorce is a process full of issues that can push a couple into heated disputes. The matters that must be settled are central to a person's well being and the life of his or her child. Thus, resolving these issues through mediation or the collaborative process is not always an option.
If less contentious alternatives to litigation have any chance at working, each party must approach the process willing to engage in some amount of compromise, and hold reasonable expectations for the settlement he or she is willing to accept. Unfortunately, some spouses enter divorce with a hard stance that the other side is unable to persuade to compromise.
Additionally, other cases involve disputes where each party holds views that cannot be jointly reconciled. In these situations, litigation may be the only viable option for resolving a disagreement, and understanding the various stages of a typical litigated divorce should help spouses recognize the complexity involved and could even spur some to reconsider attempting a negotiated settlement.
Dividing Season Tickets and Other Entertainment-Related Assets in Divorce
The variety of items married couples accumulate is often large and expansive, with each spouse typically holding a stronger attachment for certain things over others. Some items are purchased, while other items may come through a gift or sheer chance. Deciding how to divide these items in divorce creates the potential for considerable conflict. Certain assets may be easily identifiable as belonging to the marital estate; however, others, which may be highly valued, are easy to miss. One example of these less-obvious marital assets are season tickets for sporting events, concerts, theater and other entertainment-related occasions.
Typically, one spouse frequently holds particularly strong feelings about keeping certain tickets to the exclusion of the other party. Even if a spouse is not interested in keeping a season ticket package personally, he or she may still be entitled to portion of the value if the item qualifies as a marital asset. Various factors can affect how these types of assets are divided, including issues related to valuation.
The Ability of Non-Parents to Obtain Custody or Visitation
Protecting a child from the harshness that life sometimes brings is a primary goal for parents, which requires exercising control over the things and people a child experiences. Parents are granted a lot of leeway in determining who has access to their child as individuals who legally and naturally hold child custody rights. This deference is based upon the presumption that parents are best suited to decide whether exposure to specific individuals is detrimental to their child. In practice, this means relatives and other significant adults may be blocked from communicating and/or seeing a child. Moreover, in most circumstances, Courts will not question this decision absent certain specific facts.
A parent's decision to block or limit the access of another person often has much to do with the relationship the two persons share, as well as the parenting style used to raise the child. The question of whether a non-parent has the right to ask for visitation or custody rights depends on whether he or she has standing — a legal concept related to a party's ability to ask a Court to settle a dispute.
The Challenges of Parenting after Divorce
Parenting a child under the best of circumstances, when parents are together and united, continually presents challenges that can divide couples if they disagree on the proper response. However, these challenges become markedly more complex following divorce and the division of parenting responsibilities.
Many relationship and situational issues can lead to disputes about childrearing, but one of the most disruptive and pervasive issues that can bring effective parenting to a halt is violence. A recent study published by a professor at the University of Illinois examined how different types of violence affected co-parenting in the first year after divorce.
The findings suggested spouses who experience control-based violence, which tends to be more constant and encompassing, were more likely to have significant co-parenting problems compared with spouses who saw violence based on situations, such as an affair or money problems, who seemed to have more support and cooperation from the other parent.
Default Judgments in Divorce
Disagreements and a lack of cooperation are two of the primary catalysts for divorce, as both spouses experience a loss of connection with one another. While either spouse can initiate the legal process to end the marriage, some amount of cooperation is expected and almost required from both to conclude a divorce case in a timely and efficient manner. However, a Judge cannot force a party to respond or participate in a divorce proceeding if he or she refuses to do so.
A lack of participation by a spouse does not doom a case but puts a Court in a somewhat uncomfortable position. Courts do not like to conclude cases without hearing something from each side; however, if notice of a petition is sent and ignored, a Court will enter a default judgment in favor of the petitioning spouse. A default judgment has serious and permanent consequences for both spouses and is far from an ideal or even fair result.
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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