847.873.6741
Recent Blog Posts
Steps to Take Following a Palatine Divorce
Your divorce decree is signed; however, the signature does not mean your work is finished. The signed order may end the marriage, but your responsibility is to tie up the loose ends.
Change Your Name
While your divorce decree may have included a provision allowing you to use a former name, there are steps you must take in order to legally change your name. To begin, you will first need to officially change your name with the Social Security Administration. A new Social Security card under your new name will be issued. Only then can you obtain a new driver's license or state identification card and begin changing your name elsewhere.
Revise Beneficiary Designations
Illinois law provides for the automatic revocation of an ex-spouse as a beneficiary of your will or trust. The law does not, however, automatically revoke your ex-spouse as beneficiary of your life insurance, retirement, or other pay-on-death accounts. Hence, your ex could still inherit the proceeds of these assets. Even if your divorce decree included a waiver of your ex-spouse's rights to receive these benefits at your death, you should change them anyway.
Study Finds Social Media Increasingly to Blame for Divorce
Issues such as adultery, drug use or alcoholism may lead to a couple's divorce. However, a recent study has exposed one more cause — Facebook. According to the study, Facebook, which allows users to “friend” long-lost friends and ex-love interests, is the root cause of one out of every seven divorces.
Facebook and Divorce
One's casual “friend request” to a long-lost love could reignite an old flame. Another's connection with a stranger in a Facebook group might lead a spouse to abandon his or her marriage for a new “love.” Still, such scenarios do not mean that all married couples must give up Facebook or other social media sites entirely. Nor does it mean that you will leave your spouse just because your are in touch with an ex. However, if you are investing too much time on Facebook and not enough in your marriage, the following signs may suggest trouble.
Study Finds Social Media Increasingly to Blame for Divorce
Issues such as adultery, drug use or alcoholism may lead to a couple's divorce. However, a recent study has exposed one more cause — Facebook. According to the study, Facebook, which allows users to “friend” long-lost friends and ex-love interests, is the root cause of one out of every seven divorces.
Facebook and Divorce
One's casual “friend request” to a long-lost love could reignite an old flame. Another's connection with a stranger in a Facebook group might lead a spouse to abandon his or her marriage for a new “love.” Still, such scenarios do not mean that all married couples must give up Facebook or other social media sites entirely. Nor does it mean that you will leave your spouse just because your are in touch with an ex. However, if you are investing too much time on Facebook and not enough in your marriage, the following signs may suggest trouble.
The Dissipation of a Marital Estate in Illinois Divorce
Someone contemplating divorce is likely to hear this piece of advice from friends and family: “Before you file, make sure you start putting money away in a separate account for yourself. You do not want to be left with nothing.”
Although well-meaning, this is actually bad advice. Illinois prohibits intentional dissipation of a marital estate, and doing so could result in you receiving less when the marital estate is divided.
Use of Marital Funds during Palatine Divorce
Illinois is an equitable distribution state—marital assets are divided in a fair and equitable manner. While a 50-50 split is presumed to be the most equitable division, equitable does not always mean equal. A number of different factors go in to the Court's determination of what constitutes an equitable distribution, and any one factor can tip the property division into an unequal division of a marital estate
Determining Jurisdiction in Illinois Child Custody Cases
Questions regarding jurisdiction in Palatine child custody cases are common. Based on the specific circumstances of each case, the answers to these questions can differ from person to person. However, several general questions have similar answers.
What is jurisdiction?
Jurisdiction gives a Court the authority to decide a case. In Illinois, a Court has jurisdiction to decide a child custody case if Illinois is the child's home state. Therefore, a child must live in Illinois for a six-month period immediately preceding the filing of a petition.
My spouse moved out of state. Can Illinois still decide my child custody case?
Yes. Jurisdiction is based solely on a child's home state, not where the parents live.
Legal Battle over Frozen Embryos
A well-known actress is currently at odds with her ex-fiancé regarding frozen embryos the couple created before parting ways. The ex-fiancé wants to implant the embryos in a surrogate. However, the actress, who is currently engaged, wants them frozen indefinitely.
If a petition is granted, what rights and responsibilities would the actress have regarding child custody and child support?
Illinois Law Regarding Embryos
The use of fertility treatments to aid couples who cannot conceive spontaneously is increasingly common. One popular method is in-vitro fertilization, a method where egg and sperm are joined in a lab and are then implanted into the woman. During in-vitro, many pre-embryos are created at one time; those that are not implanted are either destroyed, donated or frozen indefinitely.
Breaking a Stalemate in Palatine Child Custody Cases
A Florida mother recently filed suit in Federal Court to prevent her ex-husband from having their four-year-old son circumcised. However, a lower Court has ordered the woman to turn the boy over for surgery — she had previously agreed to allow the circumcision in a child custody agreement.
Illinois Joint Legal Custody
The default under Illinois law is to grant a child's parents joint legal custody — an arrangement that can be granted even if one parent has primary physical custody. Joint legal custody means both parents have a right to make decisions regarding all aspects of a child's life, including religious upbringing, education and medical care. Parents who share legal custody are therefore required to talk and come to an agreement on all issues, just as they would if they were still married.
Platonic Parenting: The Non-Divorce Divorce
Couples may commonly stay together for the “sake of the kids” rather than get a divorce. In fact, some couples are now choosing to emotionally and financially server a relationship but continue to live together. This type or parenting — platonic parenting — tries to combine what is best for a couple and their children.
Married While Separated
A couple, recognizing that their marital relationship is unsustainable, decide to end their relationship. However, in the interests of the children to be raised by both parents in the same household, the parents continue to live together in the family home. The marital relationship continues in a legal sense, but from an emotional (and often financial) standpoint, the relationship ends. There is no divorce proceeding, no arguing over child custody, and no dealing with child support payments. As far as the children are concerned, life continues as normal.
Moving out of Illinois Following Divorce
Order for Removal of Child in Illinois
After your divorce is final, you may find yourself wanting to move out of state. Perhaps you want to be closer to your family, or you have found a new job that will advance your career. Or, you may have remarried and your new spouse needs to relocate for work. The only problem is, you and your ex-spouse have a child custody agreement.
Can you move out of Illinois and take the children with you?
You have two options if you want to move out of state with your child: get the other parent's permission, or obtain an order for removal from the court.
Parental permission for child to move out of state
If your child's other parent agrees to the child moving out of state with you, then you have no issue. Some parents include a move in a parenting plan, if they knew at the time of the divorce proceedings that a move was imminent. If your ex-spouse agrees, you do not need to obtain an order from the Court. However, because a move will likely alter visitation as set forth in your parenting agreement, you and your spouse should sit down and revise the plan to reflect the new living arrangements.
The Division of Marital Assets: Case Studies in Commingling Assets
Getting divorced means negotiating an equitable division of marital assets. Marital assets are any assets a couple acquired together during a marriage; everything else — assets either spouse came in to the marriage with, or assets received during the marriage by gift or inheritance — is separate. However, separate property can become a marital asset and is thus subject to division if the property is commingled with marital assets.
The following scenarios explore the concept of commingling and identify the types of situations in which separate property can become marital property.
Scenario 1: Pete and Rose have been married for 10 years. When married, the couple moved into Pete's home, which he had purchased eight years prior to the marriage. Pete never put Rose's name on the home's title, however, nor was her name ever placed on the mortgage. The couple did open a joint checking account that they both contributed to, and the mortgage was paid from the joint account. If they divorce, will the home be considered separate or 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.
