Posted on March 06, 2025 in Spousal Support

When a couple decides to end their marriage, they must address a variety of concerns as they proceed with their divorce. In some cases, spousal maintenance (also known as spousal support or alimony) is one of those concerns. 

A spousal maintenance order creates a legal obligation for one spouse to pay financial support to the other. These payments may be necessary to ensure that both spouses can maintain a reasonable standard of living. However, spousal maintenance is not automatic, and the Court considers multiple factors when determining whether support should be awarded. An Illinois divorce lawyer can help explain further. 

Temporary Alimony in Illinois  

Temporary maintenance, as the name suggests, is awarded for a limited period of time during divorce proceedings. This support helps the lower-earning spouse maintain financial stability until a final spousal maintenance order is issued. It allows both spouses to meet their financial needs while the divorce process is ongoing. Temporary support ends once the divorce is finalized, at which point the Court will decide whether to award long-term maintenance.  

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 Posted on February 28, 2025 in Divorce

Divorce is not just an emotional decision; it is a financial decision as well. Many people who want to end their marriage naturally worry about whether they can afford the process. They may be concerned about legal fees, how property will be divided, and whether they will be left struggling financially after the divorce. Some even consider handling their divorce without a lawyer to save money.

While divorce does come with costs, not having the right legal representation can cost far more in the long run. A skilled Illinois family law attorney can protect your financial future, ensure a fair settlement, and help you avoid costly mistakes.

What Are the Financial Costs of Divorce?

The cost of divorce varies depending on the complexity of the case. A simple, uncontested divorce is usually less expensive than a contested divorce where spouses disagree on major issues like property division, child custody, or spousal support.

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 Posted on February 24, 2025 in Child Custody

Unmarried parents in Illinois have the same rights and responsibilities as married parents, but the legal process for establishing custody and parenting time is different. Without a legal presumption of paternity, unmarried fathers may need to take additional steps to secure their parental rights.

Whether you have long shared a child with someone who is not your spouse, you just found out you are the father of a child, or you are a mother expecting a child with a man to whom you are not married, you likely have questions about the custody process and what the law says about unmarried parents. For guidance on these sensitive and important questions, contact The Law Office of Nicholas W. Richardson, P.C. today to meet with our experienced Illinois family lawyer.

Illinois Law and Child Custody in 2025

The Illinois Marriage and Dissolution of Marriage Act governs child custody matters, using the terms "allocation of parental responsibilities" (decision-making authority) and "parenting time" (visitation). The legal document that has the court-approved details of a child’s care, including when the child is with each parent, is called a "parenting plan." While the Court is always there to step in when necessary, parents are encouraged to create custody plans together without court assistance whenever possible.

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 Posted on February 13, 2025 in Divorce

Dividing debts is an important part of many divorce settlements, but what happens when one spouse stops making payments on a debt that was assigned to him or her? Many divorced people find themselves in a difficult situation when they realize that a creditor is still holding them responsible for a loan, credit card balance, or mortgage — especially when missed payments negatively impact their credit score.

If you are facing this issue, you may have legal options. While Courts cannot change debt agreements with lenders, they can enforce divorce settlements and take action against a spouse who fails to meet his or her obligations. An Illinois divorce lawyer can help you understand your rights and determine whether bringing a motion to enforce your divorce decree is your best option.

Why Am I Still Responsible for My Ex’s Debt After Divorce?

During a divorce, a Judge distributes responsibility for debts through a settlement agreement or Court order. However, divorce agreements only deal with obligations between spouses — they do not change the terms of existing contracts with creditors. If your name remains on a jointly owned debt, such as a car loan or credit card, the lender can still hold you responsible if payments are missed, even if the divorce decree states that your ex is supposed to pay it.

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 Posted on February 10, 2025 in Divorce

Most divorces in Illinois do not reach the Courtroom. Instead, they are settled through negotiation or mediation. When a divorce does go to trial, the Court relies on strong evidence to make decisions. An understanding of the kind of evidence that could be used in divorce litigation is important for anticipating what you will need to do to get ready if you think your divorce is heading to trial.

An experienced Illinois divorce attorney with The Law Office of Nicholas W. Richardson, P.C. can help you understand what evidence may be used in your specific case, negotiate for you outside of Court, and, if you do go to Court, ensure your rights are protected.

The Role of Discovery in Divorce Cases

Before a divorce case goes to trial, both spouses go through a stage called discovery. Discovery is the formal process of exchanging information and evidence. Discovery allows each side to gather important details about finances, property, and other key issues. The main types of discovery methods include:

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 Posted on January 29, 2025 in Divorce

For those ending a long-term marriage later in life, financial concerns often take center stage, primarily because people nearing retirement or already retired must carefully plan for their future. A well-structured divorce settlement is particularly important in these situations; such a settlement can help protect assets, secure future income, and prevent unexpected financial hardships. If you are considering divorce but have concerns about how it could impact your finances, an Illinois divorce lawyer can help you make informed decisions. Here are just a few things everyone considering divorce should think about.

Anticipate the Impact on Your Retirement Savings

Many types of retirement funds, including 401(k)s and pensions, require a Qualified Domestic Relations Order (QDRO) to split the funds without penalties. A QDRO is a court-approved document that allows one spouse to receive a portion of the other spouse’s retirement account. Without a QDRO, withdrawing funds could result in taxes and early withdrawal penalties.

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 Posted on January 16, 2025 in Divorce

Although divorce as a concept is fairly well understood, each state handles the details differently, including the words that are used to describe well-known concepts. Illinois, in particular, has laws that use different words and phrases than most of us are used to when it comes to divorce and child custody.

If you are considering a divorce and have children under the age of 18, the definitions of these terms will be important for you to know. Read through this list and then call our Illinois divorce attorney for more information.

What Does "Parental Responsibilities" Mean in Illinois? 

This is one of the most frequently asked questions from people getting divorced in Illinois. Formerly known as custody and visitation, the term "parental responsibilities" covers the entire spectrum of what parents are expected to do for their children. Parental responsibility is broken down into three further categories: 

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 Posted on January 09, 2025 in Child Custody

Even in the best circumstances, figuring out custody of your child in a divorce is still a difficult experience. This is even more true if you have a criminal history. Your spouse may not have cared about your criminal history when you first met, but may try to use it against you. Likewise, you may also wonder if an active criminal case will affect the child custody process.

Thankfully, Illinois law takes a careful approach to these cases, focusing on the best interests of the child rather than strictly penalizing a parent for their criminal record. An experienced Illinois family law attorney with The Law Office of Nicholas W. Richardson, P.C. can help you navigate this process and build a case for custody, even with a criminal history.

How Does a Criminal Record Impact Custody Decisions?

Illinois Courts make custody decisions based on the best interests of the child. While a criminal history is a factor the Court may consider, it is not the sole or necessarily even the most important factor. The Court will evaluate the nature of the offenses, how long ago they occurred, and whether they directly impact your ability to be a good parent. For example:

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 Posted on December 23, 2024 in Child Custody

as taken your child out of the state without your permission can be scary, to say the least. You may be worried about your child's safety and unsure of your legal rights or what steps to take next. If you are in this situation, you are not alone. An experienced Illinois family law attorney can help you act quickly, navigate this challenging situation, and protect your parental rights and your child's well-being.

Can a Parent Just Decide to Take a Child Out of State? 

Under Illinois law, parenting agreements play a major role in determining whether one parent can take a child out of state. If you and your ex have a court-approved parenting plan, it might already have specific rules about travel and relocation.

Generally, even a parent with sole or primary custody must get either the other parent's consent or court approval before relocating a child more than 25 miles from their home. A parent who takes a child out of Illinois without following the proper legal procedures may be in violation of the custody agreement or court order.

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 Posted on December 09, 2024 in Child Support

The child support pass-through payment rule signed by Governor Pritzker went into effect in July 2024. Until this rule was enacted, Illinois withheld a portion of child support payments to cover operational costs. Now, the entire child support payment will be given to the family, and the department's budget will be increased to cover this gap. Families will also receive a check issued by the Illinois Office of the Comptroller for amounts that were deducted for operational costs from January 2023 to July 2024.

This rule benefits low-income families with children who are current or former recipients of Temporary Assistance for Needy Families (TANF). Illinois is now the first state in the nation to ensure that families receive the entirety of child support money. Other states still appropriate a portion of child support to cover their own departmental costs. This change can help families who depend on child support and TANF for their basic needs. Children will now benefit from the full amount of child support that is paid, helping struggling families who need every single dollar to survive.  

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