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Recent Blog Posts
Does Gender Matter When It Comes to Alimony?
Alimony, often called spousal support, is a financial payment one spouse makes to the other after a divorce. Illinoisans often wonder if gender impacts who must pay or receive alimony. Simple put, no – gender does not matter when it comes to alimony. To explore how alimony works and to further understand why gender is not a factor, contact a lawyer to ensure you understand the alimony process and other processes related to your divorce.
Gender Equality in Alimony
One common misconception about alimony is that only women receive it. This belief comes from past decades when men were usually the primary breadwinners in the family. However, times have changed, and so have the laws. In Illinois, alimony is gender-neutral. This means that either spouse, regardless of gender, can receive or pay alimony. The Court's goal is fairness and balance, not favoring one gender over the other. This is true even if one spouse identifies as nonbinary, transgender, or any other gender besides male or female.
Three Differences Between a Contested and Uncontested Divorce in Illinois
In Illinois, the process of divorce can take two primary forms: contested and uncontested divorce. Knowing the difference between these two types can help make this process a little easier by giving you a clearer picture of what to expect. Discuss with an attorney what each process entails to ensure you can choose the right method for you and your situation.
Difference #1: Agreement on Major Issues
One of the most significant differences between contested and uncontested divorces is whether both parties agree on major issues. In an uncontested divorce, both spouses agree on all major aspects, such as property division, child custody, and support arrangements. This agreement can make the divorce process smoother and faster.
How Forensic Accountants Can Help in Divorce Cases
When it comes time to divide assets in a divorce, some spouses may resort to tactics such as asset dissipation. Asset dissipation is when one spouse uses marital assets for his or her benefit in an attempt to reduce the assets for division. For example, a spouse may decide to withdraw large amounts of money from a shared marital account to fund a luxurious vacation and, in the process, decrease marital resources, so there is less money for his or her spouse to receive after the divorce. At other times, spouses will try to hide money or claim that marital money actually only belongs to them.
In divorces involving questions about how a spouse is handling marital money or whether money belongs to both spouses or only one spouse, forensic accounts can be helpful. While hiring a forensic accountant can be costly, these professionals' services may be worth considering. Talk with your lawyer and see if hiring a forensic accountant makes sense for your divorce.
Can My Divorce Lawyer Help Divide Retirement Accounts?
Dividing assets in a divorce is rarely straightforward, but splitting retirement accounts can be especially challenging. Retirement accounts can pose unique difficulties due to contributions made both before and during the marriage. From 401(k) plans to pension funds to IRAs, these assets require careful handling to ensure a fair division. Fortunately, a knowledgeable divorce lawyer can assist you through this process. Here is how a qualified lawyer can assist in dividing various types of retirement accounts, including stocks, bonds, and other investments.
Three Ways a Postnuptial Agreement Can Improve Your Marriage
The coming together of two people for a lifetime is not without its challenges. Couples' shared life experiences can sometimes present situations that create a lot of tension and are difficult to resolve. One effective tool to help manage these challenges and strengthen the relationship is a postnuptial agreement that an Illinois attorney can help you create.
In many ways, a postnuptial agreement is the financial equivalent of marriage vows. A clear determination of how certain things will be handled can help prevent potential disputes and sources of tension. As a result, the married couple can focus more on nurturing the relationship rather than fighting over money. Here are three ways a postnuptial agreement can improve your marriage.
Reduces Financial Stress and Arguments
One common source of family discontent and disagreements is about money. Such conflicts can destroy even the most robust and loving relationships. A postnup is created to ensure that spending, saving, and the family's financial goals are clear and well-established. A postnup can discuss how the parties' income will be allocated, how debts will be settled, and how assets will be divided in the event of a divorce.
The Income Shares Model in Illinois Child Support
As the dynamics of family structures evolve, so too must the legal frameworks that govern child support. In Illinois, child support laws reflect a more equitable and comprehensive approach known as the “income-shares” model. These laws not only impact how child support is calculated but also emphasize the shared financial responsibilities of both parents in ensuring the well-being of their children. If you live in Illinois, have dependent children, and are getting divorced, contact an attorney to ensure you understand the law.
Embracing Equity Through the Income-Shares Model
One of the most important concepts found in Illinois' child support laws is the principle of equity between parents. Traditionally, fathers were seen as a family's primary financial provider and were therefore almost always the parent who paid child support. The income-shares model instead requires figuring out each parent's monthly net income and then combining these to establish a total support obligation. This approach ensures both parents share the responsibility for supporting their children, regardless of the parent's gender.
The Ins and Outs of Parenting Plans in Illinois
Navigating the land of parenting can often feel like venturing into unknown territory, even when you have had children for years. When divorce adds into the mix, parental feelings of despair and worry regarding what the future may hold are common and can bring considerable distress to parents and children alike.
In Illinois, parents getting divorced must create a parenting plan, a critical piece of Illinois divorce law. But what exactly are parenting plans, and why are these plans so important? Any parent in Illinois dealing with divorce must understand the complexities of making a parenting plan - that way, once it becomes time to create a parenting plan, you and your child's other parent can make your plan the best it can be.
Three Examples of When Post-Decree Enforcement is Necessary
After a divorce in Illinois, the Court issues a decree that outlines the terms of the divorce settlement, including financial support, property division, and parenting time arrangements. However, sometimes, one party fails to uphold his or her part of the decree, thereby choosing to disobey the Court's orders. If your ex-spouse is engaging in this type of conduct, contact a lawyer right away to ensure you can protect your rights from being trampled upon.
After going through a divorce, many hope to put the often difficult process behind them for good. However, when one spouse fails to follow the decree, you can feel like old wounds are being opened again. At The Law Office of Nicholas W. Richardson, P.C., we are skilled in assisting clients in post-decree enforcement. Understand that this conduct by your ex-spouse is entirely unacceptable. Hire us to get the support and guidance you deserve.
What Must a Non-Married Father Do to Gain Custody or Visitation Rights?
Becoming a parent is a life-changing and joyous experience filled with love and, above all, responsibilities. For non-married fathers, the journey to gaining custody and visitation rights is a legal maze with important steps to follow. One of the critical factors in this process is establishing paternity that forms the foundation for asserting parental rights for non-married fathers. Suppose you are a non-married father looking to gain custody or visitation rights of your child; contact a lawyer to navigate this important process.
At The Law Office of Nicholas W. Richardson, P.C, our straightforward, no-nonsense approach to divorce and family law is what has made our firm enormously effective in representing both families and individuals who are often engulfed in some of the most important processes and decisions of their lives. When the stakes are high, The Law Office of Nicholas W. Richardson, P.C delivers for you.
Ways Collaborative Law Differs from Traditional Divorce Methods
Picture this: a divorce process where both parties sit at a table, not opposite each other in a courtroom, but side by side, working together toward a common goal. This is the essence of collaborative law, a refreshing approach to divorce that sets it apart from the traditional, more confrontational types of divorce proceedings. In this modern and cooperative divorce process, the focus is on communication, respect, and finding solutions that benefit both parties. If you are interested in collaborative divorce and are interested in learning more about it, contact an attorney to kickstart the process.
At The Law Office of Nicholas W. Richardson, P.C., our dedicated family law attorney is equipped with the knowledge and resources to ensure those going through a divorce have the choice of selecting a collaborative method of divorce to navigate the proceedings effectively.
Teamwork Over Adversarial Battles
Illinois collaborative law stands out for its emphasis on teamwork over nasty courtroom battles. Unlike traditional divorce methods that often put spouses against each other in courtroom showdown, collaborative law encourages couples to work together with a team of professionals, which will certainly include lawyers but may also include financial experts and therapists, to find common ground and reach mutually beneficial divorce agreements. This shift from confrontation to collaboration helps build a more positive and respectful environment for resolving disputes and moving forward.
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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