Recent Blog Posts
Signs Divorce Mediation Might be For You
Divorce mediation is not for every couple. Some spouses refuse to cooperate with the process, failing even to keep scheduled appointments. Other spouses are unable to agree on anything because they cannot work together without fighting. However, alternative dispute resolution does work quite well for most people who are getting divorced. Even rather contentious divorces can often be settled out of court through mediation. There are a lot of advantages to uncontested divorce. Resolving the issues in your divorce through mediation is usually faster and less costly than asking a Judge to make these decisions. If you are considering giving divorce mediation a try, consider consulting with an experienced attorney first. You should be represented by a lawyer even if you and your spouse are amicable and intend to file an uncontested divorce.
Helping Children Cope with Divorce
Parents who are getting divorced are often worried about how their children will cope with the changes. Most adults can acknowledge that divorce can be hard on children. Children involved in divorce may struggle to adapt to not having both parents around all the time. They will likely need to get used to staying in a different household, at least some of the time. They may need to adjust to one or both parents having a new partner. This can also be challenging for children to witness conflict between their parents. Even if your legal divorce is relatively amicable, children may struggle with the idea that their parents do not want to be married anymore. Divorcing parents need to actively take steps to help their children transition to a new way of living successfully. An Illinois divorce attorney can also take steps to help guard your children from any legal conflict.
Tips for Handling Custody Disputes in a Divorce
Navigating the sometimes rough waters of a child custody dispute in process can be challenging, both legally and emotionally. Very few parents would willingly give up any of the time they share with their children, and this often means that any disputes relating to parenting time or the parenting plan can become quite contentious during a divorce.
The time period while parents are divorcing can be quite stressful for children of any age. Parents need to take the right steps to protect the well-being of their children, as well as their own parental rights during this time. An attorney can advise you on how best to serve both goals at the same time.
Proven Tips for Navigating Custody Disputes
A few commonly-offered tips for parents undergoing a custody battle include:
What Is Considered a High-Asset Divorce?
A high-asset divorce involves a couple who owns property with significant value that must be separated in a divorce. There is not a set net worth a couple must have to qualify for a high asset divorce, but it generally involves couples with a net worth of a million dollars or more. Since all divorce calls for a division of assets, there are several things you need to consider to protect your financial interests when the stakes are this high. Luckily, the work of a skilled divorce lawyer can help.
What Has to Be Divided in a High-Asset Divorce?
Regardless of the type of asset a couple or individual owns, as long as it is a marital asset and not an individually owned asset, its value must be divided in a divorce. These assets include:
- Real estate
- Liquid assets like cash savings
How Do Courts Make Decisions About Child Custody in Illinois?
In many divorce and family law cases, child custody is one of the most important issues to address. In Illinois, the courts seek to protect the best interests of the child when making decisions about parental responsibilities and parenting time. The court will look at a variety of factors to determine the best ways to provide for children's needs going forward. Parents who are seeking to protect their parental rights and resolve child custody disputes can work with an attorney to make sure these issues will be addressed correctly.
Types of Child Custody
Child custody issues generally fall into two categories:
- Legal custody: This is known as the allocation of parental responsibilities in Illinois, and it refers to a parent's right and responsibility to make decisions regarding their child's upbringing. Decision-making responsibilities may address issues such as education, healthcare, religion, and extracurricular activities, and they may be shared between parents or granted primarily to one parent.
Can Mediation Help in Child Custody Disputes?
Child custody is now called parental responsibilities in the state of Illinois. Although the name has shifted, the complex and emotional nature remains and parents always want the best for their children.
You may find yourself at odds with your ex-spouse based on different parenting styles, opinions, and lifestyles. Luckily, there are amicable ways you can resolve parental responsibilities disputes. With the help of a skilled child custody attorney, you can use mediation to settle your child's arrangement questions.
How Does Mediation Work in Divorce?
During mediation, a neutral third party works with both parents to find a mutual solution to any divorce issues, including child support, spousal support, and asset division. In this case, your mediator will help facilitate an agreement on parental responsibilities.
Should I Consider Legal Separation Before Getting a Divorce?
When a marriage is no longer working, one or both spouses may feel that divorce is the only solution. However, before making such a drastic decision, couples may benefit from exploring other options that could possibly save the marriage or provide clarity on whether divorce is truly the best course of action. In some cases, legal separation may be a solution that is preferable to divorce.
What Exactly Is Legal Separation?
In Illinois, legal separation allows couples to live apart while still being legally married, giving a couple the chance to take a step back from their marriage and decide whether they want to continue with the relationship.
During legal separation, couples will address many of the same issues that they would during a divorce. They may divide their assets and debts, address child custody issues, determine whether spousal support (also known as alimony) will be appropriate, and make decisions about any other concerns related to their family and their finances.
6 Tips for Successful Co-Parenting After a Divorce or Separation
The end of a long-term relationship can be challenging for everyone involved, and a divorce or separation can be especially hard on children. Co-parenting is a way to ensure that children continue to receive the love and support they need from both parents, even after the parents' marriage or relationship has ended. While co-parenting may not always be easy, the effort helps protect the children's well-being. As you work to resolve child custody issues in your divorce and establish workable co-parenting arrangements, following these tips can help make the process easier for everyone involved:
1. Put Your Children First
The primary focus of co-parenting should always be what is in the best interest of your children. You will want to do your best to set aside any personal differences with your ex-spouse and make decisions based on what will benefit your children's emotional and physical development. By prioritizing your children's needs over your own desires, you can create a healthier environment for them as they grow up.
What Will a Parenting Plan Include in an Illinois Family Law Case?
In any divorce or separation involving children, Illinois courts require the parents to create a parenting plan that outlines how they will share parenting time, decision-making authority, and other child-related responsibilities. A parenting plan is a legal document that helps ensure both parents are involved in their children's lives and provides a framework for co-parenting after the dissolution of a couple's marriage or the end of their relationship. By understanding what will be included in a parenting plan, parents can make sure they will be able to resolve child-related issues during a divorce or family law case, and they can be prepared to work together to raise their children in the years to come.
The Basics of a Parenting Plan
A parenting plan will cover a wide variety of relevant issues related to raising children, ensuring that parents can make decisions about important aspects of their children's lives and provide for their children's ongoing needs. While each case may have its unique considerations based on a family's circumstances, here are some common elements that will be addressed in an Illinois parenting plan:
How Are Hidden Assets Addressed in an Illinois Divorce?
Going through a divorce can be emotionally and financially challenging. However, the divorce process can become even more complicated when one spouse suspects that the other is hiding assets. In Illinois, the law requires both parties to fully disclose their assets during divorce proceedings. Unfortunately, some individuals may try to conceal or undervalue certain assets in order to gain an unfair advantage when dividing marital property during the divorce process.
If you believe your spouse has hidden assets, consulting with an experienced family law attorney who can help uncover these issues and ensure a fair division of property is crucial. At The Law Office of Nicholas W. Richardson, P.C., our skilled divorce lawyer understands the complexities involved in identifying and addressing hidden assets in an Illinois divorce.
Identifying Hidden Assets
The process of identifying hidden assets will often involve a thorough investigation and analysis of financial records by professionals such as forensic accountants or private investigators. These experts can uncover discrepancies and trace money trails that might lead to undisclosed assets.
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.