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Do I Need an Illinois Divorce Attorney?
Every couple starts their marriage thinking they will be happy and married forever. However, statistics show that divorce is common in the US, with 673,989 divorces in 2024 alone. If you face divorce, you may have financial concerns, which may tempt you to forge ahead without hiring an Illinois divorce attorney. However, you should strongly consider retaining a seasoned Illinois divorce attorney with The Law Office of Nicholas W. Richardson, P.C. for several critical reasons.
Safeguard Your Legal Rights
Every divorce is different. Without a divorce lawyer, you may be unaware of complex family law details and how they apply to your divorce. A skilled attorney will ensure you know your legal rights regarding alimony, child custody and visitation, division of assets, and more. Your attorney will help you avoid common mistakes that could lead to an unfavorable divorce settlement outcome.
What Is Child Support Supposed to Cover?
Child support is intended to ensure that children’s basic needs are met following a divorce or separation. However, parents often disagree about what expenses child support should cover. While child support payments are typically calculated using a formula, there is some flexibility in their amount, especially for parents with children who have additional needs.
The first step to negotiating child support payments that meet your child’s needs is to talk to an Illinois child support attorney who can help you understand what child support is meant to cover and when you can ask for more.
Basic Necessities: The Core of Child Support
Child support is meant to help cover the essential costs of raising a child. These include:
What Is the Difference Between Temporary and Permanent 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.
Can I Afford to Get Divorced?
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.
How Does Custody Work if You Are Not Married?
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.
Does A Court Get Involved if My Ex Is Not Paying Off Divorce Debt?
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.
What Evidence Gets Used in Divorce Court?
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:
Financial Planning for Divorce Later in Life
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.
What is a QDRO and How Does it Work?
Getting divorced is almost always a major financial stressor, but this is especially true when the person getting divorced is over 50 and approaching retirement age. The financial implications of divorce at this age can be especially pressing because there may not be much time to contribute to savings, investments, and other sources of retirement income.
If you are considering divorce and either you or your spouse has investment accounts that are marital property, Qualified Domestic Relations Orders will probably be an important part of your divorce. Whatever challenges your finances present during divorce, our Illinois divorce attorney is here to help.
What is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a legal document that directs a retirement plan administrator to divide a retirement account between the account holder (the plan participant) and their former spouse (the alternate payee) as part of a divorce settlement. QDROs are required for certain types of retirement accounts governed by federal law, such as 401(k) plans, pension plans, and other employer-sponsored plans.
Five Terms to Know if You Are Getting Divorced with Children in Illinois
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:
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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847.873.6741
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