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 30, 2024 in Divorce

Very few people getting divorced have ever done so before and naturally have important questions about what the divorce process looks like. Divorce follows more or less the same steps for everyone, although the exact timeline and specific steps can vary from case to case.

If you are thinking about getting divorced and wondering exactly what the process involves, this blog is for you. At The Law Office of Nicholas W. Richardson, P.C., our Illinois divorce attorney is ready to answer any other questions you may have and make divorce as clear and straightforward as possible.

Filing for Divorce

Although divorcing couples have often had a strained relationship before filing for divorce – sometimes even for many years – the divorce process in Illinois does not formally start until one spouse files for divorce. f

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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 16, 2024 in Premarital Agreement

Prenuptial agreements (sometimes called "prenups" for short) are legally binding contracts that two people who plan to get married write and sign before the wedding happens. Like any other contract, as long as the prenup is written and signed according to the law, judges will usually see the prenup as valid if a couple gets divorced. Whatever the prenup discusses, as long as it is legal, the terms could be enforced in a divorce decree. 

Although prenuptial agreements have become more popular in recent years, they are not always a good option for everyone, and unfortunately, they are sometimes used as a tool of power by one person or his or her parents. If you are dealing with issues involving a prenuptial agreement, contact an Illinois family law attorney before you sign anything. 

What Happens if I Do Not Sign the Prenup? 

Relationships are complicated and people often change their minds or decide that something they previously agreed to is no longer something they are willing to do. Unless you are sure that signing a prenup is in your best interest, you can decide at any time before the wedding not to sign it. If you have already signed a prenuptial agreement but have not yet gotten married, the prenup does not do anything until you are legally married to your spouse. 

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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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 Posted on November 26, 2024 in Division of Property

Divorce often brings financial challenges and credit card debt can add another layer to the complicated issues a couple needs to resolve. Many couples frequently find themselves asking how this type of debt will be divided during their divorce. Illinois law provides clear guidelines, but the process can still be complicated. An experienced Illinois family law attorney can help you decide how to manage marital debt in divorce and work toward a fair resolution.

Understanding Marital vs Non-Marital Debt in Illinois

One of the first questions most people have when confronting the issue of dividing credit card debt is whether they will have to pay for it. Whether both spouses are responsible for credit card debt that only one spouse spent depends on whether that debt is considered marital or non-marital. 

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 Posted on November 22, 2024 in Division of Property

Perhaps you and your spouse have not been getting along for years. You may have contemplated divorce, and even discussed it, but neither of you took the initiative. Now, your spouse appears to be spending large amounts of money somewhere, and you are worried.

Financial trouble is a very common reason for divorce, and a spouse who has simply always had a bad spending habit may leave both spouses in serious debt without any solution for the spouse who was more responsible with money. However, in certain situations, one spouse's spending may qualify as something called "asset dissipation." The word dissipation essentially means "waste," and in the context of divorce, the Supreme Court has defined dissipation as using marital property (usually money) for the sole benefit of one spouse, for things unrelated to the marriage, while the marriage is permanently breaking down.

If a spouse has been dissipating assets, it may be possible to recover the wasted money during the divorce process – but only if the behavior is of a certain kind, and only if action is taken within a certain time frame.

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 Posted on November 14, 2024 in Divorce

People in the United States typically have very romantic feelings for their partner when they decide to get married. While this can be thrilling in the beginning of a relationship, over time most couples find those initial feelings change. Once someone no longer feels "in love" with their partner, there may be serious questions about what comes next, including whether divorce is an inevitable outcome.

If you are questioning your marriage and unsure of what you want to do, speaking with an Illinois divorce attorney to get a sense of what your options are – and what the outcome of those options may be – is always a good idea.

Is Falling Out of Love the End of a Marriage? 

Many couples are surprised and saddened when they realize that the strong feelings of attraction and love they felt at the beginning of their relationship have faded. However, according to marriage experts, this is actually quite normal.

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 Posted on November 07, 2024 in Divorce

Choosing to separate from your spouse is a difficult and personal decision. Once you decide to get divorced, taking time to consider how best to approach the separation and divorce proceedings can make a big difference. One important aspect often overlooked is the need to protect your privacy — not only from your spouse but also from outside parties who may have an interest in your situation.

Safeguarding your privacy can prevent misuse of personal data in court, protect financial accounts, reduce the risk of fraud, and keep your communications confidential. Privacy is especially important in high-net-worth divorces and even more so when children are involved. Working with a top-notch Illinois divorce attorney who understands the importance of privacy can help ensure you and your children are protected throughout this challenging time.

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 Posted on October 31, 2024 in Legal Separation

In Illinois, when married couples decide they want to live apart, they have two main choices: legal separation and divorce. These options might sound like the same thing, but they are not. Knowing the differences can help you decide what is best for you and your family.

To pursue a legal separation or divorce, you will want to talk to an Illinois family lawyer to understand all the particulars, since each choice has its own rules and effects. Here is a simple guide to show the ways legal separation and divorce differ.

Understanding What Each Term Means

Legal separation occurs when a couple decides to live apart but still stays married in the eyes of the law, and allows them to live separately without ending their marriage altogether. Some couples choose legal separation because they have a desire to stay married for personal reasons. Other couples may choose legal separation for financial reasons, like staying on a spouse's health insurance plan. With legal separation, couples still have time to work on their marriage if they want to.

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