Posted on April 22, 2025 in Divorce

When divorcing spouses cannot agree on key issues such as property division, parenting responsibilities, or financial support, the divorce is considered "contested." Contested cases are typically more complex and require more time, resources, and legal intervention than uncontested divorces. While many contested divorces in Illinois are eventually resolved through mediation or settlement negotiations, some require formal litigation to reach a resolution.

As a contested divorce progresses, each spouse must provide detailed information and documentation to the other through a legal process called discovery. One important tool in discovery is the deposition, a formal question-and-answer session conducted under oath. Understanding what happens during a deposition and how to prepare for it can help reduce anxiety and protect your interests as you move through the divorce process. A qualified Illinois divorce lawyer can answer your questions and help you navigate the stages.

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 Posted on April 11, 2025 in Child Custody

People who are beginning the divorce process or considering divorce often encounter terms they do not fully understand. Misunderstanding these terms adds unnecessary stress and confusion to an already challenging situation.

To make informed decisions, anyone facing divorce in Illinois should understand several common legal terms. Here, our Illinois divorce attorney clarifies some frequently misunderstood divorce concepts, beginning with "parental responsibilities."

Parental Responsibilities: More Than Just Custody

Illinois no longer uses the term "custody" to define how parents share responsibility for raising their children. Instead, the Court uses the term "parental responsibilities." This term includes the authority to make significant decisions about the child's upbringing, such as those regarding education, medical care, religion, and extracurricular activities. Parental responsibilities can be shared jointly or allocated primarily to one parent, depending on what the Judge believes to be in the child's best interests.

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 Posted on April 03, 2025 in Divorce

Most people are aware that divorce can be difficult, but for some, the hardest part begins after the final Court order has been entered. Once the legal decisions have been made and the marital ties are severed, divorced spouses often face a second wave of adjustment — the emotional, social, and financial realities of starting over. Understanding these post-divorce challenges can help people prepare and take practical steps forward, and our Illinois divorce attorney is here to help you with those practical steps.

How Does Divorce Affect Friendships and Social Life?

Divorce can lead to unexpected changes in social circles. Friends may feel uncertain about how to maintain relationships with both former spouses. Some may take sides or disappear altogether. Holidays, birthdays, and mutual friendships can become complicated.

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 Posted on March 25, 2025 in Paternity

In Illinois, establishing paternity, or the legal relationship between the biological father and child, influences crucial issues such as child support, visitation, and custody. When a woman who gives birth is married, her husband is automatically considered the baby’s father. If the parents are not married, there are several ways paternity can be established and each method suits different scenarios. If you are a parent with questions about establishing paternity, an Illinois paternity lawyer can assist you.

Why Establish Paternity? 

As the father or mother, establishing paternity matters for several reasons, including: 

• Determining the child’s legal rights and responsibilities, including the right to receive child support, inherit property, and have visitation rights.

• Enabling a birth certificate for the child that includes the father’s name.

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 Posted on March 24, 2025 in Divorce

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.

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 Posted on March 18, 2025 in Child Support

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:

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 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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