Recent Blog Posts
Three Challenges a Father May Face in an Illinois Divorce
Fathers often confront unique obstacles in Illinois divorce cases. Understanding and anticipating these obstacles can better prepare dads for navigating the complex legal and social landscape of divorce, ensuring their rights and interests are fully protected. If you are a dad about to embark on a divorce, contact a lawyer.
Child Custody Issues for Divorcing Fathers
One of the most hotly contested issues in a divorce is child custody. Illinois regards the child’s best interests as the most important consideration when figuring out custody recommendations. Sadly, this can sometimes lead to bias against fathers. Many fathers worry that they may not receive equal parenting time or joint custody, especially if traditional gender roles influence the perception of caregiving.
Can a Divorce Lawyer Persuade a Judge in Your Favor?
During a divorce, people sometimes feel that, for whatever reason, the odds are stacked against them. Such a situation begs the question: How can someone going through a divorce improve his or her chances of achieving a favorable outcome? The answer is obtaining qualified, experienced, and skilled legal counsel through an attorney.
Aside from leading you through your Illinois divorce proceedings, attorneys play a crucial role in presenting your case to the Judge and Court in a way that increases your probability of achieving a settlement in your favor. Here are some effective strategies that a great lawyer will use to make a compelling case for the Court on your behalf.
Strong Legal Arguments
A skilled lawyer knows how to construct persuasive legal arguments in a Courtroom. They do this by:
Three Signs Spousal Support May Not Be Relevant to Your Divorce
Within the turmoil of divorce, many couples may find themselves grappling with the question of whether spousal support, also known as alimony, is relevant to their divorce case. While alimony can be a crucial aspect of some divorces, this is not guaranteed to be a factor in all divorces. Understanding when spousal support may not apply can save you time, stress, and, most importantly, money. Here are three key signs that suggest spousal support might not be relevant to your situation, and how a lawyer can help.
These Signs May Suggest Spousal Support is Not Relevant in Your Divorce
Both Parties Are Financially Independent
If both you and your spouse are financially independent, the necessity for spousal support could be minimal or non-existent. For example, if both parties have stable incomes, similar earning potentials, and adequate living situations, a Court is less likely to award spousal support. In these cases, the focus will likely shift more toward property division and child custody arrangements.
Three Ways Illinois Parenting Plans Can Reduce Conflict
Parenting after divorce can be tough, and conflicts commonly arise. In Illinois, creating a well-planned, workable parenting plan can make a world of difference for both parents and children. A good parenting plan, created with the assistance of a family law attorney, offers clear guidelines and expectations, helping to reduce misunderstandings and tension. Here are three effective ways that these plans can help ease conflict.
Clear Communication Guidelines
Many disagreements between co-parents stem from poor communication. A parenting plan can set up clear ways for parents to talk to each other in ways that are documented and less likely to devolve into arguments. For example, parents might agree to use a specific app or email to share important updates or to have regular phone calls to discuss their children’s needs.
When and Why You May Need a Post-Decree Modification
After the gavel falls and the divorce decree is finalized, life’s unpredictable nature does not necessarily care about the difficult process you just experienced. In Illinois, the law allows for post-decree modifications to existing divorce settlements that address significant changes in life circumstances. But how do you know if you require a post-decree modification? If you believe your divorce decree needs to be modified, contact an attorney to start the process.
What is Post-Decree Modification?
A post-decree modification refers to any changes made to the final divorce judgment. This could involve alterations in child support, spousal maintenance, custody arrangements, and more. These modifications are not automatic or granted on a whim; substantial changes in circumstances must be demonstrated to justify a post-decree modification. In many cases, Courts will not approve modification requests less than two years after a divorce has been finalized.
Questions to Ask When Addressing Debts During a Divorce
Going through a divorce is tough, especially when you need to split up not only the assets but also the debts. In Illinois divorce, figuring out how to divide debt can be tricky, requiring the assistance of a trained attorney. During this process, you need to ask the right questions to make sure everything is fair. Here are some key questions you should consider if you have debt to divide in your divorce.
Did Your Spouse ‘Run Up’ the Balance on a Shared Credit Card?
Here is what to keep in mind:
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Timing matters – When did the balance increase happen? Was it before or after you decided to get a divorce?
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Intentional spending – Is there evidence that your spouse intentionally increased spending in anticipation of the divorce to burden you with more debt?
Common Assets Found in High Net Worth Divorces
High net worth divorces often involve diverse and complicated assets. Unlike standard divorces, where property division might be more straightforward, splitting wealth in high net worth cases poses unique challenges that can complicate divorce proceedings. Understanding the types of assets commonly involved in high net worth divorce cases can help you navigate the complexity of asset division more smoothly. And remember, no matter the type of divorce you are facing, hire an experienced Illinois divorce lawyer to guide you through the process.
Real Estate
When facing a high net worth divorces, a couple’s real estate portfolio usually extends far beyond a single-family home, perhaps including multiple residences, commercial properties, and even international holdings. Each property can present its own set of challenges.
Three Questions to Ask During Your Divorce Consultation
Divorce is an often intimidating process filled with uncertainty and strong emotions. Whether you are contemplating divorce or already are in the midst of one, consulting with an Illinois divorce lawyer is a crucial part of the process. Going into this consultation with a clear understanding of what you need to know and what you can expect from an attorney will help you set reasonable expectations, which will help the entire divorce process go more smoothly. Here are three essential questions to ask during a divorce consultation to help you better understand and navigate this difficult time.
How Much Can I Expect My Divorce to Cost?
One of the first things people worry about when considering a divorce is how much it will cost. The cost of divorce varies widely depending on many factors, such as the complexity of your case, whether the divorce is contested or uncontested, and the attorney’s rate.
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.
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.