847.873.6741
Recent Blog Posts
What Is the Difference Between Collaborative and Cooperative Divorce?
When a couple chooses to get a divorce, there are many ways they can do so. They can go through litigation, arbitration, mediation, collaborative divorce, or cooperative divorce. These last two options are often confused, and the terms are sometimes used interchangeably. However, there are differences between the two, and divorcing couples should understand what those are before deciding what type of divorce to pursue.
Collaborative Law
During a collaborative divorce, each spouse will meet separately with his or her own attorney. He or she will outline what he or she wants from the divorce, and the minimum settlement he or she will accept. If both parties agree to pursue a collaborative divorce, they will enter into a Participation Agreement along with their respective attorneys. The agreement states that all parties are committed to the collaborative process and that they will freely and honestly exchange information with each other as they work to reach a divorce settlement.
How to Address the Stages of Grief During Your Divorce
When most people think of grief, they think of losing a loved one. However, any major loss can cause a person to struggle with sadness, and divorce is certainly a traumatic event that can lead to this type of difficulty. People going through a divorce experience a wide range of emotions, and everyone processes emotions differently. However, people often progress through several stages dealing with grief, and understanding these stages can help you determine the best steps to take during the divorce process. By working with an experienced divorce attorney, you can understand your legal options and ensure that your rights are protected as you process these emotions.
Denial
This stage is most likely to occur when one spouse wants a divorce, but the other does not. A person may believe that talk of divorce is just a phase the couple is going through and that everything will soon return to normal. In some cases, denial can be a very helpful emotion, serving as a natural defense mechanism that protects a person from feeling too many emotions all at once. However, even if you believe that your marriage can be saved, you should take steps to protect your rights, including addressing issues related to property ownership or child custody during the divorce process.
How to Determine Income for Child Support and Spousal Maintenance
Most people know how much income they earn in a month or a year. Sometimes, however, determining the actual amount of income can become complicated. For example, what if you are an independent contractor, and your income is constantly in flux? Or, what if you are receiving Social Security benefits? These are just two situations in which determining how much income you have becomes tricky. However, your income will play a vital role in divorce proceedings, particularly when finalizing terms regarding child support and spousal maintenance. So, how do you define your income in divorce proceedings? In Illinois, these determinations are based on three different statutes: the Uniform Interstate Family Support Act (UIFSA), the Income Withholding for Support Act, and the Illinois Marriage and Dissolution of Marriage Act (IMDMA).
The Uniform Interstate Family Support Act
What Does Child Support Pay For in an Illinois Family Law Case?
A non-custodial parent who is ordered by a judge to pay child support may experience feelings of contempt and hostility toward his or her former partner. These strong emotions do not necessarily occur because a parent does not want to provide financially for his or her children, but they often result from a loss of control over one's finances. With no way of knowing what those child support payments are being used for, a parent may worry about whether they are actually going toward the daily living expenses of the child or are being used to pay for other costs incurred by the custodial parent. A non-custodial may also wonder why he or she may be required to pay additional expenses as part of his or her child support obligations. So, what does child support actually pay for?
Basic Child Support Obligations
In Illinois, all parents have a legal obligation to provide for their children financially until the time a child turns 18. This support is meant to provide for the basic living expenses of the child, including food, clothing, housing and other basic needs. Essentially, child support payments are meant to provide for the child's needs in a way that replicates a two-parent household. However, in addition to this basic support obligation, non-custodial parents may also be required to provide additional financial support that meets children's other needs.
What Happens When Wages Are Garnished to Pay Child Support?
In Illinois, child support is taken seriously. Illinois law recognizes that all parents are financially responsible for meeting their children's needs until the children are no longer minors. While ensuring that children's safety and welfare are protected, the law can place a financial burden on those who must pay support. When non-custodial parents do not pay financial support, the other parent may take measures to ensure child support is paid.
Non-custodial parents who do not pay child support can be held in contempt of court. However, cases involving non-payment are often resolved before these types of charges are filed, and to ensure that payments are made, the non-custodial parent's wages may be garnished. The parent's employer will then be responsible for deducting the ordered amount from his or her wages and making the payments to the custodial parent. However, a parent may wonder how wage garnishment is handled and what will happen if an employer fails to make these payments.
Frequently Asked Questions About Collaborative Divorce in Illinois
If you are considering divorce, you have likely imagined lengthy legal battles and contentious disputes with your ex-spouse during the process. However, divorce does not have to be this way. Collaborative law is a very effective alternative to litigation in court when trying to finalize the terms of a divorce. Collaborative divorce functions as a middle ground between mediation, in which both parties are very amicable and cooperative, and litigation, where things can become fairly hostile as disputes are argued in court in front of a judge.
What Is Collaborative Divorce?
During a collaborative divorce, both sides will work together with their respective attorneys to try to resolve all outstanding disputes or legal issues, such as custody of children or division of marital property. In a collaborative divorce, the attorneys for both sides attempt to come to an agreement that is satisfactory for all involved, unlike litigation, in which one side typically wins and one loses. Collaborative divorce places the needs of the couple, and the entire family, front and center. By working together to reach a settlement, a couple can eliminate uncertainty over what a judge will decide, and both parties will have much more control over the outcome.
Can I Get Divorced Through a Newspaper in Illinois?
Even if your marriage has broken down, you may not want to go through the long, drawn-out process of divorce. You know you will have to see your ex in many unpleasant circumstances, and you may want to avoid interacting with him or her altogether. If you are in an abusive relationship, this can be a particularly important issue.
You may have heard about the possibility of getting a divorce through the newspaper in which you simply publish the divorce announcement and have your marriage dissolved. Is this true, though? Can you really just publish that you want a divorce in a newspaper and have the process finalized? While this may be possible in Illinois, the process of doing so is not easy, and you will have to meet several criteria before you start paying for that ad space.
What You Need to File Through Publication
In a few rare cases, you can get divorced through a publication in the newspaper in Illinois. Before you do so, you will need to file a petition for divorce with the court, ask the judge to allow you to serve the divorce papers through publication, and then prove why you need to do so.
5 Ways to Sabotage Your Child Custody Case
If you are going through a divorce with children involved, you will also have to go through child custody proceedings. Child custody, which is known as the “allocation of parental responsibilities” in Illinois, is one of the most emotional and hotly contested aspects of any divorce, since there is a lot on the line. In order to give your case the best chance of success in court, you should be sure to know what to do and what not to do. If you are currently going through a custody battle, make sure you avoid making any of the following mistakes that could sabotage your case:
1. Try to Alienate Your Children From the Other Parent
During a divorce, one parent may try to influence the other parent's relationship with the couple's children. He or she may not allow the child to call the other parent during visits, or he or she may speak badly about the other parent to the child. While this type of behavior is common in divorce cases, the courts do not view it favorably. A judge will typically view alienation as damaging to the child, and he or she may choose to restrict the parental responsibilities or parenting time of a parent who engages in parental alienation.
The 5 Biggest Questions About Uncontested Divorce in Illinois
Getting an uncontested divorce sounds fairly simple. In fact, these are typically the least complicated divorces in Illinois because both spouses agree to the terms of the divorce; however, this type of divorce isn't always straightforward or uncomplicated. Any couple facing a divorce, even one that is uncontested, is going to have questions. Below are the five most common issues that come up in uncontested divorces:
Can We Use the Same Lawyer?
One lawyer representing both sides in any legal matter is a major conflict of interest. While both spouses may consult with a single attorney as they proceed with the divorce process, the attorney can only represent one spouse during the divorce proceedings. In order to ensure that both parties' rights are protected, you and your spouse should use different attorneys that will represent each party's separate interests. Even during an uncontested divorce, you will need legal advice on the steps to take and an advocate who will stand up for your rights.
How Will a Guardian Ad Litem Affect My Child Custody Case?
If you are going through a divorce, you will likely come across a variety of procedural rules that you will have to follow and many different legal terms you may not have heard before. One of these terms is “guardian ad litem.” Many divorcing couples do not understand the role of a guardian ad litem (GAL) or why one may be appointed by the court. However, this person can play an important part in decisions about child custody, so you will want to be sure to understand how to proceed if a GAL has been appointed.
What Is a Guardian Ad Litem?
In some divorce cases, matters related to the allocation of parental responsibilities and parenting time may need to be addressed by the judge. When making decisions about these issues, the judge must take a number of factors into consideration, including the home life of both parents, the financial situation of each parent and ultimately, what is best for the child.
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.
110 N. Brockway Street, Suite 220, Palatine, IL 60067
847.873.6741
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
