Recent Blog Posts
Three Ways a Real Estate Appraiser Can Help in Your Divorce
Many divorces involve the division of marital assets, including real estate properties. In such cases, a real estate appraiser can play a central role in ensuring a fair and accurate assessment of property values. In essence, a real estate appraiser can assist you during divorce proceedings in three distinct ways. Discuss with your skilled lawyer in Illinois if a real estate appraiser or any other outside professionals may be beneficial toward protecting your rights and interests in your divorce.
Determining What the Property Is Worth
The most consequential role of a real estate appraiser in a divorce is to determine the fair market value of the properties involved. By conducting a comprehensive appraisal, the appraiser assesses factors such as location, size, condition, and recent sales of comparable properties in the area. This objective evaluation helps establish an accurate value to guide the equitable distribution of the couple's assets. A professional appraisal can prevent disputes and ensure that both parties understand the property's worth clearly.
The Role of Child Support in Illinois Family Law Cases
Child support is a crucial aspect of family law cases in Illinois, ensuring the financial well-being of children whose parents are no longer married. At its foundation, child support is a legal obligation that aims to provide for the child's basic needs, including food, shelter, education, and healthcare. If child support is a factor in your divorce and you want to ensure you have the best possible chance at securing a favorable divorce settlement, contact an experienced Illinois family lawyer and give yourself a chance at making your legal goal a reality
Here is Why Child Support is Important
- Financial support is ensured – The primary purpose of child support is to ensure that both parents contribute to the financial support of their child. When figuring out child support payments, Illinois looks at the income of both parents, the number of children involved, and other relevant factors. As a result, this ensures that the child's financial needs are adequately accounted for, regardless of their parents' relationship status.
Are There Any Legal Options for Addressing Parental Alienation?
Parental alienation is a sad but all-too-common situation that occurs when a parent manipulates or undermines the relationship between a child and the other parent. Such situations of parental alienation may arise during divorce proceedings and can be terribly detrimental to the well-being and the preservation of the parent-child relationship, which makes addressing the matter of the utmost importance if it is occurring. If parental alienation is a factor in your divorce and you are wondering what can be done about it, contact a respected lawyer in Illinois to obtain the legal guidance you can rely on.
Parental Alienation at its Core
The foundation of parental alienation revolves around one parent engaging in behaviors that negatively influence the child's perception of the other parent. These behaviors may include making derogatory remarks, limiting contact, interfering with communication, or manipulating the child's emotions. Parental alienation can have highly traumatic consequences for the child and the targeted parent.
What Issues Can Make a Same-Sex Divorce Complex?
Same-sex marriage is legally recognized in many states and jurisdictions, including Illinois, granting couples the same rights and responsibilities as opposite-sex couples. However, with same-sex divorce, unique challenges can arise. If you are heading toward a same-sex divorce, be advised that obtaining legal representation through an Illinois divorce attorney is highly recommended
Here Is What Can Make Same-Sex Divorces Difficult to Navigate
Same-sex couples often face unique challenges related to parental rights and child custody. In cases where children are involved, questions may arise regarding the legal status of both parents, especially if one partner is not biologically related to the child. Establishing parental rights and determining custody arrangements can be complex, requiring careful consideration of Illinois state laws, adoption records, and the best interests of the child involved
What Factors Can Affect Spousal Support in an Illinois Divorce?
Divorce can be a challenging and emotionally charged process, and it will involve multiple types of legal and financial concerns. Out of the many complex issues couples may need to navigate, spousal support may be an important factor affecting both parties' financial health. Spousal support, also known as alimony or maintenance, refers to financial support provided by one spouse to the other after a divorce. In Illinois, spousal support may be awarded based on several factors outlined by state law. An experienced attorney can guide how to address issues related to spousal maintenance and ensure that all factors are assessed correctly.
According to Illinois law, a family court judge may consider a variety of issues when determining whether spousal maintenance will be awarded during a divorce. These factors include:
Should I Talk to My Spouse Before Filing for Divorce?
If you have decided to file for divorce, you may ask yourself whether you should speak to your spouse before filing. Whether it is better to talk to your spouse first depends on your particular spouse and the circumstances of your divorce. Only you know your situation and can decide whether it is better to talk to your spouse before your attorney files the paperwork on your behalf. If your divorce is amicable, talking to them is likely the right course of action. On the other end of the spectrum, if your relationship has grown unsafe, you might not want to alert them that you are planning to leave. Your attorney can assess your situation and suggest a few things to consider in making this important decision.
Safety Comes First in Divorce
If you are afraid that your spouse will react violently if you tell him/her that you are planning to divorce, you may not want to be together when this news is shared. If your spouse has made threats or been violent toward you in the past, you can request an Order of Protection. While not a perfect defense, these orders tell your spouse he/she will be arrested if he/she takes certain actions, like coming near your home or harassing you.
Questions to Ask Before Divorce Mediation
Divorce mediation is a wonderful thing for many people. When it works, mediation can allow the parties to settle and finalize their divorce quickly and without costing too much. Unfortunately, divorce mediation is not for every set of spouses. There are many reasons mediation might fail, and the parties might need to go through a contested divorce. There are cases where one spouse is unreasonable or refuses to participate. Unsure about whether mediation is right for you and your spouse? Take the time to think this option through. Tell your Illinois divorce attorney if you have any particular concerns about trying mediation.
3 Things to Think About Before Trying Mediation
Mediation will likely work if you and your spouse are still amicable. Mediation can work in high-conflict divorce but is less likely to succeed when the spouses are trying to spite each other. A few questions to ask yourself before you start mediation include:
5 Unique Concerns in High-Asset Divorce
Not every law firm is prepared to take on a high-asset divorce. The issues involved in a divorce when the spouses share substantial wealth can be far more complex than those in a divorce with a less substantial marital estate. Issues may involve not only the value of the property involved but the complexity of the types of property to be divided equitably. Splitting the cash in a bank account is often easier than dividing a fluctuating stock portfolio. Couples with financially successful marriages should work with an Illinois divorce attorney with experience in high-net-worth divorces when ending their marriage. Dividing a large and complex marital estate without significantly decreasing its total value can be challenging. Your divorce may take time as your attorney steadily works towards a resolution that is fair and financially beneficial to you.
What Is a Parenting Plan?
When parents get divorced in Illinois, they are required to establish something called a parenting plan. A parenting plan is what it sounds like and outlines how two parents who are not together anymore will share the joys and duties of raising their child. Parents who were never married may also be required to establish a parenting plan when a child custody or parentage case is brought. These plans are designed to prepare separated parents for successful co-parenting. Having the majority of decisions about co-parenting made in advance can reduce conflict later, as there are fewer undecided issues to argue over. Parenting plans can either be made by the parents or by the Court. Mediation can help parents reach an agreement in many cases. It is important to work with a well-qualified Illinois child custody lawyer when you need a parenting plan.
Should I Contest My Divorce?
A contested divorce can be difficult, stressful, and time-consuming. However, in some cases, this may be the only way to get a fair divorce decree. Most people today use alternative dispute resolution strategies like mediation to settle their divorces out of Court. Resolving a divorce out of Court offers quite a few benefits. You have more control over the end result. Mediation is less expensive than going to Court. Getting divorced can be much faster when the spouses are able to agree on who keeps what property and what type of child custody arrangement to use. However, mediation does not work for every couple. Some are simply unable to reach an agreement. These couples may have little choice but to allow a Judge to make decisions. If you are concerned that your case may go to Court, you will benefit from working with an experienced lawyer.
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.