Posted on September 19,2022 in Chicago divorce attorney

Colloquially known as gray divorce, late-in-life divorce has steadily risen since the 1990s, and the divorce rate of this demographic is projected to triple by 2030. According to the American Association of Retired Persons, 25 percent of all divorces occur later in life. A gray divorce comprises those over age 50 who divorce after decades of marriage. Divorce at any stage in life can be traumatic for all families. However, the longer a marriage, the more complicated and acrimonious a divorce can be. 

Late-in-life divorces can instigate not only emotional turmoil between spouses but also among their adult children, grandchildren, in-laws, and family friends. Late-in-life divorces can entail complex asset division, and a divorce attorney skilled in this delicate field can help strategize a fair divorce agreement.

Five Common Gray Divorce Motives

Divorce, for some, may still be painful and shocking, but it is no longer stigmatized. Every divorce is different, and a myriad of incentives for divorce prevail among the older set. Sometimes a long-term spouse harbors regret for their unfulfilled goals. Other times a spouse has only sustained being in the marriage until their children had grown. With the increase in longevity, some of the following conflicts could provoke a late-in-life divorce.

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 Posted on September 13,2022 in Prenuptial Agreement

Marital agreements such as prenuptial or postnuptial agreements are analogous to insurance policies as they create peace of mind. No longer a contract exclusive to the affluent, obtaining a marital agreement is now a prevailing exercise of due diligence for couples of all socioeconomic backgrounds. Negotiating a marital agreement can sometimes be a contentious and uncomfortable transaction between a couple. With divorce nearing 40 percent, a marital agreement is a practical and beneficial step to alleviate the possibility of future disputes or hefty legal fees in the event of divorce. Even though you may not anticipate a divorce, a divorce attorney can draft a meticulous marital agreement tailored to your needs. 

Five Reasons to Negotiate and Sign a Prenuptial Agreement 

A prenuptial agreement is a legally binding contract intended to protect each spouse's assets and property rights in the event of divorce. If a contesting party can prove coercion, the court may deem the terms of the contract to be unenforceable. For instance, if a spouse pressured the other to sign a prenuptial agreement without their review and shortly before the wedding, that may be considered coercion. Therefore, it is wise to execute the agreement carefully and identify and detail each couple’s assets and debts with full transparency. The many reasons to attain a prenuptial agreement can include the following:

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 Posted on September 06,2022 in Chicago divorce attorney

Divorce can be difficult for any child as they are forced to acclimate to their new family circumstances. Dividing time between each parent's home can entail many challenges. Still, it can be even more traumatic when a parent wishes to uproot the child from the family hometown and away from the other parent. Parental relocation requests can cause chaos and stress, and infringe not only the disputing parent's rights but also the child's. On the other hand, relocating the child can lead to a better quality of life for the child and the parent. Sometimes the child is inclined to move with the petitioning parent for various reasons, like better education opportunities. Other times, the child would instead wish to remain with the parent who contests the move.

The best interest of the child is always the court's utmost concern when evaluating a child's welfare. A divorce attorney, proficient in parental relocation matters, can strategize and help facilitate a relocation petition or contest one.  

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 Posted on August 30,2022 in Child Custody

Whether you are an unmarried parent or currently going through a divorce, child custody matters are never easy. Parents can disagree about what is best for their children, and these disagreements sometimes escalate into full-blown child custody disputes. If you are currently involved in a child custody case, there is no way to completely eliminate conflict. However, there are some things you can do to promote cooperation and civility.

Tips for Reducing Conflict and Encouraging Cooperation in Your Custody Dispute

First, remember that your children come first. It is important to put their needs above your own and to try to make decisions that are in their best interests. Of course, this is often easier said than done. Parents sometimes get so caught up in their own emotions that they forget what is best for their children. If you find yourself in this situation, take a step back and try to remember why you are doing this in the first place.

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 Posted on August 25,2022 in Divorce

The choice to separate from your partner can be an emotional one, and the legal steps necessary following this difficult decision can be overwhelming. While the short answer to the question of whether a lawyer is required to proceed with a divorce is no, a lawyer is not required in the state of Illinois. However, there are certain things to consider, if you and your spouse have children together, you own high-value assets, or you and your spouse are having difficulty settling on the separation agreements, a lawyer is beneficial.  

How Do I File for Divorce?

Divorce proceedings differ from state to state. In Illinois, the individual seeking a divorce must file a Petition for Dissolution of Marriage. After the petitioner files the necessary paperwork, their spouse is expected to respond to the petition in order to legally divide child custody, assets, debts, and child support. Those with children will most likely need to file a few additional forms. If the spouse chooses not to respond to the initial petition, there will be a default judgment made by the judge, meaning that property and child custody will be divided without the input of the spouse. 

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 Posted on August 22,2022 in Divorce

If you are divorcing someone with a high-conflict personality, it is important to take steps to protect yourself and your finances. A high-conflict divorce can be emotionally draining. High-conflict spouses may refuse to cooperate with the divorce process, hide assets or lie about finances, and intentionally provoke you. They may use manipulative psychological tactics to try and get what they want. It is important to have a solid support system in place when you divorce someone like this. It is also essential that you work with a lawyer who understands the unique challenges of a high-conflict divorce.

Divorcing a Spouse Who Intentionally Provokes Conflict 

If you are divorcing a high-conflict spouse, there are some things you can do to make the process easier on yourself. First, it is important to understand that a high-conflict divorce will be different from a typical divorce. There will be more conflict, and it will likely be more emotionally charged. It is important to have a solid support system in place before you begin the divorce process. This can include family, friends, or even a therapist.

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 Posted on August 15,2022 in Guardianship

Grandmothers and grandfathers often have a special relationship with their grandchild. Usually grandparents are secondary caregivers in a child’s life but the child’s parents take on the majority of the parental duties. However, in certain situations, grandparents must step in and take on the role of a parent. Sometimes grandparent guardianship is needed because the child’s parents have passed away or are incarcerated. In other cases, substance abuse or mental illness prevent parents from giving a child the care and attention he or she needs. If you are a grandparent and you are interested in becoming your child’s legal guardian, read on to learn more.

Guardianship Laws in Illinois

Illinois law states that an adult may become a child’s legal guardian if the adult:

• Is of sound mind

• Does not have a disability

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 Posted on August 10,2022 in Child Support

Whether you are the parent who pays child support or you receive child support payments, you may be interested in modifying your child support order at some point. Illinois law only allows adjustment of the child support order under certain circumstances. If you need help asking the court for a child support modification, do not hesitate to reach out to a family law attorney experienced in child support matters.

Illinois Child Support Modification

If your child support order was established through an administrative process, rather than the courts, you can request a modification through the Illinois Department of Healthcare and Family Services (HFS). By default, Illinois parents with administrative child support orders are eligible for a modification review every three years. If it has been less than three years since the child support order was established or last modified, the parent requesting a modification review will need to justify the request. One of the most common reasons for a modification review request is a change in the financial circumstances of either party. For example, if a parent is laid off from work, he or she may not be able to afford the same level of support as he or she could afford when he or she was working.

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 Posted on August 02,2022 in Divorce

Most divorcing spouses dread the thought of a high-conflict, public divorce trial. However, it can be extremely hard for divorcing couples to reach an agreement regarding asset division, debt division, child custody, spousal support, and other matters. Collaborative divorce is a divorce resolution method that allows couples to avoid a stressful and costly divorce trial while still benefiting from legal representation and support from their respective attorneys.

The foundation of a successful collaborative divorce is the participation agreement or collaborative agreement. Read on to learn about how participation agreements are used in Illinois collaborative divorce cases.

Using Collaborative Law to Resolve Divorce Disputes

When divorcing spouses disagree about one or more of the divorce terms, they have a few different options. In Illinois, spouses have the option to use collaborative law to resolve the divorce. During a collaborative divorce, the spouses each have their own attorney who represents their best interests and advocates on their behalf. However, the spouses and their attorneys work together to find creative solutions to the disputed divorce issues.

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 Posted on July 26,2022 in Chicago divorce attorney

Mediation can be a very useful tool during divorce. During mediation, the spouses are given an opportunity to discuss divorce issues like property division, child custody, and spousal maintenance and, ideally, reach an agreement on these issues. A mediator facilitates the discussions and helps the couple negotiate an agreement.

While many divorcing couples find mediation beneficial, there are many situations in which mediation is insufficient. In some cases, depending on mediation alone may even be harmful.

Mediation May Be Insufficient in The Following Situations

During divorce mediation, the spouses explore various divorce solutions, negotiate the terms of their divorce, and work toward a resolution. However, for mediation to work, the spouses must be willing to negotiate in good faith and work cooperatively toward an agreement. If one or both spouses are unable to do this, mediation may not be a good idea.

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