Posted on August 26, 2019 in Gray Divorce

Divorce statistics are often misconstrued, and it can be difficult to determine what the true divorce rate is in the United States. One of the figures that most statisticians can settle on, however, is that the general divorce rate is declining, while the rate of divorce for those who are over the age of 50 is rising--and has been for the past couple of decades. A "gray divorce" is a term that is used when two people who are over the age of 50 decide to divorce. At that point in their lives, they have typically been married for decades, and they may have many more issues that need to be addressed, especially when it comes to finances. If you are thinking about getting a divorce, and you are over the age of 50, you should be aware of some of the differences that you may face compared to your younger counterparts.

Stakes Are Higher During Asset Division

When going through the process of dividing your marital assets, earning potential is something that becomes important. For couples who are in their 20s, 30s, or 40s, they still have plenty of earning potential. Couples who are divorcing in their 50s or later are close to retirement, if they have not already retired, meaning their income will be fixed, and their assets will not grow anymore. This makes the stakes higher when it comes to figuring out who gets what in the divorce.

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 Posted on July 30, 2019 in Collaborative Law

In recent years, divorcing by means of alternative dispute resolution has become rather popular. Both mediated and collaborative divorces have been the choice of many couples who are looking to get a divorce, rather than using the traditional litigation process. While each type of divorce has its advantages and disadvantages, collaborative divorce can be the answer to many people’s problems when it comes to settling issues and getting the results they want out of the divorce.

What Is a Collaborative Divorce?

The idea of collaborative divorce has existed since the 1980s, although it was only practiced in Illinois beginning around 2002. The Collaborative Process Act was signed into law in Illinois in 2018, and this formally recognized the collaborative process as a means to divorce. When a couple begins the collaborative process, they agree to cooperate in order to resolve the outstanding issues in their divorce. The collaborative divorce process takes place outside of the courtroom, in multiple private meetings. Avoiding litigation is one of the main goals of this process, and a collaborative divorce will often follow several methodical steps:

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 Posted on October 31, 2018 in Child Custody

When it comes to children of divorce, Illinois courts are not really concerned with either of the parents. The courts’ first and foremost concern is the children themselves and their well being. It is of the opinion of Illinois courts and Illinois law that children are best off having a close and loving relationship with both of their parents. This is why the Illinois Marriage and Dissolution of Marriage Act states that "it is presumed that both parents are fit and the court shall not place any restrictions on parenting time." But because the courts’ primary concern is the children, they will, in fact, place restrictions on parenting time if they find that the child’s overall well being would be endangered by spending time with one or both of his or her parents.

Getting the Court to Place Restrictions on Parenting Time

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 Posted on October 24, 2018 in Child Custody

If you are a divorced parent, you probably know how difficult celebrations and get-togethers can be, especially when they involve family or your children. Halloween is a very child-oriented holiday and can be stressful for some parents if they do not know how to handle it. With trick-or-treating, Halloween parties and choosing a costume, there are many things that you must discuss with your ex-spouse, whether you like it or not. Like many things in life, communication is key when having a happy Halloween. Here are four tips to help your child have a good spooky season.

Communicate, Plan and Prepare

It has already been said, but it needs to be said again - communication is key. You should probably have had these discussions a few weeks ago, but if you have not, you need to have them as soon as possible. Talk with your ex and figure out a game plan as far as school Halloween events, such as parties or parades. You should also discuss how you both will spend Halloween with your child and who will be doing what.

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 Posted on August 07, 2018 in Prenuptial & Postnuptial Agreements

Prenuptial and postnuptial agreements have long been considered taboo or unromantic. While it is probably close to one of the most unromantic topics you could discuss, divorce is a possible reality for any married couple. Entering into a prenuptial or postnuptial agreement can help you if you do decide to get a divorce somewhere along the road. Ironically enough, these kinds of agreements can also help you during your marriage, too, which is one of the reasons why they have become more popular.

What Is a Postnuptial Agreement?

Both prenuptial and postnuptial agreements are legal documents that can outline certain things in the event that a marriage ends in divorce. Unlike prenuptial agreements, which are signed prior to the marriage, postnuptial agreements are ones that are formed and signed after a couple is already married.

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 Posted on May 11, 2018 in Child Custody

The structure of the American family is drastically changing. Even though the majority of children are still raised in households with a married mother and father, that number has been decreasing over the years. According to the Pew Research Center, less than half of American children are living with both of their parents in their first marriage. Family structures in the United States have been changing and now include blended families with step-parents and children, parents who cohabitate and LGBT families. According to The Williams Institute, about half of LGBT women and a fifth of LGBT men are raising a child. The Case Recently, an Illinois court ruled that a woman has parental rights to a child that was conceived in her lesbian marriage. The woman’s former wife had sought a sperm donor to carry the child that was to be raised by the both of them. When the child was born, both parents identified themselves as co-parents on the birth certificate but split seven months after the birth. Even though the woman has no biological connection to the child, she was granted parental rights and partial custody of the child by a Winnebago County court. Determining Parentage Under Illinois law, a person is considered to be a parent of a child if the mother of the child and the person entered into a marriage, civil union, or other legal relationship before the birth of the child and the child was born during the time of the relationship. Using this law, the mother seeking parental rights in the case involving her non-biological child had a right to seek custody. Illinois Parental Rights Laws

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 Posted on February 08, 2018 in Finances & Divorce

Even if a person has spent hours considering their various options and weighing its impact on their future, the decision to divorce can still elicit heightened emotions of fear. Unfortunately, it happens that some spouses may attempt to influence how the other proceeds with the divorce by issuing threats that play upon those fears.

Responding to Threats

It is not unusual to want your divorce to end in a way that is mutually agreeable. It is even acceptable to think the final settlement should favor you if the marriage included some egregious acts by your spouse. However, when threats are issued it is important to respond in an appropriate and legally measured manner. Doing otherwise can result in negative repercussion and even severe sanctions. However, in most cases, the threats can be best categorized as empty bluster.

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 Posted on February 06, 2018 in Divorce

It is probably a safe bet to say that everyone who marries thinks that union will last forever. Why else would they bother? However, divorce is a fact of life, and there are a number of factors that play a part in the erosion and eventual dissolution of a marriage. Stress on a marriage comes from many sources, and a person’s job is among them.

Are You Working Toward a Divorce?

It has become known that workers in some industries experience divorce at higher rates than those in others. Whether it is the long hours, required travel or stress of the job that carries over to the homelife, the career someone chooses could impact the length of their marriage. Here’s a partial list of those lines of work that tend to experience higher than normal divorce rates.

The duties and responsibilities of first-line enlisted military supervisors place an unusual strain on a marriage. The added stress of deployment often adds to the unusually high rate of divorce among those in these roles.

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 Posted on December 05, 2017 in Divorce

The divorce process may be one of the most emotionally traumatic experiences of your life, as the relationship you once thought would last forever has ended. Dealing with the aftermath of your divorce while navigating the winter holidays can increase the stress and anxiety of rebuilding your life.

The Holidays Are Stressful Enough

Crowds at the mall, parking lots filled to capacity, family get-togethers and office parties are just some of the things that make this time of the year very stressful. The after-effects of a divorce can increase that stress level, but if you have some idea of what to expect then perhaps you can take steps to avoid adding to your anxiety.

• People like to talk about their families and what is happening in their life when they gather during the holidays. Send a brief note to family and friends that, although you appreciate their support, you would prefer not to focus on or discuss your break up.

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 Posted on June 26, 2017 in Finances & Divorce

One of the most common reasons for divorce, along with cheating, is financial issues. Studies show that couples who argue about money are more likely to split. If you are considering divorce and are wondering whether your financial future may be at risk, call our Illinois divorce attorneys before making any decisions about bank accounts.

What is the Percentage of Married Couples with Separate Bank Accounts? 

Although the number of married couples opening separate bank accounts is increasing (a TD Bank survey shows that 42 percent of couples have both individual and joint bank accounts), it remains taboo for spouses to maintain individual bank accounts.

However, there are several reasons that married couples should go against the grain and opt for separate bank accounts:

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