Posted on January 03, 2018 in Divorce

Over the last few decades, there has been a noticeable increase in older married couples getting divorced. In fact, the rate of these “grey divorces” doubled between 1990 and 2010. If you are over the age of 50 and are considering getting a divorce, you may face some unique challenges. As you weigh your options, there are a few things to keep in mind.

You May Be Ordered to Pay Spousal Support

When an older couple gets divorced, they are often more established financially than a younger couple would be. Therefore, there are some rather unique financial situations that may arise. Firstly, those couples that have been married for several decades should expect one of them to be ordered to pay spousal maintenance, also called spousal support or alimony. Often, spouses have considerably different incomes or one spouse stayed home to raise children while the other worked. In these circumstances, the higher-earning spouse is often ordered to pay spousal support to the lower-earning spouse. The duration that payments will occur and the amount of each payment will depend on the recipient’s health, ability to find employment, job skills, and other factors.

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 Posted on December 19, 2017 in Family Law

The relationship between a parent and his or her child is one of the most sacred relationships of all. Sometimes, however, complicated situations arise and it is not appropriate for a parent to continue parenting their child. Sometimes a parent loses his or her rights to their child because of abuse or neglect, while other times, a parent may voluntarily give up his or her parental rights. Voluntary abdication of parental rights is not sometime to be taken lightly, and it is certainly not appropriate in all situations, but a recent headline-grabbing case has figuratively turned many heads. 

Unexpected Parentage

Two women in Hawaii are likely to be the first same-sex couple to argue their custody case before the Hawaii State Supreme Court because one of the women wishes to give up her rights to their child. The two women were married and allegedly discussed having children before one of the women was deployed due to her service in the military. While she was away, her then-wife conceived a child using a sperm donor. The marriage ended in divorce, and the child was born while the divorce was pending.

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 Posted on December 14, 2017 in Property Division

There are a great many things to consider when a couple decides to get divorced. In addition to dealing with the emotional turmoil of ending their marriage, they also have to face decisions regarding logistics like property division. If you have been considering divorce, you may have wondered to yourself “Who will get to continue living in the house?” or “Who will get the antique furniture?”

Determining Who Will Get What

In many marriages, spouses have brought assets into the marriage that were valuable either financially or sentimentally. They worry that the court will assign such assets to their spouse. In other cases, a spouse may not have worked because they stayed home to raise children. He or she may wonder if this will affect the way property is divided. The law regarding property division in Illinois can be complicated, but there are guidelines that courts use when making decisions about property division. The following are some of the foremost factors courts use to decide how property and assets are divided in a divorce:

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 Posted on December 11, 2017 in Child Custody and Support

Raising a child with your ex is no easy task. After all, if two people used to be together and they no longer are, it is usually safe to assume that there are many issues on which the two people do not see eye to eye. This can make it especially challenging to co-parent effectively together. One parent may think that the children should be in bed by 8 P.M. sharp every night while the other thinks that the children should be allowed to stay up later. Parents may disagree about extracurricular activities, schoolwork, discipline, eating habits, or any number of things.

The holidays are often a stressful time of year for most adults as it is, so adding the challenge of co-parenting children can make the holidays even more troublesome. However, there are some steps you can take to make the holidays go more smoothly for you, your children, and your children’s other parent.

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 Posted on December 07, 2017 in Spousal Maintenance

When a married couple chooses to end their marriage through divorce, the court may award spousal support to one spouse. Spousal support is sometimes referred to as alimony or spousal maintenance. It refers to payments that one spouse makes to the other in order to help him or her maintain their quality of life after the marriage has ended. Spousal support can be based on an arrangement between the couple, a prenuptial agreement, or a decision by the court itself.

How Is Spousal Support Awarded?

Spousal support is similar to child support in that it is awarded to a person who needs income support from a former spouse. Unlike child support, which in most states is awarded according to very specific guidelines, courts have much more discretion in determining if spousal support is appropriate or not. The court also decides how much spousal support will be awarded and for how long payments will occur. Courts consider the following factors in making decisions about spousal support:

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 Posted on December 05, 2017 in Prenuptial and Postnuptial Agreements

Getting engaged to be married is a joyous time for any couple. In the midst of sharing pictures of the ring, scouting out locations for the wedding, and celebrating with friends and family, couples are also faced with a hard choice: Should they create a prenuptial agreement?

A prenuptial agreement, also called a prenup or premarital agreement, is a legally-binding agreement that a couple signs before getting married in order to protect each spouse's financial interests. Some people incorrectly assume that prenuptial agreements are only appropriate for celebrities, the extremely wealthy, and those couples who do not think their marriage will last.

Plan for the Worst

Of course, no one who gets married wants to imagine that it will end, but sadly about 40-50 percent marriages do. Therefore, it is important to plan for the worst case scenario even if the marriage is presently strong. As the old saying goes “It is better to be safe rather than sorry.” Many people fail to remember that marriage is not only a romantic relationship; it is also a business relationship. When two people get married, they merge not only their day-to-day lives but also their financial lives. Therefore, it is crucial that couples take time to put emotions aside and make these types of hard decisions. 

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 Posted on November 18, 2017 in Divorce

You probably know at least a few married couples who are going through a rough patch in their marriage. One or two of them may even have separated as they try to figure out what to do next. While many couples who undergo a trial separation end up back together, it is the beginning of the end for others. In fact, most couples who get divorced live separately for a period time before filing and while the proceedings are underway. But, does the law require a separation period before a divorce in Illinois?

Recent Changes

Before 2016, Illinois law required a couple seeking a no-fault divorce to live separate and apart for up to two years before the divorce could be granted. If both spouses agreed, the court could shorten the separation period to six months. If a spouse filed for divorce on fault grounds—including bigamy, adultery, repeated mental or physical cruelty, and abandonment—the separation requirement did not apply. The filing spouse, however, was required to provide proof to the court of his or partner’s misdeeds. As a result, fault-based divorce fell out of favor with the average couple.

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 Posted on November 16, 2017 in Divorce

So, you have made the decision to pursue a divorce. After months of talking, counseling, and family therapy, you and your spouse have realized it is time end your marriage and go your separate ways. You have made basic arrangements for your property and your children, and you have reached an agreement on spousal support. All that is left to do is to file your petition with the appropriate court. But which court is the right one? You may be surprised to learn that most couples have at least a couple of options.

The Letter of the Law

The Illinois Marriage and Dissolution of Marriage Act states that proceedings for divorce “shall be had in the county where the plaintiff or defendant resides.” The plaintiff is the spouse who files the divorce petition, making the other spouse the defendant. This means that law presumes that your divorce will be heard in the circuit court of the county where either you or your spouse live at the time the petition is filed.

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 Posted on November 09, 2017 in Divorce

No reasonable person gets married with the expectation that the marriage will end in divorce. While most people realize that divorce is a possibility—given that between 30 and 40 percent of marriages ultimately end that way—a marriage consists of two people building a life together. Unfortunately, relationships sometimes fall apart, even those that were formalized by marriage. When a marriage starts to fail, there are often warning signs that may be evident, and if you know what to look for, you may be able to save your marriage before it is too late.

Common Warning Signs

No two marriages are exactly alike, but relationship experts suggest that the red flags associated with failing relationships are often similar. It is important to remember that one or two such warning signs may not spell the end of your marriage, but the more there are, the worse off you may be. The most common signs include:

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 Posted on November 07, 2017 in Divorce

Over the last few years, there have been many dramatic changes made to the laws that govern divorce in the state of Illinois. Thus, it is hardly surprising that a person who may be considering ending his or her marriage would have questions about how to begin the process and what he or she should know in advance. While it may not be possible to answer all of them quickly and easily, a review of the basics may provide some guidance.

Residency, Venue, and Grounds

A person may seek a divorce in an Illinois court if at least one half of the couple has lived in Illinois for at least 90 days prior to filing the petition for divorce. The petition should be filed in the county where at least one of the spouses resides unless there is a good reason to hold the proceedings in a different county.

Illinois is a pure no-fault divorce state, which means that all divorces are granted on the basis that irreconcilable differences have caused an irreparable breakdown of the marriage. Behaviors such as infidelity, abuse, or abandonment are not considered in the divorce proceedings—except possibly during discussions about parental responsibilities and parenting time.

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