Posted on June 01, 2018 in Family Law

It's now a trend with its own term. Gray divorce, a term used for individuals who end their marriage after they are 50 years of age or older, is rising, and more family law professionals are seeing clients who fit the category. In Illinois, these older couples separate with different issues than other couples who call it quits when they are younger.

Unlike couples with minor children, gray divorce individuals do not have the same needs for child custody and child support negotiations. Usually, the major issues of this type of marital dissolution are related to assets such as the home, investments and retirement plans. Individuals need to decide how the assets will be shared during a collaborative process, or they may need to have the matter settled by a judge.

Some of those with experience in the field say that divorces among older individuals are up and that the divorce rate has raised to 30 percent in this age group. Some say that it is the largest growing age section in their family law practice. Many couples report that the divorce was useful and that they harbor no bad blood against their ex-partner, but of course, this does not apply in every case.

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 Posted on May 24, 2018 in Divorce

A college education is one of the most significant costs for a parent raising a child. Many Illinois parents are able to save money for their children's college tuition through hard work and planning. If the parents decide to divorce, the breakup can affect the college fund. If there is only one pot to draw from, certain living expenses must come first.

A divorce can catch individuals off guard financially, but there are steps that can be taken in advance to reduce the threat of losing the college funds. In any case, ending a marriage will likely prompt individuals to review the college plans currently in place. If major financial changes are anticipated, the family may need to consider adjusting to financial changes and encourage lower cost options.

A 529 savings plan is a good way to save for a child's future college needs. The money in a 529 savings plan is not subject to taxes when it is used for valid educational purposes. If funds are already in a 529 plan, during a divorce, parents will be less likely to have to find the funds elsewhere, allowing them to use other savings and investments to finance two separate households.

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 Posted on May 18, 2018 in Child Custody

When Illinois couples decide to end their marriages and go their separate ways, the divorce process can be complicated - particularly if there are children involved. While most parents want what is best for their children, it could be challenging to balance the needs and schedules of the children with their own. Before making decisions about child custody, it might be best to understand the differences between joint and shared custody.

Although it is often perceived as the same thing, there are differences between the two types of custody. Shared custody allows each parent physical custody by providing food, shelter and care for 50 percent of the time. However, it is a flexible arrangement by which parents can agree on parenting plans that will also accommodate their own schedules. This type of child custody allows parents to determine whether the rights to make important decisions will be shared or allocated to one parent.

With joint custody, every aspect of the child's care and upbringing must be shared equally between the two parents. A continued good relationship between them is crucial because they will have to meet frequently to make joint decisions. This arrangement prohibits one parent to make any changes to important aspects of the child's life without the consent of the other parent. This includes health care, education, religion, extracurricular activities and more.

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 Posted on May 09, 2018 in Child Custody

Many Illinois parents likely understand that it is always best to reach an agreement between both parties during the divorce process that is in the best interests of their children. Child custody orders put in place by the court are a common way to ensure the physical and emotional needs of any children involved are met. However, on some occasions, a child custody battle is not between two parents, but between parents and the state.

In September 2017, Illinois courts ordered a social worker to remove a minor child from the custody of his parents. Judges may order a removal for a myriad of reasons, including, but not limited to, suspicions of abuse or neglect on the part of the parent or unsafe living conditions. While most parents would be horrified at the thought of losing their children, a child custody order is considered legally binding and must be followed.

The female social worker was attacked by one or both parents when she attempted to remove the child from the home. She was left with a fractured skull, among other injuries. She lost her life in February 2018 as a result of the assault. Lawmakers are attempting to stiffen the penalties against people who try to physically interfere with social workers acting on behalf of the court.

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 Posted on May 04, 2018 in Property Division

There are a number of matters to settle during a divorce. This time can also be challenging emotionally, and some people struggle to deal with the details of divorce and the feelings that come up. Luckily, experts are more than willing to share their best strategies for family law topics like property division, and individuals in Illinois are welcomed to review the tips to see how they fit into their own marital dissolution plans.

For some, tax issues will come up during and after the divorce. During a marriage, both assets and debts are shared, so any tax liabilities from returns filed jointly will be the responsibility of both spouses, even if one spouse did not earn income. The IRS does have a type of relief called "innocent spouse" relief, so if a person believes that he or she should not be responsible for a tax debt, he or she can choose to file for this relief.

Having a team can help a person settle other matters of the divorce as well, and can encourage the person to ask the right questions and gather the proper information. Some people, once they become overwhelmed, feel tempted to go for the first offer during a divorce. However, this could let them lose out on assets and property that they deserve.

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 Posted on April 26, 2018 in Child Custody

In order to have parents and school officials on the same page, it can be helpful to share important family information. If the parents are divorced, and a child custody order is in place, sharing the order with the school can help prevent confusion. Illinois families typically create custody orders during a divorce, which set the guidelines for legal and physical custody. When the information is shared with the school, the parents can work with the school to ensure that the proper procedures are followed.

When a child enters a school at the beginning of the year with an order in place, the parents may want to take the extra step to inform the school. This way, the officials will know who to contact and when in case of an emergency. Also, if a parent or another individual is prohibited from seeing the child, he or she can be prevented from taking the child if it is not authorized.

Some schools take extra steps to protect students, like having guests sign in and be on an approved list before taking a child. Sometimes there is confusion as to whether a noncustodial parent can access the child's school records, whether the noncustodial parent is allowed to visit the child at school, or pick him or her up. By working with the courts through the custody order, these matters can be settled.

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 Posted on April 19, 2018 in Divorce

More and more people over 50 are deciding to end their marriages. Even as divorce numbers shrink for other age groups, people nearing retirement age are divorcing in rising numbers. When a person reaches retirement age, he or she will likely need a plan to provide for financial needs. A person in Illinois who is not familiar with the family finances may need to learn about retirement investments during and after the divorce process.

In many households, women tend to defer to men when it comes to financial planning and financial decisions. This practice is common in both Baby Boomer and Millennial marriages. In one study, 59 percent of divorced women reported regret at not taking a more active role in investment planning for retirement.

At the end of the marriage, individuals may get some surprises when it comes to retirement and finances. Not all of the surprises are bad. In fact, some learn about retirement plans they will benefit from of which they weren't previously aware. Others learn about hidden spending and hidden debt. In the survey, 94 percent of divorced or widowed women reported that they would have liked complete transparency about family finances from their spouse.

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 Posted on April 11, 2018 in Child Custody

Changing trends regarding parenting after divorce may soon be affecting laws in the state. Recently, a bill was introduced on the floor at the Illinois statehouse that asks for changes in how child custody is handled during divorce cases. The requested move will favor a co-parenting model instead of the more common one-parent guardianship that often happens in these types of cases.

The bill was introduced by a state representative. A hearing will be held on his proposal when lawmakers return to work next week. The co-parenting program that he is proposing has started to catch on in other jurisdictions. Recently, Kentucky enacted a similar law that gave both parents an equal stake during most custody proceedings.

Supporters and opponents have begun to speak out about the bill. Supporters are pleased to see a chance for equal parenting, citing studies that claim that children who remain close with both parents are better adjusted than those who only have an intimate relationship with one parent. Some groups fear the change will enable abusive or controlling spouses to continue to have an unhealthy hold on the family.

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 Posted on April 04, 2018 in Divorce

Some couples choose to rely on the help of outside professionals when the time comes to end the marriage. An objective outside observer can guide an individual going through an emotional breakup and also provide useful coping strategies. Some Illinois couples use a couples therapist as part of a complete divorce support team.

The role of the couples therapist is typically not to encourage or discourage the two parties to divorce, but instead the therapist creates a space and allows the individuals to reach their own conclusions. Some couples in therapy are certain that they will need to end the marriage, some are less so. Individuals who are parents will likely understand that co-parenting will require some type of relationship with the soon-to-be ex-spouse and will also try to work on making this relationship civil.

When couples understand that it is time to end the marriage, a therapist can assist them with issues about forgiveness and establishing new patterns. A therapist can also help untangle the lives of the two individuals and help them determine what their lives will look like post-divorce. Therapy is designed to help individuals reach closure.

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 Posted on March 28, 2018 in Divorce

A recent trend shows that many individuals see pets differently these days. In the past, if a couple was headed toward divorce, pets were treated as property and divided as such. These days, more divorces are being battled out over who will get custody of the family pet, who is often treated more like a family member and less like an object. Legal trends are evolving to reflect these behaviors. In Illinois, a person facing a pet custody dispute may wonder what the options are.

While the family dog has the top spot in pet custody battles, cats, horses and even snakes are also beloved by their families and sometimes will be contested during a marital dissolution. Lawyers across the country report that pet custody is a growing issue. Many state laws still treat the animal as property, like silverware or a painting. Courts typically do not look at the best interests of the pet, or who is more prepared to provide care to the creature.

If an individual faces a pet issue during divorce, he or she may wish to attempt to resolve the issue outside of court proceedings if at all possible. If a shared custody agreement is reached, it makes sense to create a detailed document similar to a child custody agreement that outlines responsibilities and scheduling. If the divorcing couple has children, the pet custody agreement could run parallel to the child custody agreement, so that the children may continue to have access to the pet and ease the transition.

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