Posted on March 14, 2022 in Divorce

Divorce is a complex topic, and while every Illinois couple faces a unique set of challenges when getting divorced, those who get divorced after age 55 tend to share a common set of issues. Colloquially known as "gray divorce," divorces that happen later in life may not deal with some of the more challenging issues related to children but often present more difficult problems related to finances. Even if divorcing spouses are exiting the relationship on good terms, decades of financial entanglement often make gray divorce a complex process that requires the help of attorneys and financial experts. If you are considering a gray divorce in Illinois, here are some challenges you may want to anticipate.

Permanent or Indefinite Spousal Maintenance

After a couple has been married for 20 years or more, a court may award permanent alimony payments, especially if one spouse gave up significant career or educational opportunities to raise children and run a household. Spousal maintenance payments must be supported by a life insurance policy that lists the recipient as a beneficiary in case the paying spouse passes away first.

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 Posted on March 11, 2022 in Divorce

Divorce poses a particularly difficult set of challenges. Often spoken of as even more difficult than the death of a spouse, a divorce can divide an Illinois family, strain parental relationships with children, and put former spouses under great financial stress. Because divorce also involves separating from a life partner, feelings of loneliness and grief are very common - even if you are convinced that getting divorced was the right decision. While nothing but time can completely allow the hurt of divorce to heal over, here are four tips for moving past divorce more quickly.

Find a Great Therapist

Finding a therapist who works with your personality and therapy style can be difficult, especially if you are already down and not feeling very motivated. But a great therapist can be immensely helpful in processing feelings after a divorce. He or she can also help you recognize patterns of behavior in yourself that may have contributed to the breakdown of your marriage so you have a better chance of a healthy relationship next time you find someone special.

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 Posted on March 04, 2022 in Divorce

While most people feel some sense of sadness after divorce, others experience a profound sense of regret - not because they got divorced, but because of choices they made during the divorce. Divorce is one of the most difficult experiences a person can go through, and it understandably makes even the most patient and rational person have moments of unreasonableness. But while it can be tempting, and perhaps even justified, letting your anger or emotions get the best of you during divorce is a recipe for trouble. If you are going through an Illinois divorce right now, here are four mistakes to avoid for a better divorce now and a clearer conscience in the future.

Involving Your Children in Your Fights

Parents getting divorced have to settle difficult matters together, often during the time they get along least. Creating a parenting plan that details parental responsibilities and parenting time present a major challenge, especially when couples dislike each other strongly. However, the worst thing you could do during parenting plan negotiations is getting your children involved in your arguments with your spouse. They are not responsible for the divorce and they do not have the maturity or the understanding to appreciate what is really going on. Protect your children from conflict as much as possible, and you will look back knowing you did the right thing for them.

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 Posted on February 28, 2022 in Child Custody

Parenting is not easy under normal circumstances, but parenting during divorce tests the limits of even the most patient parents. Raising a child with a former spouse, especially if there are years of marital conflict preceding the divorce, is a very challenging endeavor. Recognizing this, parents getting divorced in Illinois are required to submit a detailed parenting plan for approval by an Illinois court. Here are three tips for getting the most out of your parenting plan.

Work Together

While the last thing you may want to do with your ex is sit down and discuss important aspects of your co-parenting future, the time and cooperation you invest in this process now can reward you for many years to come. Spouses who work together to create a parenting plan are more likely to be satisfied than spouses who wait and rely on a judge to create one for them. Even when it seems impossible, mediation can help high-conflict couples focus on specific issues to create a parenting plan that works for everyone.

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 Posted on February 24, 2022 in Asset Division

As the average age of marriage in Illinois increases, many couples are getting married and living in a home that one spouse already owns. Years later, when the couple gets divorced, determining whether the home is marital property can prove trickier than anticipated. If you are considering divorce in DuPage County, IL, and are curious about how your home may be treated in the asset division process, read on.

Is a Home Personal or Marital Property?

If one spouse already owned a home outright before the marriage, and the other spouse moved in once the marriage began, the home will likely be seen as the personal property of the spouse who previously owned it. Generally speaking, assets and debt that were owned by one spouse before a marriage remain the property of that spouse after a divorce.

However, this can get complicated if the other spouse helped pay for significant renovations or if the house was not owned in full when the marriage began. Even if one spouse never technically paid for the home because he or she was engaged in the full-time effort of raising children if the house was paid off using marital money (which is any money earned by either spouse during the marriage), at least part of the house will likely be seen as marital property.

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 Posted on February 22, 2022 in Alimony/Spousal Support

Economic partnership is an unromantic but critical part of marriage. The longer a couple is married, the more intertwined their finances become. Their standard of living is dependent on one another, especially if one spouse gave up career prospects to raise a family, and when one spouse earns significantly more than the other, divorce can be financially devastating.

Illinois law provides support for divorced spouses in the form of spousal support, also known as alimony or spousal maintenance. While spousal support is not awarded in every divorce, it is often given when one spouse needs time to get back on their feet financially. Sometimes a couple has been married for so long that a person’s age, lack of education, or lack of work history makes it virtually impossible for them to become financially independent. When this happens, an Illinois court may order permanent alimony.

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 Posted on February 16, 2022 in Mediation

It is no secret that getting a divorce is a difficult process that is often fraught with conflict. But even divorcing spouses who get along relatively well may still be interested in keeping the process as peaceful as possible. Whether you anticipate a hostile divorce or are on good terms with your spouse, alternative dispute resolution strategies can be helpful. In fact, very few divorces in Illinois go to court because alternative dispute resolution is so successful that it is often ordered by judges before a case can proceed to trial.

There are two major types of alternative dispute resolution when it comes to divorce: Mediation and collaborative divorce. While they share some similarities, knowing the difference between these two strategies can help you decide which one is right for you.

A Mediator is Not Necessarily an Attorney

During the mediation process, a mediator will help spouses prioritize, stay focused, and remain results-oriented. Mediators are trained professionals who are intimately familiar with Illinois divorce laws, and they are often but not always attorneys. Conversations during mediation meetings are confidential and have the goal of moving a couple closer towards divorce by creating a divorce agreement that both spouses find fair and which is likely to be approved by an Illinois judge.

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 Posted on February 11, 2022 in Child Support

Before major changes to Illinois’ child support laws in 2017, parents could calculate their child support obligations according to the paying parent’s income and how many minor children they had to support. Today, Illinois uses a new method called the “income shares” method. Parents getting divorced, as well as parents who are modifying an old child support order given before the change in the law, will have payments calculated according to both parents’ net incomes and parenting time allocation. If you are paying child support to more than one person, it is important to understand how the income shares method impacts you.

What Is Illinois’ Income Shares Method?

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 Posted on February 04, 2022 in Finances and Divorce

In an ideal world, love would be all we need to be happily married; in real life, financial conflict can lead to serious problems in a marriage. Whether one spouse refuses to live within their means, does not pursue gainful employment, or consistently fails to pay monthly bills on time, differences in financial behaviors and opinion about how to manage finances leads to many divorces in Illinois.

In some situations, the financial problems a couple faces may leave them contemplating bankruptcy as they are simultaneously filing for divorce. Understanding how divorce and bankruptcy can influence each other is essential for making wise decisions about your finances now and setting yourself up for success in the future.

Can We File for Divorce and Bankruptcy at the Same Time?

While a couple can technically file for divorce at the same time as they file for bankruptcy, bankruptcy is a federal process that will take precedence over divorce. A bankruptcy court may require a couple to finalize their debt problems before they finalize their divorce, which could delay the divorce and make it more difficult to address personal issues between spouses that may be causing the financial problems to begin with. An Illinois judge may allow the parts of the divorce that are unrelated to finances to move forward, but the final divorce decree will not be handed down until the bankruptcy is complete.

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 Posted on January 31, 2022 in Divorce

Many marriages in Illinois are ended either directly or indirectly through infidelity. When a spouse finds out their partner is cheating on them, they may feel an entire range of emotions, from surprise and anger to betrayal and confusion. One common question that spouses who have been cheated on have for their attorneys is whether they can pursue legal action against their cheating spouse or the spouse’s new partner. 

In previous years, the answer was yes. Illinois used to allow jilted spouses to pursue something known as “heartbalm torts”. Essentially, these were civil claims allowing a spouse to sue a third party for damages caused by infidelity. But in 2015, Illinois abolished these so-called “heartbalm torts.” However, if your partner’s infidelity contributed to the loss of marital funds before the divorce, or suggests they may be unfit for parental responsibilities, you may still be able to take action. 

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