Posted on December 00,0000 in DuPage County divorce lawyer

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 December 00,0000 in DuPage County divorce lawyer

The relationship between a child and his or her parents is something that is crucial to the healthy emotional development of the child. The majority of parents want to be there for their child’s special moments and spend as much time with them as possible during their childhood. When parents are going through a divorce, the time spent with their child often becomes a highly contested issue upon which many parents cannot easily agree. Studies show that children do best when they form a bond with both their mother and father, which is why Illinois encourages parents to have shared parenting time. Something that is known as the right of first refusal (ROFR) can be a bonus for parents who split parenting time with their ex-spouses.

Illinois Parenting Time

In Illinois, the court strongly encourages parents to come to an agreement on parenting time schedules on their own. When parents both draft a personalized timetable and agree to it, they are more likely to adhere to the schedule. If they are unable to come up with a parenting plan, the court will make a decision as to how parenting time is allocated. Unless there is evidence that dual parenting time would be harmful to the child, the court will award visitation time to both parents.

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 Posted on December 00,0000 in DuPage County divorce lawyer

The idea of planning for your divorce before you are even married can seem counterintuitive to many, unromantic to some, and just plain wrong to others. While nobody wants to admit it, the prospect of getting divorced is a very real one. Depending on the source, the divorce rate in the United States fluctuates between 40 and 50 percent. Although prenuptial agreements may still hold a negative stigma, they are becoming more popular than ever, for a couple of reasons. For one, the average age of marriage has increased dramatically from what it was just a couple of decades ago. People who are older tend to be more established and have more assets and property that they want to protect. If you are thinking about getting a prenuptial agreement, the following are a few ways it can benefit you and your spouse:

You Get to Choose How Your Property Is Divided

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 Posted on December 00,0000 in DuPage County divorce lawyer

Now known as the allocation of parental responsibilities, child custody can be one of the most contentious issues in a divorce. Even if you and your spouse agree on how you want to divide your property and debts, you may clash when it comes to deciding how parenting time and significant decision-making responsibilities will be allocated. Although you and your spouse may never want to speak to each other again, you will always share a common bond--your child. Determining how your child will spend time with each parent and what decision-making rights each parent will have for the child can be a daunting task. Below are some of the most frequently asked questions about the allocation of parental responsibilities in Illinois.

How Will Decisions About Parental Responsibilities Be Made?

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 Posted on December 00,0000 in DuPage County divorce lawyer

All divorces have the potential to be complex, but when a couple has a high net worth, the proceedings tend to be even more complicated than normal. For couples who have an abundance of property or assets that are worth a lot of money, the divorce process will involve more decisions. Issues such as property division, spousal maintenance, and child support may be handled differently. People who have a high net worth can greatly benefit from a skilled divorce attorney who has experience dealing with high-value assets to help them figure out the best options for their situation. If you are involved in a high-net-worth divorce, here are a few things you should keep in mind:

1. High-Net-Worth Divorces Are Often More Contentious

When it comes to divorces that deal with high-value assets, it is much more likely for couples to be combative, especially when dealing with property division. When spouses have many assets, especially assets that are expensive, it can be even more difficult to figure out who gets what. It may be necessary to hire an appraiser to determine the value of any large assets or property such as real estate, businesses, vehicles, boats, jewelry, artwork, or other expensive items.

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 Posted on December 00,0000 in DuPage County divorce lawyer

With kids getting out of school and the weather warming up, June marks the unofficial start to summer. For many people, this means more time for family bonding and vacations, but for families with divorced parents, it can be a stressful time of adjustment. Having a child and being divorced means there is typically a set schedule specifying when a child will be with which parent, but that same timetable during the school year will not necessarily work over summer break. In order to make your and your child’s summer as carefree as possible, here are a few tips for successful co-parenting during the summertime months:

1. Plan Ahead and Communicate

The key to minimal conflict is to plan your summer in advance as much as possible and keep your ex-spouse in the loop. Try to talk with your ex beforehand and come up with a plan of how you would like to split parenting time during the summer. If you decide to play it by ear, be sure to let your co-parent know of any vacations that you plan on taking or any other activities in which your child will be participating.

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 Posted on December 00,0000 in Child Custody

When you are going through the divorce process, there are issues in which you and your soon-to-be ex-spouse may not be able to come to an agreement. Child custody is often one of the most contentious and fought over issues in a divorce. Because of this, some couples are forced to appear before a judge so that he or she can make determinations about parenting time and decision-making responsibilities. In some cases, a judge may need more information in order to make an informed decision in the best interest of the child. This is when the judge will request that a custody evaluation be conducted.

The Evaluation Process

Once the court has requested that an evaluation be completed, an evaluator is hired. The evaluator is often a licensed mental health professional, such as a psychologist. Depending on the circumstances, the evaluation can be focused on the parents, the child or both. The job of the evaluator is to gain an understanding of the relationships and interactions between the parents, the child and any other family members in the household. To do this, the evaluator may:

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 Posted on December 00,0000 in Life After Divorce

Whether you are just starting the divorce process or you are in the middle of a months-long divorce, it’s no secret that it can be hard on everyone. For many people, the only information they have about divorce is what they have heard from family or friends who have gone through it, or what they have seen on TV or in movies. Divorce brings with it a slew of uncertainties that even the most planned out divorces can bring. The divorce process is different for everyone, but here are a few things you may not know about divorce: You Will Probably Experience the Grief Process Losing a relationship from your life is a lot like losing a person from your life. Many people going through a divorce find that the healing process is very similar to that of the grieving process -- though it is not so much of a surprise. It is only natural for you to grieve the loss of your relationship, but going through the grief process can help you move on with your life. Your Children Will Definitely Be Affected Many divorcing parents wonder if their divorce will affect their children. While the perfect answer would be no, the divorce will almost certainly affect your children, even younger ones. There is no way to tell how a child will react to news of a divorce, but as a parent, it is your job to make sure your child develops healthy coping mechanisms. A divorce does not mean your child will be emotionally scarred for life -- most children are usually happier after. It is Going to Cost You Money It has been said that the average wedding these days costs anywhere from $20,000 to $30,000. Sadly, you could end up spending that much on divorce, too. While there is no “average” cost for a divorce, they can become costly very quickly. The total cost of a divorce will depend on the type of divorce you are getting, where your life if you are using an attorney and how amicable you and your spouse are. All Divorces Were Not Created Equally Many people think the only way to get a divorce is to hire attorneys and fight it over in court. In reality, there are a handful of ways you can go about getting a divorce. You could go with a traditional litigated divorce, a mediated divorce, a collaborative divorce or even a do-it-yourself divorce. Each type has its own advantages and disadvantages, so it can be worth it to do your research before you begin the process. Consult with a Knowledgeable DuPage County Divorce Lawyer

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 Posted on December 00,0000 in Divorce

Getting a divorce -- or dissolution of marriage, as it is called in Illinois -- means the marriage between you and your spouse will be legally terminated. One your divorce case is approved by a judge and he or she has given you a Judgement of Dissolution of Marriage, both you and your former spouse will be free to remarry and can resume your former name, if applicable. Getting a divorce can be a very long and complicated legal process, so it is important to understand the basics before you begin the process.

Filing the Petition

To officially begin the divorce process, you must first file a Petition for Dissolution of Marriage in the circuit court of the county in which either you or your spouse resides. To file this petition, either you or your spouse must be a resident of Illinois for at least 90 days and you must be able to prove that you and your spouse have irreconcilable differences. Once the petition is filed, a copy of the petition will be served to your spouse.

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 Posted on December 00,0000 in DuPage County divorce lawyer

In Illinois divorces, it is not uncommon for child support or spousal support to be awarded to the appropriate parties. A support order of either type is a legally binding court order, meaning failure to pay can result in severe consequences. The state of Illinois understands that many families rely on these support payments in order to provide for themselves and their children. Because of this, failure to pay child support or spousal support is taken very seriously.

What Constitutes Failure to Support?

According to the Illinois Non-Support Punishment Act, failure to support can occur in a few different ways. If a person commits any of the following actions, they can be held in contempt of court:

• Willfully, and without any lawful excuse, refusing to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance.

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