Posted on October 08,2024 in Divorce

Divorce is challenging at any age, but divorcing later in life can bring unique difficulties when it comes to maintaining relationships with loved ones. Also known as gray divorce, this type of separation disrupts family dynamics and may make it harder for grandparents to stay connected with grandchildren. Preserving this bond can quickly become complicated due to family conflicts or changes in living arrangements. An experienced Illinois divorce attorney can help you proactively address these challenges and understand your legal rights. 

Are Grandparents’ Visitation Rights Protected in Illinois?

In Illinois, there are some options for grandparents seeking visitation. The state’s Marriage and Dissolution of Marriage Act allows grandparents to appeal for visitation rights in certain situations. These rights can be pursued if the child’s parents are divorced or if there is evidence that not having contact with a grandparent is harmful to the child’s well-being. However, it is important to keep in mind that the court will prioritize the child's best interests and respect parental rights. Understanding these nuances is crucial for upholding a meaningful relationship with your grandchildren.

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 Posted on September 26,2024 in Divorce

The term "estate" can bring to mind a sprawling mansion, a large investment portfolio, a private jet, and more. But the simple truth is that if you own anything, it is legally considered your estate. Things like an apartment, car, bank account, life insurance, and furniture are included in your estate.

As you age, you may start thinking about what parts of your estate you would like to leave behind, and to whom, when you die. If you are getting a divorce when you are 50 or older, you likely have an estate plan in place, and probably want to change it if the main beneficiary is your ex-spouse. 

Speak with an experienced DuPage County, IL gray divorce lawyer to get help with every aspect of your divorce,  including reminders for other important areas of your life, such as estate planning, that need attention as a result of the divorce. 

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 Posted on September 12,2024 in Divorce

People can decide to get a divorce at any age. Sometimes, when older individuals make this decision, one of the spouses is dealing with a serious physical illness. Perhaps you and your wife considered divorce before she got sick. If you stayed to help manage her healthcare but it has been an issue for a long time, you might feel like your life is taking a back seat to the spouse you already planned on leaving. Or maybe your husband has treated you horribly for years and you are finally ready to end the marriage. If he suddenly gets diagnosed with a critical illness, it does not change how you feel about him and being married to him.

However, serious illness can complicate divorce in several ways. There are unique considerations regarding things like the division of assets, insurance, and alimony in this type of situation. If you are considering divorcing your spouse who is very sick, contact an experienced Naperville, IL divorce lawyer who can handle your case with compassion, sensitivity, and reliability.

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 Posted on August 22,2024 in Divorce

The chances of developing illnesses like dementia or Alzheimer’s that cause cognitive decline increase with age. When people lose their memory and cognitive functioning, their personalities change too. Patients often feel a great deal of confusion, which can make them angry and lash out at those around them. Staying married to someone who no longer acts like the person you met decades ago can be extremely challenging. However, it can be legally and emotionally complicated to get a divorce in that situation. This article will offer tips for navigating this transition. If you are feeling conflicted about divorcing your spouse who suffers from dementia, speak with an experienced Kane County, IL divorce lawyer to understand your options.

Emotional Toll of Dementia on Marriage and Divorce

Your spouse’s dementia can take an enormous emotional toll on you and your relationship. People sometimes feel guilty about seeking a divorce from a spouse suffering from dementia. If you were unhappy in your marriage, the development of cognitive issues should not make you feel forced into staying. Remaining married will not improve your spouse’s health. You can still help him after the divorce and ensure he gets the medical care he needs, but staying in the marriage could make you more resentful and less willing to sacrifice your time and resources for him.

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 Posted on August 14,2024 in Divorce

Divorce can be tough at any age, but when it happens later in life—often called "gray divorce"—it can come with its own set of challenges. If you are an older adult going through a divorce in Illinois, it is important to understand the emotional and social effects it can have on you. To learn more, speak with an experienced DuPage County, IL gray divorce lawyer who has guided others through this unique process.

Emotional Challenges of Gray Divorce

Divorce later in life is becoming much more common. As the number of people getting divorced in their fifties and older increases, society is becoming more aware of the unique emotional aspects of this type of divorce. A breakup at any age can be painful, and divorce can always come with feelings of loss, confusion, disappointment, and anger.

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 Posted on July 25,2024 in Divorce

Retirement accounts and pension plans are often among the largest marital assets divided in a divorce. This is especially true in gray divorces, which usually happen after retirement benefits have had more time to accrue in value. IRAs, 401(K)s, 403(b)s, and defined-benefit pension plans are all examples of financial assets that are commonly divided between spouses who divorce after 50.

However, dividing retirement funds is often a complicated legal process, especially considering that Illinois is an equitable distribution state. This means that Illinois courts divide marital assets fairly, not equally. The changes in a retirement fund’s value also add to the complication of dividing the asset. Divorcing couples are encouraged to create a property division agreement on their own, and may be ordered to attend mediation to facilitate that effort. If negotiation and mediation fail, Illinois law leaves property division largely up to the judge, which is why it is important to have a sharp Illinois gray divorce attorney representing you in court.

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 Posted on July 10,2024 in Divorce

Divorce is known to deeply affect children. Parents who get divorced are often advised to enroll their kids in family counseling to help them deal with such a life-changing event. Research shows that children sometimes go through behavioral changes and perform differently at school when their parents decide to end their marriage.

Less research has been done, however, on how divorce affects adult children. When parents who are over 50 get divorced, their adult children are usually expected to deal with it on their own. Adult children are also not as major a factor in their parents’ divorce as minor children are. There are no child custody or child support disputes over adult kids.

This article will discuss a few ways you can help your adult children cope if you are going through a gray divorce. To find out more, consult an Illinois gray divorce attorney who can provide you with appropriate resources.

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 Posted on June 30,2024 in Divorce

For spouses who get divorced in their 50s or later, single life can come as a shock. One of the reasons for this is that single life often has a higher cost of living compared to married life when spouses split expenses and support each other. In addition, spouses going through a divorce in their 50s or later may be retired or might have left the workforce long ago.

When one partner needs financial help after a divorce, the court will sometimes order the other spouse to pay alimony, or what the law calls spousal support. Spouses who go through a gray divorce are more likely to qualify for lifetime alimony, which this article will discuss. If you want to know whether you are eligible for lifetime spousal support in your gray divorce, consult an Illinois gray divorce lawyer.

Who Qualifies for Lifetime Alimony?

It is not that common for a court to order a spouse to pay alimony indefinitely. It is usually granted in cases where:

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 Posted on June 10,2024 in Divorce

Even as divorce rates among younger generations are slowly declining, studies show that gray divorces are on the rise. Boomers, or those born between 1946 and 1964, are getting divorced more than ever before. Those 65 and older are divorcing at higher rates than any other age group. Gray divorces among that demographic more than tripled between 1990 and 2021.

What is driving this surge in gray divorces? An experienced gray divorce attorney in Illinois can tell you a variety of reasons why people 50 and older get divorced, five of which will be discussed in this article.

Mid-Life Crises

Mid-life crises most commonly happen among people between 40 and 60. A mid-life crisis is a period of emotional turmoil and confusion about self-identity. It often happens when a person feels inadequate or feels that life has passed him or her by. This can result in:

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 Posted on May 26,2024 in Divorce

Many issues come up during the divorce process, but some of those issues are more pronounced when a couple is in their 50s or over. Dividing marital assets, for example, is often more complex in a gray divorce because the parties usually have more wealth to be divided.

Similarly, debt is also divided in a divorce. In a gray divorce, the debt can sometimes be lighter than in a regular divorce if the couple is able to pay off their obligations over the years. Many couples are able to pay off their mortgages by their 60s, for instance. In other cases, however, the debt may be larger if the couple has taken on more financial obligations.

Either way, dividing debt can be a complicated procedure in a gray divorce, which is why you should seek a gray divorce attorney to handle the process for you.

What Debt Is Divided in a Divorce?

Under Illinois law, debt is divided in a divorce if it fulfills the following criteria:

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