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Recent Blog Posts

Are Trusts Divided in an Illinois Divorce?

 Posted on March 08, 2024 in Divorce

IL divorce lawyerA common divorce topic is that of the division of marital assets that needs to be carried out within the framework of a divorce settlement. Things that are generally included under the category of marital assets include joint bank accounts, properties that the couple accumulated, and investments that the couple contributed to throughout their marriage. If a trust was created by or on behalf of either spouse during their marriage, this would also be included as something to be divided in a divorce. If there is a trust in your or your spouse’s name and you want to understand how it will be handled in an upcoming divorce, speak with a Kendall County, IL asset division attorney to find out more.

What Is a Trust?

There are different types of trusts, and they can be worth different values, but a trust is essentially a legal entity created to hold and maintain assets placed in it on behalf of named beneficiaries. Before proceeding, you need to determine how the trust in question is classified, meaning whether it is considered a marital or nonmarital asset. This is generally determined based on when it was established, but a knowledgeable attorney can review the specifics of your trust and help you proceed.

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What Happens to My Social Security in an Illinois Divorce?

 Posted on February 22, 2024 in Divorce

IL divorce lawyerFor as long as you worked, you have been paying a percentage of your monthly earnings towards your Social Security funds. In the back of your mind, you always knew you could count on benefiting from that money after years of hard work once you finally retired. But if you are nearing retirement and about to begin divorce proceedings, you might be concerned that your Social Security benefits might be affected. If you can relate to any of the above, you should speak with a knowledgeable Wheaton, IL divorce lawyer who can set your mind at ease.

Your Social Security Check Is Yours and Yours Alone

Social Security is not subject to equitable distribution of marital assets in the state of Illinois. Each person is entitled to the full amount of their own Social Security benefits regardless of whether they are going through a divorce.

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Tips for Getting Remarried in Your Sixties

 Posted on February 09, 2024 in Divorce

IL family lawyerIf you have already been married and divorced, you may be wary of making the same mistakes again. However, this should not stop you from pursuing love and getting your “happily ever after”. For people getting remarried later in life, there are several practical tips to help you avoid some common pitfalls. An experienced Kendall County, IL divorce lawyer can give you detailed information and help you forge the right path for you.

Tip 1: Be Honest and Transparent

You and your future spouse should be honest with each other about your finances. If either of you has accumulated debt, it is important to share it rather than hide it. If either of you has amassed significant assets, this is something to share as well. A strong marriage is built on a foundation of trust, and you and your future spouse will only be able to fully trust each other if you are sure you are both being honest, even when the truth might be hard. If you find that transparency about your financial reality leads you to break up, many people would agree that this would be helpful information before the wedding.

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What Should a 50-Year-Old Victim of Domestic Violence Do?

 Posted on January 25, 2024 in Divorce

Wheaton Gray Divorce LawyerFor some reason, people generally think that domestic violence is mostly an issue for young couples in their twenties and thirties. Unfortunately, it is not unique to any one age group and is common among older couples too. The problem is that people can be less likely to leave an abusive relationship once they reach a certain age, for various reasons. If you are near retirement age and considering divorcing an abusive spouse, a DuPage County divorce lawyer can guide you through the process with sensitivity and respect.

What Should I Do if I Am Worried for My Immediate Safety?

If you are in the State of Illinois and at risk of being harmed by your spouse, you can be granted an Emergency Order of Protection (EOP). This is another term for an immediate and temporary restraining order. The victim/complainant’s testimony is enough for an EOP to be granted; the accused abuser does not even need to be there.

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I Am in My Fifties and Caught My Spouse Cheating. What Can I Do?

 Posted on January 11, 2024 in Divorce

Wheaton Divorce Over 50 LawyerSince all people are unique, and all couples have their own unique dynamics, there are also many unique reasons for divorce. But there are also some more typical reasons why some marriages end. One quite common reason is infidelity. This can break a couple whether they are newly married or have been together for decades, whether they are young or nearing retirement. If you are in your fifties or older and your spouse cheated on you, an experienced Kendall County, IL, divorce attorney can help you navigate this challenging time and plan your path forward.

Grounds for Divorce in Illinois

The State of Illinois is a “no-fault” state. The only ground for divorce recognized by the Illinois courts is the broad topic known as “irreconcilable differences.” Specific scenarios that could show how one spouse is to blame for ending the marriage are not taken into account when the court wants to determine if there are sufficient grounds for divorce. Instead, the court can accept a claim that the couple has irreconcilable differences that can not reasonably be resolved, and it will then dissolve the marriage. Even though infidelity will not have an impact on the grounds for divorce, it could influence other issues that need to be resolved in a divorce settlement.

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Gray Divorce in Unique Families in Illinois

 Posted on December 20, 2023 in Divorce

DuPage County gray divorce lawyerAnytime a couple gets divorced, there are several issues they need to work out. Some divorces can be more complicated than others, depending on the circumstances. Some couples split amicably and can agree on everything they need to settle. Some couples need the court to intervene so that any settlements can be reached. Some divorces only involve 2 spouses splitting up, and both work full-time and have brought equal assets to the marriage. Some divorces involve children of various ages, possibly from different marriages. If the couple is over a certain age, they may need for the couple to figure out their retirement as well as their children’s college education. If you are considering gray divorce and are confused about how your unusual family dynamics might impact the proceedings, a knowledgeable DuPage County, IL gray divorce attorney can answer your questions and create a plan to protect your rights and interests.

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Important Things to Know When Embarking on Gray Divorce

 Posted on December 12, 2023 in Divorce

dupage county gray divorce lawyerWhile any divorce can be complicated, divorce for people a bit older and later in life can be even more so. This topic of divorce even has its own special name, “gray divorce.” When people get divorced later in life, there are some unique challenges as well as some reasons why it’s actually easier than getting divorced when you are younger. One of the main reasons why it can be more complicated is because an older couple will generally have more financial assets to figure out how to divide amongst themselves. While younger couples may need to figure out complicated things like child custody, a gray divorce settlement will determine how the ex-spouses’ retirements might look. If you are over fifty years old and divorce might be in the cards for you, an experienced DuPage County, IL, gray divorce lawyer will clear up some confusion and set you up for success in your divorce settlement.

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Will Gray Divorce Ruin My Retirement?

 Posted on November 21, 2023 in Uncategorized

Wheaton Gray Divorce LawyerOnce people reach their sixties, they know that their working years are almost over. If they have worked and put away money every month to plan for their retirement, it can feel like they are about to be rewarded for their many years of hard work. However, everyone has different retirement plans: some people work for large companies and are offered packages that include a matching program (the company deposits the same amount into a fund as the employee every month) and stock options, while other people might only have a 401K.

In some cases, one spouse is given a generous retirement package by their employee and the other spouse is not, and the couple might decide to depend on that one plan for their shared future. This arrangement works for many couples, but what happens if a couple gets a divorce? If you find yourself wondering whether you are better off staying in an unhappy marriage to ensure a comfortable retirement, a DuPage County divorce attorney can have an honest conversation and help get you the answers you need to make an informed decision.

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Can I Get Divorced if My Spouse Has Dementia?

 Posted on November 10, 2023 in Divorce

Wheaton Divorce LawyerIllnesses that cause memory loss and cognitive decline, such as dementia, Alzheimer’s Disease, and others, affect many Americans. While it is more common to occur after the age of 70, younger people can be afflicted as well. These diseases take a heavy toll on everyone involved, whether you have the disease yourself or a loved one does. The ways they affect someone cognitively can make it seem like your spouse is not the person you fell in love with and married. 

Gray divorce, or divorce when the spouses are 50 years old or older, can have its own set of complications because the couple is typically separating after a long marriage and may have amassed more assets - or debts - than a younger couple. When one of the spouses has dementia, it can make it even more difficult to navigate. If your spouse has dementia and you are considering divorce, an experienced DuPage County, IL divorce attorney can answer your questions with sensitivity and protect your rights compassionately. 

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What Should I Know About Gray Divorce in Illinois?

 Posted on October 20, 2023 in Divorce

Kane County gray divorce lawyerCommonly known as “gray divorce,” when a couple in their fifties or older goes through a divorce, many issues come up that are unique to their specific situation. These couples are generally married for longer than younger couples and are either nearing or already into their retirement years. The financial implications of a gray divorce can be more complicated and very different from those of a divorce for a younger couple. Suppose you are in your fifties or older and considering divorce but do not know where to begin. In that case, an experienced DuPage County, IL divorce lawyer can help clear up some of the confusion and explain how you can help protect your financial future.

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