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Recent Blog Posts

Do I Share My Spouse’s Debt in a Gray Divorce?

 Posted on May 26, 2024 in Divorce

Geneva, IL grey divorce lawyerMany 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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3 Tips to Adjust to Life After a Gray Divorce in Illinois

 Posted on May 17, 2024 in Divorce

Wheaton, IL divorce after 50 lawyerGetting divorced after 50 comes with a unique set of challenges. There are more finances to divide, adult children to consider, and inheritances to protect. But life after a gray divorce can be just as difficult as life before, if not more so. Starting over is easier when you are in earlier stages of life, but it can get harder as age increases.

Hiring the right Illinois attorney can be a game-changer. A lawyer who has experience with gray divorce will not only be able to help you with the divorce process but can also assist you with beginning your post-divorce life. 

Why Is it Harder to Adjust After a Gray Divorce?

Life after divorce in the 20s or 30s is in many ways still familiar to former spouses. Children still need raising, careers are still blooming, and savings still need growing. But life after divorce in your 50s or later is more challenging for several reasons:

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3 Ways a Postnuptial Can Help in a Gray Divorce

 Posted on April 26, 2024 in Divorce

Kendall County, IL gray divorce lawyerA divorce where the spouses are in their fifties or older is called a “gray divorce.” A gray divorce can present different challenges than divorces that occur in earlier life stages. For example:

  • In gray divorces, spouses are likely to have accumulated more wealth than younger couples.

  • Couples in their fifties or older are closer to retirement.

  • Children of spouses who get divorced in their fifties or later are older and have different needs than those born to younger parents.

A postnuptial agreement is a great way for people getting a gray divorce to protect their assets and their children. This article will discuss what a postnuptial agreement is and three ways it can help in a gray divorce.

If you are considering a gray divorce in Illinois, consult with a qualified attorney who can walk you through the unique issues that may arise.

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Do I Need a Divorce Coach in a Gray Divorce?

 Posted on April 10, 2024 in Divorce

Wheaton, IL divorce over 50 lawyerGetting a divorce in Illinois can be a complicated legal process that upends the lives of both parties. This is especially true in a gray divorce, which involves spouses who are in their 50s or older. Gray divorces can require more planning and legal considerations, which is why it is important to work with an Illinois attorney who is experienced in gray divorce.

Couples going through a gray divorce should also think about working with a certified divorce coach. The various financial and emotional factors that are unique to a gray divorce can be made smoother and simpler by a divorce coach.

This article will explain what a divorce coach is and why hiring a divorce coach can be helpful in a gray divorce.

What is a Certified Divorce Coach?

If divorce can be compared to childbirth, you might think of a divorce attorney as the physician who delivers the baby, while a divorce coach is like a doula. Divorce coaches are certified by the American Bar Association and are trained to not just assist with the legal process but also to help manage the emotional toll that often comes with a divorce.

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Common Motivations for Illinois Gray Divorce Explained

 Posted on March 23, 2024 in Divorce

IL divorce lawyerDivorce can be a challenging process to go through no matter what stage of life you are in at the time. Since every single married couple has a unique dynamic based on the personalities and backgrounds of the spouses and their experiences together, every divorce is unique as well. But keeping that in mind, there are some categories of divorce, and the couples in those categories tend to share various aspects.

That is certainly the case with gray divorce, or divorce for a couple who are in their fifties or older. There are, of course, many variables in the category: some couples at that stage in life might not have children, some might have one child, and some might have many children and even grandchildren by the time they consider divorce. In some couples, both spouses worked for the majority of their adult life, and in some, only one did. But all of them will either be approaching their retirement or already retired, and that can have a major influence on the divorce. If you are considering divorce and you are close to retirement age, speak with an experienced DuPage County, IL gray divorce attorney to find out more.

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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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