Posted on July 08, 2025 in Adult Children and Divorce

Divorce later in life, often called "gray divorce," raises unique concerns. Older adults going through divorce typically face challenges related to retirement accounts, health care, Social Security benefits, and dividing assets after decades of marriage. Understanding how Illinois law applies to these situations can help you prepare for the legal process and protect your financial future, and our Kane County, IL gray divorce lawyers are here to help every step of the way. 

How Does the Illinois Divorce Process Begin?

To file for divorce in Illinois, one spouse must have lived in the state for at least 90 days according to the Illinois Marriage and Dissolution of Marriage Act. The divorce process begins when one spouse files a petition for dissolution of marriage in the circuit court of the county where either spouse resides. In Kane County, this typically means filing in the 16th Judicial Circuit Court located in Geneva.

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 Posted on June 27, 2025 in Divorce Over 50

When it becomes clear that your marriage is no longer working, it may be time to start thinking about divorce. Of course, every couple is unique, and it is up to you to decide how you want to go about ending yours. Some couples prefer handling things through a settlement, while others may turn to the courts to resolve outstanding issues. If you are not sure which route to pursue, an Illinois divorce attorney can review your situation and advise you of your options.

At Divorce Over 50 - Goostree Law Group, we know how complicated divorce past the age of 50 can be. If you are considering taking your spouse to court in your divorce, you should know the risks involved. Our family law attorneys can protect your best interests through skilled negotiation and litigation, making sure that your needs are not overlooked.

Is Your Divorce Contested or Uncontested?

A divorce is referred to as "contested" when there are points of disagreement about the terms of the divorce. As you might expect, an uncontested divorce refers to a divorce where both spouses agree on most issues.

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 Posted on June 08, 2025 in Divorce Over 50

 No matter how long your marriage lasted, divorcing over 50 can come with certain hurdles and complications. Before you file for divorce, you should anticipate how your life will change and plan accordingly. An Illinois divorce lawyer can provide you with representation and counsel to help you through these unique challenges.

At Divorce Over 50 - Goostree Law Group, we know how impactful a dissolution of marriage can be for older couples. Our lawyers are here to support you, advising you of what to expect during the legal proceedings and advocating for your rights. As skilled negotiators and litigators, we can tailor our approach to suit your needs.

Distinguishing Between Marital and Separate Property

If you and your spouse have been married for a long time, the lines between marital and separate property can become blurred. It may be difficult to prove that a piece of property belongs to you if it has been decades since you acquired it. At Divorce Over 50 - Goostree Law Group, we can help you look for documentation to help establish your rights to property.

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 Posted on May 28, 2025 in Retirement

Retirement is a significant milestone in most people’s lives. As you approach retirement, you may realize that your marriage has become insupportable. If you have been married to your spouse for a long time, divorce can complicate your plans for exiting the workforce. With the help of an Illinois gray divorce lawyer, you can strategize to protect your best interests.

The legal proceedings of a divorce may involve many different financial issues. At Divorce Over 50 - Goostree Law Group, we can support you with our deep legal insights and strong advocacy. Whether you decide to settle your divorce outside of court or you want to pursue litigation, our attorneys are here to help.

Is It Better to Keep the House or Sell It?

If you and your spouse both have an equal claim to the marital home, figuring out what to do with it can be difficult. You could weigh several options, such as:

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 Posted on May 07, 2025 in Prenuptial and Postnuptial Agreements

Divorcing over 50 can come with some understandable anxiety, especially if you have been married for a long time. If you have a prenuptial agreement in place, it could help to alleviate some of the uncertainty – but you may wonder, after many years of being married, does it still hold up? An Illinois gray divorce attorney can review your agreement and bring your attention to any potential issues.

At Divorce Over 50 - Goostree Law Group, we understand how important a prenup can be for your financial security. When you work with our firm, we will take a close look at the document and help you advocate for its validity in court if necessary.

Is Your Prenuptial Agreement Conscionable?

Illinois places a large emphasis on fairness in divorce. If a prenuptial agreement is grossly unfair to one party, the courts can choose not to enforce it even if the terms are technically legal. For an extreme example, if the prenup specified an 80/20 split of marital property, that could be considered unconscionable.

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 Posted on April 25, 2025 in Spousal Support

Divorcing after decades of marriage, commonly known as a gray divorce, can reshape your entire financial future. For many couples in their 50s, 60s, or beyond, divorce raises pressing questions about maintaining the lifestyle they built over years of shared effort. One of the most critical and often contentious issues in these long-term divorces is spousal maintenance.

For couples who have spent the majority of their adult lives together, the outcome of a maintenance decision can determine whether retirement plans will stay intact or need to be entirely reimagined. An Illinois gray divorce lawyer can help you understand how long-term maintenance is calculated while working to protect your financial interests during this pivotal time.

What Does Illinois Law Say About Long-Term Maintenance?

Illinois courts consider several factors when deciding whether to award maintenance and, if so, how much and for how long. In divorces where the marriage lasted 20 years or more, the law gives judges more flexibility to order longer or even indefinite maintenance.

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 Posted on April 09, 2025 in Asset Division

For many couples facing divorce later in life, the question is not just who gets what – it is what happens to the life you built together. At the center of that life is often the family home. Maybe it is where you raised your children, hosted holidays, or simply imagined growing old together. In a gray divorce, deciding what to do with the house can be an extremely emotional part of the process. While state law provides a framework for fairly dividing property, the outcome is heavily dependent on your specific circumstances. An Illinois family law attorney can help you understand your options and fight for what matters most to you.

What is Considered Marital Property?

In Illinois, most assets obtained while you were married are considered marital property, even if only one spouse's name is on the paperwork. This means that it is likely considered marital property unless you owned the home before the marriage or individually inherited it. Even when only one spouse initially buys the home, it may be classified as marital property if joint finances were used for mortgage payments, repairs, or renovations during the marriage.

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 Posted on March 25, 2025 in Divorce Over 50

Ending a marriage later in life comes with challenges that go beyond emotional stress. It can also reshape your finances, retirement plans, and overall well-being. After years or even decades of building a life together, separating finances, dividing assets, and planning for the future can feel overwhelming. A gray divorce often raises critical questions about retirement, healthcare, and long-term financial security. With legal guidance from an Illinois gray divorce lawyer, you can properly plan for a late-life divorce and protect your rights.

What Are the Unique Challenges of a Gray Divorce?

A gray divorce often involves issues that may not be as significant in a divorce between younger couples, including:

• Retirement savings and pensions: Dividing these funds can significantly impact both spouses’ financial futures.

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 Posted on March 11, 2025 in Asset Division

Divorcing later in life, often called a gray divorce, can be emotionally and financially overwhelming. While you may be focused on dividing assets and adjusting to a new future, updating your estate plan is also crucial. If something were to happen to you before your divorce is finalized, your current will may still benefit your soon-to-be ex-spouse. The good news is that in Illinois, you can change your will at any time, but there are important legal factors to consider. An experienced Illinois gray divorce lawyer can help you take the right steps to protect your assets.

Does Divorce Automatically Change My Will?

In Illinois, a divorce does not automatically revoke your will. However, under the Illinois Probate Act, if your spouse is a beneficiary or executor in your will, those provisions are revoked once the divorce is finalized. This means:

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 Posted on February 21, 2025 in Divorce Over 50

Divorce is always a major life change, but when it happens later in life, the financial impact can be even more profound. After decades of shared financial planning and splitting assets, adjusting to a single income can be daunting. Will your savings last? Will you need to downsize or delay retirement? These are among the common concerns for those navigating a gray divorce. Fortunately, you can take control of your future with strategic financial planning and the guidance of an Illinois gray divorce lawyer. 

How Does Divorce Affect Retirement Savings?

Retirement accounts are often among the most valuable assets that can be divided in a divorce. According to Illinois law, retirement savings acquired during the marriage are considered marital property and are subject to equitable distribution. This means that instead of being split evenly, they are divided based on what is fair, considering factors like each spouse’s income, earning potential, and financial need.

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