Category Archives: Illinois Law

Why Are So Many Older People Getting Divorces These Days?

DuPage County gray divorce attorneyWhile the major story with regards to divorce statistics in recent years is the fact that in most age segments, especially the Millennial Generation, divorce rates are on the decline (which should not be that much of a surprise given that marriage rates are also on the decline for this age group). But possibly an even more interesting and multifaceted development is the huge spike in gray divorces, or divorces for those over the age of 50, many of which can be very complex divorces due to the large variety and amounts of assets, properties, and debts amassed through the years. Here are some of the reasons for the increase in gray divorces.

5 Primary Reasons for the Increase in Gray Divorces

Over the last two decades, there have been twice as many gray divorces as there were in the past. This doubling of gray divorce rates suggests a trend. Here are some of the most common reasons that so many people over the age of 50 are getting divorced:

  1. Less Stigma—These older generations have seen a dramatic shift in the way divorce is viewed by both society and religious organizations. Whereas in prior decades, divorce might have branded you as an outcast or someone who did not have the fortitude or fidelity to “make it work” in regards to your marriage. These days, you will probably hear someone say, “Good for them,” upon hearing of a couple’s divorce. That is because overall, everyone is much more accepting of divorce, especially due to the many negative consequences of failing marriages.

  2. More Self-Sufficient Financial Stability—Men and women alike, and women, in particular, have seen tremendous financial and professional growth over the last several decades. This means both spouses feel more comfortable divorcing each other because the possible financial woes and self-sufficiency anxieties might be lessened by such personal economic stability and good fortune.

  3. Increased Longevity—People are living longer, so naturally with more people alive in the twilight of their years, there are going to be more divorces. However, it is not just the fact that more people are alive in the older population to get divorces. Many spouses think about the possibility of 30 or 40 more years together and cringe at the thought of being with that same person all that time. In many cases, they realize that they want to live life on their own and not be tied down any longer.

  4. Empty-Nesting Is Too Empty—With kids, marriage might have transformed from something romantic to something parental, meaning everything about the marriage ended up centering around the well-being of the children and nothing else. Once those kids are adults and have moved out of the house, the married couple really no longer has as much to talk about, and they realize that reigniting the flame they once had before becoming parents is near impossible.

  5. Heightened Desire for Self-Fulfillment—Now that people are living longer and marital roles are less clearly defined, many older people seek ways to fulfill themselves outside of their marriage. And if their marriage leaves much to be desired, having been built on a narrow marital role and centered around parenting, then seeking satisfaction elsewhere is all the more likely. In other words, one’s spouse might be a hindrance to achieving fulfillment and independence.

Contact a DuPage County Divorce Attorney

Gray divorces have increased in recent years for a variety of reasons. The knowledgeable team at Andrew Cores Family Law Group can help guide you through the divorce process as you get a divorce at any age, even over the age of 50. If you find yourself in need of such a divorce, reach out to a Wheaton, IL gray divorce lawyer at 630-871-1002 for a free consultation.

Sources:

https://www.marketwatch.com/story/your-failing-marriage-is-about-to-make-the-retirement-crisis-worse-2017-03-13

https://thriveglobal.com/stories/four-reasons-for-rise-in-gray-divorce/

https://theweek.com/articles/772106/why-are-many-baby-boomers-getting-divorced

 

What Are Signs It Might Be Time to Petition for Primary Child Custody?

DuPage Count divorce attorney child custody order modificationAfter your divorce, if certain circumstances change with regards to your co-parent, you might want to consider the modification of child custody orders. However, doing something like petitioning for sole custody of your children or significantly altering parenting timechild visitation rights, allocation of parental responsibilities, or parenting plans can often be a contentious and complex legal issue. You need to be sure you have a strong case to request such modifications. Below are some signs it might be time for you to request modifications of child custody orders or other orders pertinent to parenting.

5 Warning Indicators That Child Custody Modification Is a Good Idea

While many indications that you might need to assume sole custody of your children are more obvious than others, there are still plenty of warning signs—both blatant and subtle—that now might be the right time to take legal action. Overall, the most important thing to consider with any order modifications related to your kids is whether making such changes will be in your children’s best interests. Here are some of the most significant reasons to seek such modifications:

  1. You suspect your co-parent is abusing your children, be it physically, sexually, or in any other way that causes harm to them. In most cases, if your children are found to be in immediate harm’s way, this will expedite such modification orders.

  2. Your co-parent has been convicted of a crime that will prevent him or her from fulfilling parental obligations. If the co-parent is sentenced to prison time, then obviously changes will need to be made to the child custody orders. These will usually be uncontested since there is really not any argument the co-parent can make against most of these modifications.

  3. Your co-parent has a substance abuse or other behavioral problem that prevents him or her from upholding parental responsibilities. For instance, if your co-parent now has a drug addiction that puts your children in jeopardy or prevents your co-parent from parenting properly and safely, then the children need to be taken out of that situation. In addition, if your co-parent enters an alcohol or drug rehabilitation program, then the orders will also need to change.

  4. Your co-parent violates the court orders set in place for your shared parenting objectives. Especially if done repeatedly, lack of compliance with court orders and refusal to adhere to the guidelines set forth in your divorce agreement and original child custody orders might mean that the other co-parent needs to be excised from your children’s care for negligence and non-compliance.

  5. If any other circumstances change in your co-parent’s life that could significantly affect your children’s best interests, then modification of child custody orders might be necessary. Possible other examples of this include your co-parent’s relocation to a different state, making agreed-upon visitation rights/parenting time and frequencies impossible to achieve. Also, a change in your co-parent’s environment may make it increasingly difficult for your children to have their needs met when under the co-parent’s care.

Contact a Wheaton, IL Child Custody Order Modification Lawyer

If any of the aforementioned scenarios describe your current circumstances with your co-parent—or if anything your co-parent is currently doing might not be in your children’s best interests, you have the right to seek modification orders for child custody/allocation of parental responsibilities, visitation rights/parenting time, or any other number of parenting concerns. To do this, contact a DuPage County family law attorney at 630-871-1002 for a free consultation. The compassionate professionals at Andrew Cores Family Law Group will develop, file, and argue the appropriate modification orders to safeguard your children’s well-being.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.womenslaw.org/laws/general/custody/changing-final-custody-order

 

How Will Remarriage Affect My Divorce Agreement in Illinois?

DuPage County divorce attorney spousal supportIf you have kids from a prior marriage, then you know that the divorce proceedings are hardly the last time you will hear from your former spouse. There are all sorts of things that you two must continue to work through, especially if your children are under the age of 18, including child supportparenting timeparental responsibilitiesspousal support, and much more. But how will this change if you decide to remarry? Will your new spouse be responsible for any of the parental responsibilities or child support? How will spousal support change? While at one time there was a clear-cut answer to all of these questions, in recent years, there is much more gray area when making some of these determinations in Illinois. The following is a look at how remarriage can change things after your divorce.

Remarriage and Its Impact on Divorce Obligations

With regards to spousal maintenance, the following is true in Illinois:

  • The recipient of spousal support immediately stops receiving spousal support payments the moment that he or she remarries or begins cohabitating in a romantic/conjugal relationship. The receiving spouse is required to immediately notify the spouse who is providing the support payments.

  • The spouse providing the support must continue providing that support if he or she gets remarried.

In terms of child support, things can get even trickier:

  • In recent years, the Illinois courts have been more deliberative on child support issues, considering it on a case-by-case basis. For example, the remarriage could result in the spouse providing child support having significantly more disposable income due to the comingling of funds with the new spouse. This can be taken into consideration should the recipient of the child support payments request a modification of parental responsibility orders to change the child support payment amount.

  • Overall, either spouse can request any modifications to the divorce agreement, including child support and spousal support orders, should the remarriage affect the fair and equitable decisions agreed upon through the divorce process. These orders can also alter the divorce agreement in such a way as to reallocate parental time or responsibilities in addition to finances should the two former spouses mutually agree to such changes.

Contact a Wheaton, IL Divorce Modification Attorney

You might think that remarriage is none of your former spouse’s business, but the truth is remarrying could impact your divorce agreement in ways you might not have anticipated. In cases when you think it might be necessary to modify your divorce decree due to your former spouse’s remarriage, consider speaking with a skilled DuPage County divorce lawyer. The compassionate professionals at Andrew Cores Family Law Group can help make sure you and your ex-spouse can reach a fair and equitable compromise. Call our office today at 630-871-1002 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.kiplinger.com/article/retirement/T065-C032-S014-getting-remarried-5-financial-steps-to-take-first.html

https://money.usnews.com/money/personal-finance/articles/financial-considerations-for-remarriage