Tag Archives: divorce process

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

 

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

 

Are “Virtual Divorces” Here to Stay in Illinois?

DuPage County virtual divorce attorneyCourtrooms across the nation, including in parts of Illinois, have begun improvising over the last few months as a result of Stay-at-Home orders. For instance, Bankruptcy Courts in the Northern District of Illinois are conducting most hearings through Zoom video conferences or telephone calls. Divorce is no different—more and more courtrooms are conducting “virtual divorce proceedings.” But what are the benefits and drawbacks of this new trend, and will it have staying power in divorce and family law? Maybe, maybe not; but it is worth considering as an option depending on a couple’s situation.

Pros of Virtual Divorces

Many people undergoing divorces have found that they actually appreciate virtual divorces for a variety of reasons, such as:

  • Convenience—The convenience of virtual divorces means they can do it anywhere they are comfortable, such as in their home. This allows them to focus on the divorce itself instead of being worried about all the tangential aspects of the experience. For example, they do not have to stress themselves out about the hustle-and-bustle of driving or parking downtown, or making their way through unfamiliar territory, be it different cities or intimidating courtrooms.

  • Less Anxiety/Improved Comfort Levels—Being able to divorce virtually means couples at odds do not need to face each other in person. This usually makes for a more comfortable and smooth divorce proceeding, not to mention it can eliminate courtroom drama and theatrics.

  • Urgent Divorce-Related Issues Stop Getting Delayed—At the beginning of the Illinois Stay-at-Home Order, people mostly kept rescheduling their divorce proceedings. However, now they can address important issues through a video conference or teleconference, provided it is what the judge ordains.

Cons of Virtual Divorces

Of course, virtual divorces may not be for everyone. There are various drawbacks to going through virtual divorces that might have very serious consequences depending on the case, including:

  • Major Privacy Concerns—If you are sitting beside your lawyer in a courtroom, it is easy to communicate with him or her without anyone else in the courtroom, including the opposing side, hearing what you are saying. You can whisper in each other’s ear, share notes, or even suggest conclusions based on body language. With video and teleconferencing, any attempts at a private consultation with your lawyer are impossible without a recess.

  • Other Communication Issues—Communication is key to any litigation, especially between a lawyer and the client. A spouse could start venting or rambling during the virtual divorce that could hurt his or her case. The dynamics of virtual divorces may inhibit traditional open communication, leaving both of you susceptible to unfavorable courtroom decisions.

  • Postponement or Cancellation of Divorce—Perhaps the judge will only hear your case by video or phone. Yet, both you and your spouse believe that your case needs to be heard in a courtroom in order to achieve the fairest results. Therefore, you might put off or even cancel the divorce entirely.

Will Virtual Divorces Last Beyond the “New Normal”?

Based on the aforementioned pros and cons, the best projection is that the future of divorce and family law cases will be a hybrid of virtual and in-person meetings, depending on both the circumstances as well as courtroom preference. For example, simple cases might be held virtually since certain courtrooms have grown accustomed to virtual technology, becoming more efficient by employing its use. Meanwhile, the more complicated cases may be handled in person to make sure that no mistakes are made and the fairest, most equitable determinations are declared.

Contact a DuPage County Divorce Lawyer

The Illinois stay-at-home order might have changed the process for divorces. Many people are choosing to complete the proceedings virtually. Regardless, it is important to still count on the assistance of a Wheaton, IL virtual divorce attorney to help get you through this challenging time. Contact Andrew Cores Family Law Group at 630-871-1002 for a free consultation. We are committed to obtaining a fair divorce settlement for you no matter how the courtroom changes in the future.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://abc7chicago.com/online-divorce-chicago-coronavirus-illinois-lawyer/6196449/

https://www.nytimes.com/2020/05/08/your-money/divorce-coronavirus-courts.html?auth=login-google