Tag Archives: DuPage County divorce attorneys

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 Should I Do If I Suspect My Spouse of Dissipating Marital Assets?

DuPage County asset division attorneyIf you and your spouse are on the verge of divorce or have already filed for divorce, you may notice that your spouse is engaging in particularly unusual spending patterns. Be it gambling all the time, neglecting to pay certain bills, or spending exorbitant amounts of money on major purchases without your consent, your spouse might be dissipating marital assets. That is the legal term for when your spouse acts irresponsibly with your joint finances leading up to and during a divorce. Evidence of this dissipation of marital assets can be brought before the court to ensure that you are adequately compensated for any frivolous spending, thereby securing fair and equitable division of property and assets during the divorce. Below are some practical steps you can take if you suspect that your spouse is dissipating assets.

Steps to Take If You Suspect Dissipation

All is not lost if you think that your spouse is cheating you out of assets in real time. There are a few things you can do to protect yourself against dissipation of marital assets:

  1. Compile and analyze all statements from joint accounts. Before you can even move forward with any further action in regards to marital asset dissipation, you need to determine whether your concerns are legitimate enough to spend the time and resources on researching the facts and then arguing your case in court. You need to be particularly perceptive. For example, in reviewing these statements, you should:

    • Compare statements from prior months and years. Is there anything unusual or otherwise different about items in recent statements?

    • Be aware that more salacious spending tends to show up on bank and credit card statements as very generic company names. If you notice thousands of dollars spent at “General Store, Inc.” or the like, that could be a fake name to hide where the money is actually being spent.

  2. Keep in mind all the typical traits of marital asset dissipation spending. For instance, as you review the bank and credit card statements, consider the following:

    • The spending patterns must be unusual or out of the ordinary, showing a deviation from the norm relative to prior months and years. One-off expenses may not justify your case; the spending needs to be consistent and substantial.

    • The expenses must be significant or otherwise exorbitant. Even if your spouse has spent more money than usual on a particular product or service, if it is not a sizable amount of money, then it will be difficult to make your case.

    • Finally, the spending is more often than not frivolous, meaning it is not a necessity for daily living, unrequired for the marriage and family, and most likely unauthorized by you.

  3. Engage the assistance of an attorney and a forensic accountant. The forensic accountant will meticulously search for unauthorized, unnecessary, and irresponsible spending. Odds are even if you have proof of dissipation, the forensic accountant will find even more evidence to bolster your argument. Your lawyer will know how best to advise you and successfully present your case in light of these findings.

Contact a DuPage County Divorce Lawyer

Always be aware of you and your spouse’s spending, especially when on the brink of divorce or going through a divorce. In many cases, a spouse might spend irresponsibly or neglect to pay bills out of spite. If you need guidance about these and other divorce issues, contact a skilled Wheaton, IL asset dissipation attorney. The Andrew Cores Family Law Group will help you figure out the appropriate strategy to either put an end to such frivolous spending and make sure you receive your fair share in the divorce settlement. Call our office today at 630-871-1002 for a free consultation.

Sources:

https://www.forbes.com/sites/jefflanders/2016/11/01/what-is-dissipation-of-assets-in-divorce-and-what-if-anything-can-you-do-about-it/#cf39c4c3ec01

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

 

What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm