Tag Archives: DuPage County divorce lawyer

What Should Spouses Over the Age of 50 Expect During Divorce?

DuPage County grey divorce lawyerWhile getting a divorce at any age can be one of the most challenging life changes you will ever face, when you decide to get a divorce at age 50 or older, the situation can be even more complicated and difficult. How will your older sons and daughters react? What will happen with your retirement accounts? What about health insurance? How will you be able to start over at such an older age? There are many issues to consider, and that is the main reason finding an experienced divorce attorney is critical to your success.

Distinct Differences When Divorcing After 50

While many of the usual issues considered during divorce are also relevant to a divorce late in life, there are some actions that need to be approached differently or with extra caution when you are 50 or older. Major differences to take into account when divorcing after 50 include:

  • Development of an Asset Inventory: In many cases, only one spouse will have a comprehensive understanding of the marital assets possessed by a married couple. For the fairest results during a divorce, both sides must have an in-depth knowledge of their assets. After all, by 50, you and your spouse have probably been accumulating property for many years. This includes life insurance policies, retirement accounts, and the house.

  • Understanding of the Retirement Accounts: As you approach retirement age, you are going to want to have all your finances sorted out in such a way that your golden years remain golden. While you will not have the retirement you planned with your spouse, and you might not get everything you were expecting during retirement after the divorce, there are ways to fairly divide the assets in retirement accounts. When dividing these assets, a Qualified Domestic Relations Order (QDRO) should be used to avoid any penalties or taxes that would come with withdrawal of funds before reaching retirement age.

  • Ensuring Health Insurance Coverage: At your age, having good health is particularly important, so you will need to make sure you have coverage. If you are not yet qualified for Medicare, your options may be limited to using COBRA to stay on your spouse’s insurance until you find other solutions, insurance through your current employer (if you have one), or insurance through the Healthcare Marketplace. If you would prefer to stay on your spouse’s insurance indefinitely, a legal separation might be a preferable option instead of divorce.

  • Attainment or Maintenance of a Life Insurance Policy: You and your spouse are both not getting any younger. It is just as important—if not more important—to get life insurance policies figured out upon divorce as it is while married, especially if one spouse will be paying spousal maintenance or child support. While term life insurance is not taken into account during divorce, permanent life insurance is counted as a marital asset and must be dealt with as such. In particular, if you or your spouse do not already have a permanent life insurance policy, you or your spouse might want to ask for one in divorce to protect the rights to alimony, child support, and retirement/pension benefits if a spouse dies. If either spouse already has a permanent life insurance policy with the other spouse as the beneficiary, you are free to change the beneficiary of the policy, unless ordered otherwise by the judge in your case.

  • Deciding What to Do With the House: If you are not an empty-nester yet, you may want to continue living in your marital home after your divorce. However, you will need to be prepared for the day when your children leave the home. If you have no children at home, you may want to consider what you will end up doing with the house. Upkeep at your age can be both taxing and expensive, and if your house is not paid off, you may struggle with mortgage payments, property taxes, and other expenses.

  • Be Prepared for the Job Market If Necessary: As you approach retirement, getting a job can become much more difficult. If being divorced will put you in a financial position that will require you to get back onto the job market, do not be surprised to hear that you are “overqualified” or other rejections that might be related to your age. Conversely, if you feel at a disadvantage due to your lack of training or education, you may want to ask for your spouse to contribute toward your professional development. If your spouse agrees to spousal support that will help pay for your tuition at a local school, for instance, then you will be able to receive the necessary training to start a new job. This will make it much easier for you to manage the finances for yourself without your spouse.

Contact a Wheaton Grey Divorce Attorney

As you can see, there are many unique challenges facing people who wish to get divorced after the age of 50; however, you do not have to face this difficult decision on your own. Our DuPage County divorce lawyers can help you every step of the way, no matter how complicated your divorce gets due to the late stage in your life. For a free consultation, reach out to us at 630-871-1002.

Sources:

https://www.thebalance.com/divorce-after-50-5-things-to-consider-2388813

https://www.investopedia.com/personal-finance/mistakes-avoid-when-divorcing-over-50/

https://www.policygenius.com/life-insurance/how-does-life-insurance-work-during-a-divorce/

 

Tips for a Successful Collaborative Divorce in Illinois

Wheaton collaborative law attorneyWhile the divorce process can be difficult, some couples may be able to work together to end their marriage as amicably as possible. Collaborative divorce is an alternative dispute resolution process where spouses and their attorneys work together cooperatively to negotiate an equitable settlement. The focus is on problem-solving based on the couple’s individual and shared values without having to go to court. There are many benefits to a collaborative divorce, but it may not work for everyone. A couple needs to be willing to compromise on certain issues in order to make decisions without a judge getting involved.

Benefits of Collaborative Law

A collaborative divorce has many advantages, and the primary benefit is the ability to avoid going to court to resolve disputes through litigation. Some of the other benefits of using a collaborative form of divorce include:

  • It can save time and money.

  • Negotiations can be done in a casual setting.

  • It encourages an honest and open exchange of information.

  • It allows spouses to make decisions on post-divorce issues.

  • It allows spouses to negotiate an outcome that works for both of them.

Steps in Collaborative Proceedings

A collaborative divorce still requires professional legal help in order to finalize the dissolution of the marriage. In general, this type of divorce will proceed more quickly and is less stressful than a traditional litigated divorce, but it still involves a few necessary steps, such as:

  1. Each spouse hires his or her own attorney.

  2. Each spouse discusses his or her wishes with his or her attorney before negotiations begin.

  3. A “no court” agreement is signed by all parties that specifies that both attorneys will withdraw from the case in the event the case does go to court.

  4. Both spouses and their attorneys meet on a regular basis to determine how to resolve issues such as child support, spousal support, and asset division.

  5. Once a settlement is reached, the divorce papers are filed in family court, and a divorce decree is issued.

Working Together for the Best Possible Outcome

When using collaborative law to reach a divorce settlement, a couple may achieve success by following these tips:

  • Have faith in the process: Thoughtful negotiation will result in the best solutions for both parties, but it takes time. Be patient when trying to come to a resolution on issues such as parenting time, child support, spousal maintenance, and property division.

  • Willingness to cooperate: Consider your spouse’s perspective and respect his or her opinion, even if it differs from your own. Part of the process in a collaborative divorce involves compromising and giving up on some wishes/desires. For couples who have children, they should base their decisions on what is in the best interests of their kids.

  • Use professional resources: In addition to an attorney, other licensed professionals such as accountants/financial planners, therapists, and divorce coaches can help with different aspects of a divorce. For many people, the end of a marriage is a grieving process. These experts can provide the tools to process feelings of anger, sadness, and regret.

Contact a Wheaton, IL Divorce Lawyer

A divorce can be difficult, but it does not always have to be contentious. If two spouses mutually agree to part ways, the divorce process can be amicable. A knowledgeable DuPage County collaborative divorce attorney can assist you throughout the process so you can leave your marriage with a fair settlement. To schedule a complimentary consultation, call our office today at 630-871-1002.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59

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