Recent Blog Posts
Understanding Why Older Couples Choose Grey Divorce
Grey divorce, also known as Silver Splitter or Diamond Divorcees, refers to the older “grey-haired” couples who decide to file for divorce after being in long-term marriages. According to the Pew Research Center, a study conducted by the National Center for Health Statistics and U.S. Census Bureau found that for every 1,000 married couples aged 50 and over, 10 of them ended in divorce. Grey divorce entails many issues a traditional divorce carries, such as the division of marital property and assets and spousal maintenance, but is unlikely to include the allocation of parental responsibilities or child support.
Tips for Surviving the Holidays After a Divorce
Going through a divorce is tough, but going through a divorce during the holidays can add to the hurt.
If this is your first holiday season since separating from your spouse, it is natural to feel lonely and sad. It is important to not let these emotions control you and prevent you from enjoying the holidays. Here are a few tips and tricks to help you maintain your mental health and manage your stress throughout the holidays:
- Take It One Day at a Time: It is only natural to want to rush through a time in your life that you would rather not be present for. Remain focused on the here and now, and take each holiday as it comes.
- Do Not Skip Out on Spending Time with Family and Friends: As much as you want to spend time alone, your family and friends are your support system and people you should lean on during this hard time. If an invite is offered, take it.
Top Ten Things You Should Never Do During a Divorce
Divorce is a common challenge that people face in their lives. According to the Illinois Department of Public Health, 75,131 couples got married, while 26,132 got divorced in 2016. Tensions run high, and it is easy to find yourself doing or saying things that can cause additional issues. Listed below are the top ten things you should steer clear of doing during your divorce:
- Do Not Post on Social Media: Nothing is private on the internet. Avoid Facebook, Twitter, Instagram, and any other social media outlet during your divorce, as anything and everything can be used as evidence against you.
Filing an Uncontested Divorce in Illinois
Contrary to what you see in movies and television shows, settling your divorce case in court is almost always a last resort. Illinois courts highly encourage couples to try to make decisions pertaining to their divorce on their own without outside intervention. Not only does that save you time and money, but it also allows you to keep the control in your hands and enables you to decide your own future. Some couples have tried to avoid going to court and are unable to come to their own resolutions, but most couples see the benefit of settling their divorce outside of court or filing for an uncontested divorce.
What is an Uncontested Divorce?
Almost all divorces contain the same issues that must be settled before the divorce can be completed. These issues include:
What Are My Options if My Ex Does Not Pay Child Support?
Child support is relevant in any case involving a child whose parents are not married or in a relationship. Many times, the parent who takes care of the child a majority of the time will receive child support and use it to help cover some of the costs associated with raising a child, like clothes, food, healthcare, and schooling or extracurricular expenses. Both the courts and the Illinois Department of Children and Family Services (DCFS) can issue orders requiring a parent to make support payments, but that does not always mean that the parent will obey. Unpaid child support can be frustrating for the parent who relies on it and can spell out serious trouble for the parent who will not pay. Fortunately, there are things you can do if your ex is not paying the child support that he or she is required to pay.
How to Have a Happy and Successful Step-Family
It is not uncommon for people to get remarried after they have ended their first marriage. Remarriage is a second chance at happiness for many people. When you get remarried, you often bring many things with you from your previous life, including your children. Creating a blended family can be extremely rewarding, but it comes with its challenges. Remarriage itself can be difficult, but you can overcome its challenges by preemptively planning your future with a skilled family law lawyer. Here are a few tips on how to create a successful and happy blended family:
- Help Your Children Adjust to the Changes: There are a lot of changes that come when you create a blended family. For children, these changes can be difficult, but there are things that you can do to help them adjust to their new family. When it comes to helping your own children, you should remind them that they are still loved and valued. You should also make sure they have access to their other parent. Allow your stepchildren to set the pace of the relationship; it can often take years for everyone to feel comfortable in a blended family.
How are College Expenses Handled During a Divorce?
College is not cheap. Since the 1980s, college tuition costs have risen more than 200 percent for public universities across the country, making covering the expense of higher education more difficult than ever. Because of this, young adults are living with their parents longer than any generation prior to them. For parents getting a divorce, paying for their children’s college education can be a point of contention during the divorce negotiations. Fortunately, Illinois law has included provisions in the Marriage and Dissolution of Marriage Act (IMDMA) on how post-secondary education expenses are distributed between parents.
Covering the Costs
The IMDMA allows courts to allocate costs to either or both parents based on a variety of factors. The judge can order that property allocated to either spouse during the asset division process be used to pay for post-secondary education, either now or when the time comes. Child support payments can also be extended beyond when the child turns 18 for the purpose of paying for college. A variety of things can be included in college costs, as long as the costs are accrued before the child’s 23rd birthday, or in some cases, the child’s 25th birthday. These costs can include:
Exploring the Reasons to Get a Postnuptial Agreement
Almost everyone has heard of a prenuptial agreement. Most of what many people know comes from movies or television shows portraying a woman marrying a wealthy man and signing a prenuptial agreement to protect his riches. Prenuptial agreements and postnuptial agreements come from the same family of legal documents and can do just about the same things. Both agreements can dictate which property is and is not marital property, how that property will be divided in the event of a divorce and the terms of spousal maintenance, among other things. The thing that differs between a prenuptial and postnuptial agreement is when the agreement is signed. A prenuptial agreement is signed before the wedding and a postnuptial agreement is signed after the wedding. Here are a couple of situations in which you may want to consider getting a postnuptial agreement:
How to Keep Your Illinois Divorce Costs as Low as Possible
Nothing in this world is free and that holds true for a divorce. The estimates available for the average cost of getting a divorce differ greatly depending on the source. Some sources state you can get a “do-it-yourself” divorce for a couple of hundred dollars, while other sources state that a litigated divorce can cost upwards of $100,000. Certain things can affect the cost of a divorce, such as the type of divorce you get, where you live, the retainer cost for your attorney and your attorney’s hourly rate. The cost of getting a divorce can seem daunting, but there are some things you can do to help keep those costs down.
- Choose the Right Type of Divorce for Your Situation: When it comes to divorce, you have a few options. You can choose between a traditional litigated divorce, a mediated divorce or a collaborative divorce. Typically, the most expensive type of divorce is a litigated one and can cost you big time when it comes to court costs, filing fees, and attorney rates. If you and your spouse are willing to work together with one person who is knowledgeable of family law, a mediated divorce might work, which reduces the cost of two attorneys to one. If you and your spouse are somewhat contentious but you do not want to litigate the divorce, a collaborative divorce might work for you.
Can a Parent’s Mental Health Impact Parenting Time in Illinois?
According to the National Alliance on Mental Illness (NAMI), one out of every five American adults will experience a mental illness at some point in their lives and nearly 10 million adults live with a chronic and serious mental illness. Mental illnesses can vary greatly when it comes to the severity and how they affect your life. Having a mental illness can mean you have schizophrenia, bipolar disorder, an eating disorder or even post-traumatic stress disorder. By far, the most common mental illnesses are depression, which affects around seven percent of adults, and anxiety disorders, which affect around 18.1 percent of adults.
When it comes to divorce, mental illness can definitely play a part in how the divorce is hashed out. Depending on the type and severity of the mental illness, it can even affect things such as parenting time and parental responsibilities in a divorce.