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For the past three decades, divorce rates have been on the decline for nearly every group of Americans. However, senior citizens, or those over the age of 65, are now twice as likely to divorce today than they were 30 years ago. The reasons for this phenomenon are varied, but the potential consequences can be dire. Thankfully, you can still protect yourself in a later-life divorce (dubbed the grey divorce). Learn more in the following sections.
When couples save for their retirement, they are planning on having one set of bills and living expenses. Divorce requires the parties to divide whatever assets they may have; this includes any retirement accounts and the family home. With less money to go around and two separate sets of expenses, both parties may be at an increased risk for financial issues as they head into their retirement, and with little to no working years left, they may be unable to recover.
The marital home is often one of the more valuable assets that couples must divide during a divorce. In addition, there may be other types of real estate involved (rental properties, vacation homes, commercial buildings, etc.). Learn how most types of real estate are handled and divided in divorce by reading the following sections. You will also discover how a seasoned lawyer can help to protect your interests along the way.
Properties must be valued before they can be divided. There are three basic methods that parties may use: tax assessed value, market analysis, and appraisal. Know and understand the potential drawbacks and benefits of using each method and choose the one that best fits your situation. Also, since arguments and disagreements are common, consider hiring your own appraiser if you and your spouse settle on the third and final option. It is also important to remember that any real estate tied to a business may have a more complex valuation process. Discuss the matter with your attorney to learn more.
Divorce can be difficult for children at any time of the year, but the holidays tend to be especially trying. Thankfully, parents can usually mitigate much of the stress, simply by being loving, responsible parents. Need some tangible solutions for your family? Try these tips for keeping everyone (yes, even your ex) happy during the holiday season.
Children should never have to make sacrifices for their parents. Instead, it should be the parents making sacrifices for the sake of their kids. Whether it is giving up time with them to allow time with your ex’s family or simply avoiding altercations and arguments when your spouse is being combative, putting in extra effort can go a long way toward ensuring your child feels both happy and loved during this holiday season. Just be sure to avoid the martyr syndrome; your child does not need to know the efforts you have made. Instead, simply let them reap the reward.
Divorce can be a financially and emotionally trying process, even in the best of circumstances. What is more, if you are unprepared for the process, divorce could have a lasting effect on your health, sanity, and financial stability. Take proactive steps and these practical tips that can make your Illinois divorce more bearable.
While the emotional aspects of divorce cannot be overlooked or ignored, they can get in the way when dealing with matters related to your children and finances. Anger and resentment can cause you to decline fair offers, and you may even find yourself using your child as a bargaining chip, despite your best efforts. Avoid such issues through compartmentalization. Handle emotions in a healthy way, outside of negotiations. Journal, find a support system, and if necessary, attend therapy or counseling. When it comes time to negotiate, focus on what is best for you, your child, and your future, rather than how you feel.
Couples spend months or years dating before they decide to marry. Yet, when it comes to divorce, parties sometimes make rash decisions, opting to end their marriage before fully thinking it through. It is only when they are buried by the grief and cost that regret starts to surface. By then, it may be too late to undo the damage. Do not let this happen to you. Stop and answer these five questions before you file the paperwork for your Illinois divorce.
Divorce is not the answer to every solution. Sometimes, couples simply need to reconnect, forgive, or make wants and needs clear to one another. Money issues, which can escalate stress levels and cause couples to argue more often, may simply need to be weathered until they pass.
In contrast, there are things that cannot be fixed with time, empathy, or patience. Abuse, infidelity, contempt, and irreconcilable differences (i.e. varying views on religion or parenting techniques) are just a few examples. Determine where you fall on the spectrum by considering if life would improve if you divorced, and clarify in what ways it would improve. Making your decision in this way reduces the risk of regret as you move forward with the process.
When a child's parents decide to divorce, they must determine who will have decision-making power over certain aspects of their child’s life, such as where they will go to school or church. This component of a parenting plan, now known as the allocation of parental rights (formerly known as custody) is made based on the best interests of the child. Learn more about this phrase and its meaning in the following sections, and discover how a seasoned family law attorney can help you with developing a sound and comprehensive parenting plan to fit your family’s needs.
In the simplest of terms, the best interest of a child is the standard that the courts used to make parenting plan determinations. It assesses what might be “best” for the child, based on their needs. Studies have consistently shown that children tend to fare best after a divorce when they have the continued support and connection with both parents, so several states have made a 50-50 parenting plan the default. In all other states, a variety of factors are used to determine how parental responsibilities should be allocated between the divorcing parties.
Aside from the family home, retirement accounts are typically one of the more valuable assets in a couple’s marital estate. When dealing with one in divorce, the valuation must be accurate and the division process must be exacting. Otherwise, the parties may be subject to lengthy delays, severe tax penalties, and a significant decrease in the overall value of their final settlement. Thankfully, all of these issues can be avoided, so long as the parties are educated about the process and have proper guidance from seasoned, competent financial and legal professionals.
Though it is rare, it is possible for a retirement pension plan to be excluded from the marital estate. One example would be if the contributing party started the account prior to the marriage and has not made a contribution since that time. Contributing parties who wish to keep their retirement account intact may also choose to “buy out” their spouse by offering up other marital assets in lieu of a cut from the pension plan (i.e. trading the family home for the retirement plan).
While any divorce can be complex, emotional, and acrimonious, few cases escalate quite as severely or quickly as those that involve the narcissist. Manipulative, charismatic, and calculating, they will do almost anything to “get even” with the spouse that wants to divorce them. Learn how to manage such a situation, and discover how our seasoned lawyers can help protect both you and your children during your Illinois divorce.
Any divorce can become costly, especially when the divorcing parties struggle to find common ground. When it comes to the narcissist, there is no common ground; there is only retaliation and manipulation. As such, anyone divorcing a narcissist should plan for a costly and lengthy divorce. The narcissist spouse may also attempt to freeze or stop all funds.
Start saving for armageddon now and you can avoid a lot of financial stress once you do start the divorce process. Just be certain to divulge to your attorney that you have stored money away for your own protection. Armed with that knowledge, they can add those funds to the pool of assets to be divided in the divorce without you being at risk for “stealing” assets.
When married parents decide to divorce, they must develop a parenting plan that addresses both the allocation of parental rights (formerly known as child custody) and parenting time (formerly known as visitation). The details of that plan are used to draft a legal document that is then registered with the courts.
Once entered, parenting plans are considered a legally binding agreement between the two parents; failure to comply could result in severe and costly consequences. As such, it is critical that divorcing couples fully understand the differences, limitations, and nuances of both parenting plan components. Learn more with help from the following sections.
The allocation of parental rights determines the amount of decision-making power that a parent has in their child’s life, particularly when it comes to “hot button” issues like education, medical care, and religious practices. It is important to note that a parent does not lose their right to have a say in their child’s life if they do not receive an equal or greater allocation. Instead, the other parent simply has the “final say,” and they are able to make smaller, day-to-day decisions without having to consult the other parent.
According to studies on divorce, children tend to adjust best when they have the continued love and support of both parents. While many divorcing couples understand this and strive to ensure that the child has time and a connection with both parties, some struggle to find common ground. In such a scenario, the courts may be forced to decide where the child will live and go to school, but what happens between the filing of paperwork and the finalization of divorce?
Divorce can bring out the worst in people. Not only do they have to completely rearrange their lives, but they are also dealing with a perceived loss, which can lead to feelings of grief. If unmanaged, grief can lead to feelings of anger and resentment toward one’s spouse. Those emotions can be further amplified if one feels that their spouse is responsible for the divorce, or is trying to “take the child away.” There are other scenarios that can create strife in a divorce as well, such as a party feeling like they are losing their child, or that they are not getting enough time with them.
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