Even couples who have spent years locked in holy matrimony can one day have a change of heart. Gray divorce, which refers to divorce over the age of 50, has been on the rise since 1990 and looks to continue that trend well into 2030. This is in large part due to longer life expectancies. Couples of any age looking to divorce should speak with an experienced attorney.

What is Gray Divorce?

Gray divorce is the trend of older couples in long-term marriages who wish to divorce. The couples are usually in their 50s, 60s, or older, and researchers attribute it to a generational divide where the value of marriage differs.

Reason 1: Divorce Stigma

The stigma surrounding divorce is not as prevalent as it once was. Women have more autonomy now, and those who are not so happy within their current relationship are stepping out on their own. Sometimes, older couples simply fall out of love but stay together for the children or because they feel an obligation to the bonds of marriage.

Divorce, whether contested or uncontested, can be overwhelming and complicated. The best thing you can do is prepare for it properly. Your attorney will require a few documents to represent you in the best way possible. Having everything readily available is a good idea to help move the process along faster. However, you may also want to consider a few things before you decide to file for divorce.

Before You File For Divorce

If reconciliation is possible, it may be in your best interest to first seek out a marriage counselor to see what can be salvaged. A divorce is final and should only be seen as a point of no return. Following that, get yourself a skilled lawyer experienced in a divorce of your caliber—someone who can handle high-asset divorce, high-conflict divorce, or maybe even collaborative law if applicable.

You will want to decide whether fighting for your marital home is crucial. Living in the same home with the person you are ending a marriage with may not be in either of your best interests. Figure out if making other living arrangements during the divorce process would not be wiser.

In a nutshell, the discovery process is the investigation phase that follows the filing of divorce or allocation of parental responsibilities. It provides both parties with full transparency of information that neither side may be privy to. Both parties must exchange information about finances, asset values, debts, and other important aspects of the case. A battle-hardened attorney with experience in contested divorce cases is a strong weapon to wield in these situations.

5 Methods of Discovery

The discovery process uncovers evidence and proof for divorcing couples to use in contested issues. There are five methods that an attorney can use for discovery:

• Request for Admissions
• Subpoena Duces Tecum
• Depositions
• Request for Production
• Interrogatories

An attorney may use one or all of these methods in an attempt to uncover the truth of specific issues on behalf of their client. They will request information from you that they will review and submit to the opposing party. The more information provided, the better the case will look, allowing your attorney to set realistic expectations for your case.

It is illegal to hide assets when initiating a marriage and during the divorce process. Thankfully, there are many things you can do to sniff out hidden assets and ensure that you receive a fair settlement. You should take quick action to protect your financial interests following a divorce. The best course of action is to talk to an experienced divorce attorney. One who can help you develop a plan to find potential hidden assets and provide evidence of your findings to the court.

What are Hidden Assets?

The simple answer would be that hidden assets are any possessions, money, or other financial benefits that one spouse tries to hide from the other.

When divorcing couples cannot agree on how to divide their assets, the court steps in and decides based on different factors. But some people try to hide or get rid of their assets so their soon-to-be ex-spouse cannot get them in the division. These hidden assets can have a significant impact on how the property is split relatively in the divorce.

Social media can be a great way to stay connected with friends and family, but it can also be a source of conflict during a divorce. For example, if you and your spouse are still friends on social media, you may see posts that make you feel jealous, angry, or hurt. This can make it difficult to move on from the divorce and start to heal.

For anyone concerned about how social media may affect your pending divorce, it is important to speak with an experienced divorce attorney. They can help you understand your rights and options, and they can advise you on how to use social media responsibly throughout the divorce process.

How Can Social Media Be Used Negatively?

Divorce attorneys often search social media for evidence that can be used in court. So if your spouse is posting pictures of themselves on vacation with a new partner, this could be used as evidence of asset dissipation. Or, if your spouse is posting about their new job and salary, this could be used to calculate alimony payments.

When a couple gets divorced, one of the most important issues to address is the division of property. The court will consider several factors when making this determination, including:

• The length of the marriage

• The contributions of each spouse to the acquisition, maintenance, and improvement of the property

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Technology and social media have significantly impacted entertainment, with content creation focusing on family life and children. However, scandals and lawsuits have led to a new law in Illinois requiring parents to compensate their children for their roles on family vlogging channels or other forms of social media. This occurrence raises questions about family law, child labor, and the ethics of family vlogging.

To navigate the unchartered waters of social media and child influencers, a family law attorney can help draft formal agreements regarding pay and keep you informed as this law changes over time.

Is It Worth It to Have Your Child on Social Media?

Social media is an impactful career with a lot of buzz. Children and parents often see the glitz and glamor but not the trouble and major impact behind the scenes. Children have a lot to worry about already, like the following: 

Divorce is a complex process, and navigating it is never simple. But luckily, there are a few common errors that you can avoid to make things much easier. Knowing and preventing these mistakes can significantly benefit you.

Not Preparing

One of the biggest mistakes in the divorce process is failing to prepare appropriately. Researching and gathering all the necessary documents allows you to build a solid plan. Here are some steps you can take to solidify that plan: 

• Collect financial records

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A prenuptial agreement, which is commonly referred to as a prenup, is a legal contract that will be signed before a couple gets married, and it can provide protection to a spouse who is entering a marriage with significant assets. Similarly, a postnuptial agreement, also called a postnup, may be created at any point during a couple’s marriage, and it may be used to protect the interests of both spouses following changes in a couple’s financial situation. These agreements can specify how a couple’s assets and debts will be divided between the parties in the event of divorce or a spouse’s death. They may also address other financial issues, such as whether either party will receive spousal support following a divorce or separation and how ownership of property will be handled during a couple’s marriage.

The Importance of an Enforceable Marital Agreement

It is crucial to ensure that prenups or postnups will be enforceable, since this will help couples avoid potential disputes during a divorce. To make sure your agreement stands up in court if challenged, there are several key factors to consider:

1. Full Disclosure: 

Both parties must provide full and accurate disclosure of their assets and liabilities at the time the agreement is made. Either person may choose to waive their right to receive a financial disclosure from the other party, but they must do so in writing. Failing to disclose all relevant financial information can render an agreement unenforceable.

Members of the military often face special challenges when they are involved in a family law case like a divorce or child custody case. They may not be able to be present in court if they are deployed or stationed far away. The SCRA was developed to protect military members from the disadvantages they face in civil court actions. As the act applies in all civil cases, family law proceedings can be impacted by the rules it establishes. Military members may need to be accommodated by the court so that they can participate in any hearings held and be a part of the decision-making process. Without this act, the parent or spouse who does not serve in the military would have a substantial and unfair advantage. If you are in the military and are involved in a family law case in the state of Illinois, The Law Office of George J. Skuros can help ensure that you receive the full protections available under the act. 

How the SCRA Can Affect Your Divorce or Custody Case

If you are a service member on active duty, it is important to know about the legal protections afforded to you under the SCRA. Facts you should know about how this important piece of legislation include: 

It is not uncommon for there to be some acrimonious feelings parents may have towards each other as they are going through a divorce. However, it is critical for the sake of their children that the parents quickly work through these emotions in order to minimize the impact they can have on how well the children adjust. Unfortunately, there are some cases where one of the parents is unable to work through these feelings and they can intensify to the point where they do everything they can to turn the children against the other parent. This is referred to as parental alienation syndrome (PAS).

What Is Parental Alienation Syndrome?

PAS is a complex and distressing phenomenon where one parent manipulates a child's feelings, perceptions, and behaviors toward the targeted parent. It involves a systematic and intentional effort to undermine the child's relationship with the targeted parent, often resulting in emotional estrangement and, in severe cases, complete rejection.

These behaviors can include negative comments, derogatory remarks, false accusations, and manipulation of information. The alienating parent may attempt to poison the child's mind, implant false memories, or engage in gatekeeping, thereby obstructing the child's access to the targeted parent. Over time, the child may develop a strong aversion or hostility towards the targeted parent, even in the absence of any valid reasons.

Paternity is the legal recognition of the father-child relationship. Establishing paternity is essential for determining the rights and responsibilities of both the father and the child. Paternity can have significant implications in various aspects of family law, including the allocation of parental responsibilities, parenting time, and child support.

How to Legally Establish Paternity 

If a married couple has a child, the husband is presumed to be the child's father, and paternity is established automatically. However, for unmarried couples, paternity must be established in one of several ways. Establishing paternity has significant benefits for the father, the mother, and the child.

Voluntary Acknowledgement of Paternity in Illinois

If both parents agree on who the child's father is, establishing paternity is easy. Couples can sign a Voluntary Acknowledgement of Paternity (VAP) form, which is available in hospitals and local health departments. Both parents must sign the form.

Divorce cases involving children can often become contentious. The parents may have vastly different ideas about what is best for their children and how custody arrangements should be handled. In some divorce cases, parents make allegations of neglect or abuse against each other, further complicating the matter.

Illinois judges want to ensure that parental responsibilities and parenting time arrangements are established based on what is in the child's best interests. In order to do this, a child representative may be assigned to a divorce or family law case.

What is a Child Representative in Illinois?

Child representatives are attorneys appointed to represent a child in a legal case. Just as an attorney would have an attorney-client relationship with an adult, a child representative has an attorney-client relationship with the child and represents the child during the legal proceeding.

Mental health has never been a more crucial issue than it is now. The rates of depression, anxiety, and other mental health conditions have skyrocketed in recent years. If you or your child's other parent struggles with a mental health condition, you may have questions about how mental health evaluations are used during Illinois child custody cases.

Mental health evaluations are sometimes used to help the court make an informed decision in a custody dispute. Either parent can request a mental health evaluation of the other parent, or the judge may require a parent to undergo psychological testing. Read on to learn about how and when these types of tests are ordered and how the results can influence child custody matters.

When is Psychological Testing Required?

The Centers for Disease Control and Prevention reports that over one in five people in the United States currently suffers from a mental illness of some kind. Some of the most common mental illnesses include depression, bipolar disorder, anxiety, and schizophrenia. Many people with mental health conditions are competent, loving parents. However, there are situations in which a parent’s mental health condition could pose a danger to the child. An Illinois court will only order psychological testing if there is a significant concern about a parent's mental health or behavior.

If your spouse is threatening to divorce you, it can be a stressful and emotional time. While taking the situation seriously is essential, protecting your rights and interests is also vital. Consider consulting with a divorce attorney to understand to get an idea of the divorce process as well as your options during this time.

Do These Things Right Now if Your Spouse is Threatening to Divorce

Here are some essential considerations if your spouse is threatening to divorce you, including:

• Seek legal advice – One of the first things you should do is seek legal advice. An experienced divorce lawyer can help you understand your legal rights and options, provide guidance and support throughout the divorce process, and work to protect your interests and assets. 

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 Substance abuse can be a challenging issue in divorce cases. If one spouse struggles with addiction, it can impact the entire family and create significant legal and emotional challenges. For anyone interested in getting a divorce from a partner who suffers from a substance abuse problem, there are essential considerations you must be aware of regarding how your spouse’s substance abuse may affect divorce proceedings. Divorce attorneys are keenly aware of how difficult this situation can be. Consult with an attorney, share your concerns, and create a plan with your attorney for how best to address the problem. 

Divorce Issues That May Be Affected by Your Spouse’s Addiction

Child custody is one of the most significant issues in divorce cases involving substance abuse. If one parent is struggling with addiction, having unsupervised visitation with their children may not be safe. In some cases, limiting or restricting the other parent’s access to the children may be necessary to ensure their safety.

Substance abuse can also impact the division of assets in a divorce case. For example, if one spouse struggles with addiction, they may have spent significant marital assets on drugs or alcohol. This may be considered dissipation of assets which can impact the division of assets and may require the input of financial professionals and forensic accountants. 

A prenuptial agreement, sometimes called a prenup, is a legal agreement between two people planning to marry. Essentially, the agreement outlines how the couple's property and assets will be divided in case of divorce. Furthermore, prenuptial agreements are an important consideration for many couples prior to getting married. However, bringing up the topic of a prenuptial agreement can sometimes lead to unexpected reactions from your fiancé. Today, we will discuss what you should do if your spouse gets angry at the idea of getting a prenup.

If you are interested in prenuptial agreements and what they may entail, contact an experienced family law attorney to understand better the process and the potential benefits signing such an agreement may have. 

What to Do if Your Spouse Reacts Negatively to the Idea

It is not uncommon for people to be uncomfortable regarding the topic of prenups. Some people believe prenups to be unromantic and that by signing a prenup, you thereby admit that your marriage will likely end in divorce. Accordingly, if your spouse becomes upset when you mention the possibility of a prenup, here are some steps you can take:

When going through a divorce, it is not uncommon for one spouse to attempt to hide or dissipate assets in order to prevent their spouse from receiving an equitable amount of their assets. This can be a frustrating and stressful experience, but there are several telltale signs that your spouse may be attempting to dissipate assets. Today, we are going to discuss what several of those signs are. If your marriage is heading towards divorce, consider contacting knowledgeable divorce attorneys to lawfully complete the divorce process while ensuring your rights remain protected and advocated for. 

What is the Definition of Dissipating Assets? 

Dissipating assets refers to the intentional or reckless use, depletion, or destruction of marital assets by one spouse for their own benefit or to prevent the other spouse from receiving their fair share of those assets in a divorce settlement. If you can prove that your spouse dissipated assets, the court may distribute the rest of the marital estate in a way that compensates you for this loss. 

Signs Your Spouse May Be Dissipating Assets 

Look out for these signs which may signify your spouse is trying to dissipate assets, including:

In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it. However, it is essential to note that determining what constitutes non-marital property can be a complex process. 

Today, we are going to discuss what is most important to know regarding non-marital property in Illinois. If you are getting a divorce, contact an experienced divorce attorney who will work to ensure you understand your rights and that a positive outcome can be pursued.

Understanding Non-Marital Property 

Non-marital property refers to assets acquired before the marriage, gifts or inheritances given specifically to one spouse, or any property acquired after a legal separation. In Illinois, any property obtained before the marriage is considered non-marital property. For example, a vehicle that a spouse owned before getting married is his or her sole property. The same is true for other assets like real estate or business assets. Furthermore, debts acquired before a marriage are typically classified as non-marital debt. 

The dissipation of assets is a term used to describe the improper use of marital assets by one spouse before a divorce. In divorce cases in Chicago and elsewhere, the dissipation of assets can significantly impact the distribution of property and assets between spouses. If one spouse is found to have dissipated assets, a court may consider this when determining the division of assets in a divorce case. For a court to make a finding of dissipation, it must be shown that the assets were used for a purpose unrelated to the marriage and that the use of assets reduced their value. This could include using marital funds for a mistress, buying expensive gifts for friends, or squandering money on gambling or drugs. 

Suppose you are getting divorced and believe your spouse is engaged in behavior that qualifies as dissipating assets, or you have uncovered information during divorce proceedings that give you a reason to believe your spouse has been involved in this behavior in the past. In that case, an experienced attorney can help you make sense of the situation and provide guidance moving forward through the divorce proceedings. 

The Impact of Dissipation of Assets in Divorce Cases

The impact of dissipation of assets can significantly affect divorce proceedings and may reduce the offending spouses' share of marital assets. However, the dissipation of assets is a complex issue that can be difficult to prove. To prove dissipation, a spouse must provide clear and convincing evidence of the improper use of assets. This can involve tracking financial transactions, gathering witness statements, and reviewing bank records.