While the overall rate of divorce has declined over the past several years, the rate of gray divorces has increased. Gray divorces are those that involve couples who are 50 years of age or older. Gray divorces have some unique issues that often need to be addressed that divorces involving younger spouses typically do not. One of those important issues is health insurance. What options does a person who has always been on their spouse’s health insurance have when they are divorcing later in life, especially given the high price of health insurance for older people and how might this issue affect negotiations when it comes to the division of assets?

Why You Need Health Insurance

Given the high prices of medical care, everyone should have health insurance. All it takes is one serious illness or injury and the person can be facing overwhelming medical debt that can have a significant impact on their finances and may even lead to the need to file for bankruptcy.

A prenup, also known as a premarital agreement or prenuptial agreement, is defined as an agreement between soon-to-be spouses. This agreement allows both parties to define their rights and obligations regarding assets in the event of a death or divorce. In the state of Illinois, a prenuptial agreement must be in writing and signed, with a sober and clear mindset, by both parties. 

In the case where a prenuptial agreement violates Illinois law due to fraud, coercion, lack of knowledge, or any unconscionable provisions, then the agreement is not enforceable. If you want to set up a prenuptial agreement, it is important to get advice from an experienced Illinois divorce attorney, with their help you protect your assets and negotiate a fair agreement for both parties. 

What Will a Prenuptial Agreement Cover?

Here are some things to expect to cover within a prenup: 

What is a putative father? A putative father is someone believed to be the biological father of a child that was born out of wedlock. Because the couple is not married, legally the man is not the child’s father and the mother can put the child up for adoption without his permission. If the mother decides to keep the child, the man can choose to have no role in their life and therefore does not have to pay child support, but also is not allowed to have any say in how the mother chooses to raise the child. However, if the father decides he wants a say in the child's life or in the adoption process, some steps must be taken to legally become known as the child's father. 

Putative Father Registry 

The first step is to register with the Putative Father Registry. This must be done on time and if it is not, it could potentially cause the loss of parental rights altogether. When the child is born, hospitals offer Voluntary Acknowledgement of Paternity forms. However, if the father is not present at the birth he must register in the Putative Father Registry within thirty days of the child’s birth. The registration form will ask him to provide personal information such as his name, current address, social security number, and date of birth, as well as information about the mother and child. 

Once that is established if the mother decides that she wants to give the child up for adoption, the father will get a notice stating that there is a pending adoption. He will then be allowed to appear before the court and provide information that helps the court to determine the child's best interests. The Illinois Adoption Act states that a putative father can be a potential father if he can meet just one of the required criteria. 

When a court in Illinois is considering a child custody case, the court’s goal is to issue a decision that is in the best interests of the child. The court will consider the parents’ wishes, each parent’s relationship with the child, the child’s wishes, and each parent’s health. Consequently, it is possible that a mental health concern could impact a child custody decision.

Mental Health and Custody Evaluations

Illinois Supreme Court Rules and the Illinois Marriage and Dissolution of Marriage Act both allow for three types of mental health evaluations during family law cases. 

Section 604.10(b) of the Illinois Marriage and Dissolution of Marriage Act states that a court can seek the advice of any professional to assist in determining a child’s best interests. An evaluator will be the court’s witness who should not be on either parent’s side. The court may appoint an evaluator when parents are unable to agree on the allocation of parental responsibilities. 

While many people were wondering how the COVID-19 pandemic had affected divorce rates, World Population Review found that about 50 percent of married couples divorce in the United States as of 2022, giving the country the sixth-highest divorce rate in the world while secondary marriages had a higher likelihood of ending in divorce with a 60 percent rate. National Center for Health Statistics data showed 38 percent more marriages despite a 12 percent decline nationally in the first year of the pandemic. 

A report a few years ago found that while divorce was becoming less common among younger adults, the so-called gray divorce was on the rise with divorce rates doubling since the 1990s for American adults 50 years of age and older. Among people 65 years of age and older, the divorce rate has nearly tripled since 1990, now reaching six people divorcing per 1,000 married persons.

Common Causes of Divorce

The pandemic certainly placed greater stress on couples and the amounts of time they had to spend with one another. Spouses quickly learned a number of things that can impact having happy marriages, and a number of people took to getting a divorce.

All married couples have disagreements. Most marriages involve a series of high and low points, but there may be a point at which one or both spouses feel that the marriage is no longer healthy or manageable. When you have reached a point where you feel that your marriage has reached insurmountable odds, filing for divorce is generally a quite reasonable and practical step to take. However, it does happen that some spouses will face significant challenges, file for divorce, and then reconcile and remain married.

You should know that in Illinois, divorce cases can be paused or withdrawn with relative ease should you and your spouse agree that divorce is no longer in your best interests. It is also true that some individuals will file for divorce while still uncertain about whether they should stay in the marriage, and then determine that following through with terminating the marriage is the best option - this is common in spousal abuse cases when the victim files. Whether you finalize your divorce or stay married, strong legal representation is key to protecting your interests. 

What You Should Know About the Reconciliation Calendar

When you initiate divorce proceedings, your case is added to the court's calendar. In Cook County, the court maintains what is called the “reconciliation calendar.” The reconciliation calendar is effectively a list of divorce cases that have been paused by the parties. To have your case added to the reconciliation calendar, you and your spouse must mutually request for your divorce to be placed on hold. 

The parenting plan that you and your spouse establish or that the court judicially establishes on your behalf, effectively has the force of law. A parenting time schedule is grounded in a formal court order. All parties are required to act in compliance with court orders and may face legal sanctions for noncompliance, including improper relocation. This force extends to any temporary orders that may have been placed during the time period in which the divorce is in process.

If your former spouse—or current spouse if your divorce has yet to be resolved—has removed your child from the local area without seeking permission from the court, they could be charged with contempt of court. If concealment of the child in violation of any court order lasts for a period of greater than 15 days, the offending parent has opened themself up to criminal abduction charges as well. Should you discern that the other parent has removed your child from the local area without a court order, it would be prudent to discuss your rights and potential enforcement actions with an attorney. 

Differentiating Between Relocation and Moving

Used in the context of parental relocation, “relocating” and “moving” are not synonymous. A parent must inform the court and other parent of a move, but they need not seek prior permission. In the legal vernacular, relocation refers to removing the child from a familiar community and moving a great distance. Per the specific legal definition, a parent “relocates” the child if they live in Cook, DuPage, Kane, Lake, McHenry, or Will County and move a distance greater than 25 miles from their previous home. A parent residing in another Illinois County relocates if they move more than 50 miles from their previous home, while a parent presently in residence within Illinois but geographically close to a state border may move up to 25 miles, including across state lines, without relocating. 

Litigating a divorce can be a difficult process. Today, it is generally used only as a last resort if all attempts at negotiation or mediation have failed. Of course, there are some cases where attempting to resolve the divorce out of court does not make sense, such as if one spouse is refusing to cooperate with the divorce or has abused you. Some divorces involving high-value marital assets are also very likely to be resolved through litigation because there is so much at stake.

If you expect to go to court for a contested divorce, you may be quite nervous. Knowing what to expect during litigation can help keep you feeling calm and prepared. It is critical that you are represented by an aggressive and experienced attorney during a contested divorce. Hensley Sendek Law offers top-quality representation in and out of court. 

What to Expect in a Contested Divorce

When you go to divorce litigation, you are asking the court to make decisions about each issue in your divorce case. Rather than reaching an agreement, you and your spouse will each try to prove to the court that issues should be resolved in your favor. Hearings will be held. These hearings work like trials. Your attorneys will be able to introduce evidence and call witnesses. 

Being married to someone with a mental illness can be difficult. Certainly, people with mental illness can enjoy long and successful marriages if they are receiving the appropriate treatment. A combination of medication and therapy can help a person with mental illness become a good spouse, a good parent, and a good provider. However, if your spouse is not adequately addressing their mental health issues and they are affecting your relationship, a divorce may be in order.

Getting a mentally ill spouse to cooperate with divorce proceedings can be a challenge. They may resist divorce, particularly if they are dependent on you. It is important to be represented by an experienced attorney who can help you navigate the twists and turns your case may take. 

Helpful Advice for Ending Your Marriage to a Person With Mental Illness

When you have made the decision to divorce your mentally ill spouse, you can expect some unique challenges. You know your spouse and how their mental illness affects their behavior better than anyone, so you may already know how your spouse is likely to handle being served with divorce papers. Other tips include: 

If you rely on your spouse for financial support, divorce can be particularly stressful. Especially if you have been out of the workforce for some time or sacrificed a potential career to devote yourself to homemaking, you may be worried about how you will support yourself after getting a divorce. In Illinois, if you were financially dependent on your spouse you may be eligible to receive spousal maintenance payments, commonly called “alimony.” This is in addition to any child support you may also be entitled to receive.

The goal of spousal maintenance is to allow you to get the divorce you need without fear of extreme financial difficulty. If financial concerns are stopping you from pursuing a divorce, our lawyers may be able to help you get the support you need to begin a new life. 

When Will Illinois Courts Order Spousal Maintenance?

There are very few hard-and-fast rules when it comes to a court’s decision to award spousal maintenance. Rather, there are a number of factors the court will consider when deciding whether alimony is appropriate in your case. These factors include: 

You may think that uncontested divorce is only for amicable divorce situations, but this is not true at all. An uncontested divorce can be possible even if you and your spouse cannot stand to be around each other. You do not need to be on friendly or even speaking terms to avoid actual litigation during your divorce proceedings. There are many methods attorneys may use to facilitate a divorce settlement without going to court, some of which do not require you to speak to or see your ex at all.

Filing an uncontested divorce can save you quite a bit of time and money, as well as reduce distress for any children involved. In most situations, reaching a compromise is possible even if it takes a lot of help. An attorney can help you understand your options and determine whether an uncontested divorce is within reach for you and your spouse. 

Options for Reaching a Compromise Despite Conflict

When attorneys broach the idea of uncontested divorce with clients, a common objection is that they simply cannot be in the same room as their ex without a fight starting. The good news is that you can reach a fair compromise without ever seeing them using some methods. Strategies that can help spouses in conflict achieve uncontested divorce include: 

There are many complicated aspects to a divorce, including dividing shared marital assets, determining spousal support payments, and potentially agreeing upon child custody. These topics can be contested between partners, considering the critical nature of finding an equal balance between assets following a divorce. When one, or both, spouses are business owners, determining the value and ownership of the practice adds another layer of complications to a divorce proceeding. However, there is a way to uncomplicate the division of business assets in an Illinois divorce. Obtaining a business valuation is an excellent advantage if you are a business owner preparing for a divorce. 

What is a Business Valuation?

When a spouse undergoing a divorce owns a business, there may be complications in determining ownership. Typically, when a company is created before marriage, that business is considered solely owned by the individual that started the venture. However, if a business began after marriage or shared funds were used to help start up a company, that business could be considered a shared marital asset, leaving it open for division between spouses. 

A business valuation includes analyzing the company's financial value to understand the market value of that business. Usually, this is done by an accountant or divorce attorney skilled in this practice area. By obtaining a business valuation, the business owner may be able to protect the business as an asset during a divorce. 

The process of filing for a divorce can be complicated, time-consuming, and expensive. The decision to dissolve a marriage can be extremely difficult for all members of the family. However, there are ways to ensure that a divorce is as easy as possible. Below are five must-know tips if you are looking to file for a divorce in the state of Illinois. 

Do Not Point Fingers 

The state of Illinois is considered a “no-fault” divorce state. This means that despite any wrongdoing from your partner, there is no at-fault party, and the divorce proceeding will focus on an equitable division of property and a workable parenting plan, if applicable. Do not waste time compiling information on any poor behavior from your partner including cheating or abandonment. The judge will not consider any of these circumstances when deciding on the issues of your divorce. 

The only exception to this rule is if your partner was abusive. If your partner has a history of being abusive towards you, your children or others, including a criminal record, this information may be factored into determining custody of children and other aspects of the divorce.

When filing for a divorce with children involved, each spousal party will be required to uphold their individual parental responsibilities. This typically includes who will be the residential parent who primarily lives with the kids, dividing up parenting time, division of assets such as the home and child support payments. The majority of child support payments end when the child turns 18 years old. However, there are a few reasons why child support may be extended past the time the child becomes a legal adult. These reasons may include extenuating medical expenses or even paying for your child’s college education. 

Do I Have to Pay for My Child’s College Tuition?

Whether or not a parent is required to extend child support payments through the time the child is in college is determined by your divorce agreement. Judges will typically approve a divorce decree that allows the children to live with the assets they would most likely have had if the parents remained married. This means that if the two divorced parents would have been in a better financial situation to pay for college had they stayed married, a judge may elect to have the non-custodial parent help pay for tuition. 

How to Get My Ex-Spouse to Help Pay for College

During the time of your divorce, it may not have been explicitly stated if your spouse was going to extend child support payments into your child’s college education. Many times, children decide not to go to university and explore other secondary educational opportunities or jump right into the workforce after high school. If your ex-spouse was not originally obligated to help pay for college expenses, you can file for a new court order to extend his or her payments. 

Starting a family business can be a wonderful way to combine working and spending time with your loved ones. When a married couple owns a business, they may not give much thought to who owns what share of the business. After all, they are in this together. Unfortunately, spouses who co-own a business may find themselves facing significant, complex issues during divorce.

If you are getting divorced and you and your spouse own a business together, you have several options: You may sell the business and split the proceeds, assign ownership of the business to one spouse, or continue running the business together. Which option is right for you will depend on your unique circumstances and long-term goals.

Running the Business Together After Divorce

Even if you and your spouse are not romantically compatible, you may still be great business partners. Though rare, some divorced couples continue running a family business together after divorce. Doing so many be complicated on both a practical and financial level. However, for some couples, this is the best option available. If you want to co-own the business with your ex after the divorce, work with your divorce lawyer and a financial expert to ensure you put the proper legal and financial precautions in place.

Did you know that divorce is consistently ranked as one of the most stressful life events a person can go through? The Holmes-Rahe Stress Inventory ranks divorce as second on its list of stressful experiences – just under the death of a spouse. Getting divorced or separated during the winter holiday season can be especially difficult for parents as well as adults. If you are a parent who is recently separated or divorced, read on to learn strategies for reducing stress and increasing holiday cheer.

Reducing Stress this Holiday Season

The first holiday season after a separation or divorce will be painful. There is simply no way to completely eradicate the heartbreak, regret, anger, and other difficult emotions associated with divorce. However, divorce is also an opportunity for renewal and hope. As you and your children navigate your first Christmas, Hanukkah, Kwanzaa, or New Year after the split, keep the following tips in mind:

• Remember that “different” does not necessarily mean “worse.” This holiday season will most likely be much different than years previous. Instead of focusing on what is different, try to focus on how your life has improved since the split and start planning for a bright post-divorce future.
• Avoid “one-upping” the other parent. Sometimes, recently divorced parents engage in a battle of, “Who can buy the most expensive gifts?” While the temptation to shower your children in expensive gifts is understandable, doing so may backfire.
• Lean on family and friends. You do not have to face this alone. Reach out to trusted loved ones for help when you need to.
• Take care of your health. As a parent, it can be easy to forget about your own needs while caring for your children’s needs. Try to get adequate sleep and eat regular meals. Take time off of work if you need a “mental health day.”
• Give yourself a break. Your house does not need to look like the cover of a magazine for your children to have a great holiday season. Avoid overdoing it this year and keep things simple.
• Accept your feelings. Some recently divorced people are overwhelmed by confusing and hard-to-predict emotions. You may find yourself feeling lonely, joyous, infuriated, and hopeful all in the span of an hour. Mental health experts report that this type of emotional volatility is completely normal after a major life change.
• Do not disparage the other parent around your kids. It can be hard not to bad-talk your ex – especially if the divorce is his or her fault. However, criticizing your ex can make you and your children feel even worse.
• Consider professional help. Getting divorced during the holidays and in the midst of a pandemic is extremely challenging. Do not hesitate to contact a therapist, divorce coach, or other professional for help.

Contact a Warrenville Divorce Lawyer

If you are ready to end your marriage, contact Wheaton divorce attorney Jessica Sendek for dependable legal guidance and representation. At Hensley Sendek Law, we recognize that divorce during the holidays is especially hard, and we are prepared to help. Call 630-358-9029 for a free consultation.

Cryptocurrencies such as Bitcoin, Ethereum, and Dogecoin have become increasingly popular investment tools. Studies show that about 13 percent of Americans bought cryptocurrency during the past year and many experts expect that number to increase. Like stocks, digital currency fluctuates considerably in value. This can make it especially difficult to value and divide in a divorce case. Furthermore, because Bitcoin and other cryptocurrencies are not held in a bank account like traditional currency, crypto is a popular vehicle for hiding assets during divorce. If you or your spouse have invested in cryptocurrency and you plan to divorce, an experienced divorce lawyer can help.

Determining the Value of Crypto

One of the most important aspects of a divorce is the division of marital assets and debts. Before spouses can negotiate a property division arrangement, they must take stock of what they own and owe. Valuing cryptocurrency for the purposes of asset division during a divorce is tricky. The value of a crypto investment when a spouse initially filed for divorce may differ dramatically from the crypto’s value several months into the divorce process. One option is to include a volatility formula into the property division agreement. Couples must also consider the tax consequences associated with the distribution of cryptocurrency and other assets during divorce.

Who Has a Right to Digital Currency?

In Illinois, property obtained by either spouse during the marriage is part of the marital estate and must be distributed between the spouses equitably. Spouses may reach their own property distribution arrangement, or they may take the issue to court. Understanding who has a right to cryptocurrency in a divorce is harder than it may seem. When assets are mixed or comingled, an asset can lose its identity as either marital or non-marital. For example, consider a spouse who purchased Bitcoin prior to getting married. Because the asset was obtained before the marriage, it is separate property and therefore excluded from the marital estate. However, if that spouse sold the Bitcoin investment and deposited the profits in a shared account, the funds may be considered marital property.

Studies show that cheating is quite common – even among married couples. Marital infidelity is regularly named as a top instigator of divorce. If your marriage is ending because of an extramarital affair, you may have questions about how it will impact your divorce case. Is a spouse entitled to more of the marital estate if they were cheated on? Will a spouse be at a disadvantage during divorce if they committed adultery? Divorce laws vary from state to state, especially with regard to marital misconduct. Read on to learn about how infidelity can potentially impact a divorce case in Illinois.

Understanding Illinois Divorce Laws and Fault

Illinois law is constantly being updated. In 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA), was modified to eliminate all fault-based grounds for divorce. When you seek a divorce in Illinois, you will only have one “ground” or reason available: Irreconcilable differences. Even if the divorce is a direct result of infidelity or another form of marital misconduct, this will not be stated anywhere in your divorce petition. Furthermore, marital misconduct is not typically a factor considered by courts when determining property division, spousal maintenance, child custody, or other divorce issues. That being said, there is still a chance that an affair could impact the divorce proceedings – especially if a spouse spent considerable money during the affair.

How Can Cheating Impact an Illinois Divorce?

Marriages that end because of infidelity often lead to contentious divorce cases. Understandably, an affair can heighten spouses’ emotions and make it even more difficult for them to cooperate. This makes reaching agreements about divorce issues even harder.

Child support payments are a major source of assistance for single parents. However, they can also represent a significant expense for the parent who is paying the child support. Illinois child support payments are calculated using a method that incorporates each parent’s financial instances. The payments are intended to be reasonably affordable while still providing the financial assistance the child needs. However, circumstances change and sometimes a parent needs to modify his or her child support order.

Child Support Modification

Every three years, the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS) offers modification reviews to parents with child support orders. A modification review may also be granted if either parent’s financial circumstances have changed considerably, the current child support order does not address healthcare for the child, or either parent requests a modification review.

During a modification review, the DCSS evaluates each parent’s income, assets, and other relevant financial information and notes any increase or decrease in the child’s financial needs. Based on this information, the DCSS will determine if the child support order should be modified. The amount a parent pays in child support may increase, decrease, or stay the same. If a parent disagrees with the DCSS’s decision, he or she can request a reassessment or attend a hearing to contest the child support order.

When parents are divorced or unmarried, having a court specifying the allocation of parental responsibilities and parenting time is essential. Not only does a parenting plan ensure that parents understand their rights and expectations regarding parenting duties, it also provides valuable stability in the life of the child. If parents cannot agree on the terms of their parenting plan, the court will step in and make a decision on the unresolved issues for the parents. Whether parents reach a parenting plan agreement on their own or the court hands down a decision for them, parents are required by law to adhere to the plan. Failure to do so can result in charges for parental abduction.

What Is Parental Abduction?

From time to time, parents may mistakenly fail to comply with the provisions set forth in the parenting plan. A parent may forget to drop off their child for the other parent’s allotted parenting time or lose track of time. Minor instances like these do not constitute parental abduction.

However, when a parent refuses to comply with the parenting plan, forcibly removes a child from the other parent, or conceals a child at an unknown location, the parent may be guilty of parental abduction.