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Springfield, Illinois Divorce Law Blog

Grey divorce: older couples are filing more and more

37230984_S.jpgOver the last five years, you have probably heard about a phenomenon in the world of family law that has been gaining steam. It is called "grey divorce" and it refers to the notion that older couples are getting divorced more and more frequently. A grey divorce is when two spouses are aged 50 or older and they decide to get a divorce.

As you can probably imagine, a grey divorce presents some unique challenges for the splitting spouses. Since they are older, it is more likely that they have more assets and wealth to divide and separate during the divorce process than a younger couple. They may also have assets that many spouses wouldn't even have to consider in their divorce.

Deciding to divorce: financial considerations to make

34058336_S.jpgImagine a married couple that lives many years together. They obviously get used to a certain lifestyle and a certain routine, right/ Well, one day they have an argument that has been building for years, and the couple realizes that they have hit a very serious and potentially relationship-breaking impasse. After weeks, or perhaps months, of therapy and trying to figure out their problems, they realize there is simply no fixing their problem.

They decide to divorce.

Co-parenting pop quiz: Are you ready to go back to school?

43145979_S.jpgIn the coming weeks, kids across Springfield will be heading back to the structure and routine of a new school year. In preparation, parents will be doing some back-to-school shopping, checking out class schedules, meeting teachers and doing whatever needs to be done to prepare their kids for the next year.

However, parents can be doing a few things to prepare themselves for going back-to-school as well; particularly parents who share custody of their children. If you are in this position, there are a few things you can do to make sure you and your parenting plan are ready for the year ahead.

A reminder that divorce isn't always a bitter end

41099799_S.jpgOur source article for this post is a bit different than most other sources. It is a collection of Instagram posts that show divorcing couples posing for their "divorce selfie." Basically, divorcing couples are celebrating their divorce by taking a picture of themselves with their ex-spouses and showing the world that they are not confined or constrained by the stereotypes of divorce and the way most people expect certain events to turn out.

It's an important lesson to learn because most people think that a divorce involves two angry spouses who can't even be in the same room with each other without yelling or getting into an argument. While such relationships do exist, there is also another end of the divorce spectrum. Some splitting couples are perfectly happy and comfortable with their divorce, and they don't see their ex-husband or ex-wife as an enemy, either in the divorce or in life.

Spouses that receive child support: these costs are covered

42706524_S.jpgChild support is a crucial aspect to many divorce agreements not just because it helps a spouse who may not be fully able to cover certain expenses for a child, but because the child needs the financial resources to learn, grow and become the person that he or she wants to become. And yet, there are some people that think child support should only apply for a finite number of costs.

This is a myth. Child support can actually cover a wide range of costs, activities and financial matters so that the child isn't left without certain materials or in need of basic necessities. So what does child support cover? Let's count the ways this provision can help families who have gone through divorce:

How a military divorce adds complex layers to the process

49812917_S (1).jpgDivorce is an inherently complicated situation for any couple or family going through the process. But imagine now if one of or both of the spouses involved in that divorce was a member of the United States military. In these cases -- though many of the logistics are similar to a non-military divorce -- there are numerous complex circumstances involved in completing the divorce.

The first is jurisdiction. Military divorce can occur at both the federal and local level. For example, while the military pensions involved in the divorce may be dealt with at a federal level, the spousal support aspects could be handled at the local level. In addition, jurisdiction is usually tied to the home state of the spouses, even if the military spouse has been deployed overseas or is training in a different state. These factors add a complicated layer to traditional divorce proceedings.

Time, accuracy and fairness: the qualities of a prenup

12172964_S (1).jpgImagine that you are preparing for your big wedding day. As you get dressed for the big occasion, your spouse comes to you and says that the two of you should sign a prenuptial agreement. The contract will protect you, your spouse says. Since you trust your spouse, you sign it, thinking that the document is in your best interest.

This hypothetical situation is actually just one way in which a prenuptial agreement can be deemed invalid. Prenuptial agreements are critical documents that can help any couple getting married -- but they also aren't perfect documents that are shielded from a legal challenge. The spouses must draft their prenup and discuss the topics that they will include in their prenup thoroughly before they sign. Not having enough time to consider the document can make the document (if not all of it, then part of it) invalid under a legal challenge.

Have you considered a prenuptial agreement?

12172964_S.jpgThere are many controversial aspects to divorce law and family law, but one of the most notable in this regard is the prenuptial agreement. There was a time not too long ago that prenuptial agreements were seen as socially taboo. Prenups were essentially a concession, according to this line of thinking, that a divorce was inevitable and that the spouse asking for the prenup was trying to protect his or her financial well-being as opposed to thinking about their relationship and their life together.

But those times have come and gone, and though a lingering stigma may still exist with prenuptial agreements, these contracts have proven to be useful and vital in many marriages (and divorces).