A generation ago, divorce over age 55 was practically unheard of. Many couples in this age bracket drifted apart and lived separate lives, sometimes even in separate households. The d-word was almost never a factor. However, the grey divorce rate has doubled since the 1990s.
Rising life expectancy has a lot to do with the increase. 20 or 30 years is a long time to live in an empty marriage. In other cases, divorce is simply more acceptable, from a moral standpoint, than it was a few decades ago.
Grey divorce presents some unique issues for Rolling Meadows divorce lawyers. Property division is more complex, usually because these couples have significant financial assets. Some people are surprised that emotional issues, such as child custody, are often an issue, as well.
In grey divorces, both the classification and division processes are much more complex than they are for younger people. That is especially true if one spouse has been married before, which is usually the case, and there is no premarital agreement, which is also usually the case.
Over time, marital and nonmarital assets and obligations become commingled. For example, the Husband might liquidate some stock he bought before the marriage (his nonmarital asset) to improve a rental house that Wife owned before the marriage (her nonmarital asset).
The house has now become commingled. Depending on the facts, the house could be Wife’s nonmarital property, Husband’s nonmarital property, or marital property subject to equitable division. The same thing applies to current and future rental income.
Similar questions usually surround the marital residence. This property is clearly subject to equitable division, at least in most cases, but the mechanism could be a problem.
Frequently, it is best to sell the house and divide the proceeds. That provides a clean break for everyone. But perhaps the market is depressed, Husband and Wife cannot agree on a price, or there are other such circumstances.
An owelty partition lien might be the solution in these cases. One spouse remains in the house and the other spouse receives a lien for his or her equity share. Then, when the occupying spouse sells the home, that lien must be paid. Frequently, Rolling Meadows divorce attorneys insert triggering language in the decree. For example, the order might state that the Wife stays in the house until she remarries at which time it should be sold.
Most couples over 55 do not have minor children at home. However, many such couples have adult children and grandchildren. Commonly, adult children “blame” one of their parents for the divorce. If that happens, they might retaliate by cutting off grandchild/grandparent contact.
Illinois has a rather broad grandparent visitation law. To obtain court-ordered parenting time, grandparents must normally only show that contact is limited or nonexistent, and at least a few of the following factors exist:
A grand[parent’s case is even stronger if regular grandparent/grandchild visitations lasted at least 12 months or the grandparent was the child’s primary caretaker for at least six months.
Grey divorces involve some unique marriage dissolution issues. For a free consultation with an experienced Rolling Meadows divorce attorney, contact the Andrea Heckman Law We routinely handle matters in Cook County and nearby jurisdictions.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
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Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.