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The Stogsdill Law Firm, P.C.
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The Stogsdill Law Firm, P.C.

It's now a trend with its own term. Gray divorce, a term used for individuals who end their marriage after they are 50 years of age or older, is rising, and more family law professionals are seeing clients who fit the category. In Illinois, these older couples separate with different issues than other couples who call it quits when they are younger.

Unlike couples with minor children, gray divorce individuals do not have the same needs for child custody and child support negotiations. Usually, the major issues of this type of marital dissolution are related to assets such as the home, investments and retirement plans. Individuals need to decide how the assets will be shared during a collaborative process, or they may need to have the matter settled by a judge.

Some of those with experience in the field say that divorces among older individuals are up and that the divorce rate has raised to 30 percent in this age group. Some say that it is the largest growing age section in their family law practice. Many couples report that the divorce was useful and that they harbor no bad blood against their ex-partner, but of course, this does not apply in every case.

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Tagged in: family law
The Stogsdill Law Firm, P.C.

The time has come to move forward with the divorce process. You and your spouse are on the same page, but you have one last thing to do: Discuss the future with your children.

It's only natural to be nervous, as you don't want to say anything that will upset your children or make them believe they did something wrong.

Telling your children about your divorce can be a challenge, but there are tips you can follow to remove some of the stress:

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The Stogsdill Law Firm, P.C.

A college education is one of the most significant costs for a parent raising a child. Many Illinois parents are able to save money for their children's college tuition through hard work and planning. If the parents decide to divorce, the breakup can affect the college fund. If there is only one pot to draw from, certain living expenses must come first.

A divorce can catch individuals off guard financially, but there are steps that can be taken in advance to reduce the threat of losing the college funds. In any case, ending a marriage will likely prompt individuals to review the college plans currently in place. If major financial changes are anticipated, the family may need to consider adjusting to financial changes and encourage lower cost options.

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Tagged in: divorce
The Stogsdill Law Firm, P.C.

When Illinois couples decide to end their marriages and go their separate ways, the divorce process can be complicated - particularly if there are children involved. While most parents want what is best for their children, it could be challenging to balance the needs and schedules of the children with their own. Before making decisions about child custody, it might be best to understand the differences between joint and shared custody.

Although it is often perceived as the same thing, there are differences between the two types of custody. Shared custody allows each parent physical custody by providing food, shelter and care for 50 percent of the time. However, it is a flexible arrangement by which parents can agree on parenting plans that will also accommodate their own schedules. This type of child custody allows parents to determine whether the rights to make important decisions will be shared or allocated to one parent.

With joint custody, every aspect of the child's care and upbringing must be shared equally between the two parents. A continued good relationship between them is crucial because they will have to meet frequently to make joint decisions. This arrangement prohibits one parent to make any changes to important aspects of the child's life without the consent of the other parent. This includes health care, education, religion, extracurricular activities and more.

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Tagged in: child custody
The Stogsdill Law Firm, P.C.

Many Illinois parents likely understand that it is always best to reach an agreement between both parties during the divorce process that is in the best interests of their children. Child custody orders put in place by the court are a common way to ensure the physical and emotional needs of any children involved are met. However, on some occasions, a child custody battle is not between two parents, but between parents and the state.

In September 2017, Illinois courts ordered a social worker to remove a minor child from the custody of his parents. Judges may order a removal for a myriad of reasons, including, but not limited to, suspicions of abuse or neglect on the part of the parent or unsafe living conditions. While most parents would be horrified at the thought of losing their children, a child custody order is considered legally binding and must be followed.

The female social worker was attacked by one or both parents when she attempted to remove the child from the home. She was left with a fractured skull, among other injuries. She lost her life in February 2018 as a result of the assault. Lawmakers are attempting to stiffen the penalties against people who try to physically interfere with social workers acting on behalf of the court.

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Tagged in: child custody
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