Earlier this year, the American Bar Association (ABA) said that while the overall divorce rate in the United States was on the decline, the one group seeing an increase was the so-called “gray-haired” demographic. People 50 years of age or older account for 25 percent of all divorces, and 1 in 10 individuals getting divorced are 65 years of age or older. Anybody who is going through a gray divorce in the greater Naperville area will want to be sure they are working with an experienced divorce attorney for people in retirement or near retirement.

There are certainly advantages to getting a divorce when you are older, as there is less likelihood for adverse effects on children who are presumably grown up and out of the house by this point. There can still be a number of complicated issues for people to deal with in these cases, however.

Making Gray Divorces Work

Getting divorced at an older age involves many uniquely complex issues. A few of the most challenging issues that can arise in gray divorces include:

When a couple gets divorced, they either negotiate a settlement regarding property division, child custody, and other divorce matters, or a decision is handed down by the court. However, It is not uncommon for circumstances to change among divorced individuals, and certain changes can create a need for people to modify or enforce their divorce agreements. 

Common Kinds of Divorce Modifications

Certain kinds of divorce issues are more common for modifications, while many others will be viewed as being somewhat settled law. Martial property division matters, for example, are usually not going to be something a court revisits.

Some of the areas that may be more likely to see modifications include, but are not limited to:

Infidelity is one of the top reasons for a divorce. The trust and commitment that the married couple had agreed upon have broken down and been betrayed. Though the unfaithful act may cause a marriage to break down, it is often unclear exactly how it affects the divorce. 

What is a No-Fault Divorce?

As of 2016, the state of Illinois recognized irreconcilable differences as the sole grounds for a divorce. Because of this, one spouse cannot blame the other’s actions as the primary reason for the divorce. This is beneficial for the spouse that is petitioning for the dissolution of the marriage in that they are not required to prove that the other spouse is at fault. They must only prove that the couple’s differences are too great for the marriage to continue. 

However, this means that despite the infidelity, the spouse’s actions will not be held against them in accordance with the outcome of the divorce. As far as property division is concerned, they are determined through other factors including:

It is no secret that a divorce can be a lengthy process. If the relationship between the couple has become increasingly hostile, it can be exceptionally difficult. Conversely, if the couple wishes to end the marriage but seeks an uncontested divorce, then their compromises and agreements on many issues can expedite the process quite a bit. Depending on a multitude of issues, you can expect a divorce to take anywhere from several months to several years. The key factor is how much conflict lies between you and your spouse.

What Factors Influence the Duration of a Divorce?

A divorce is one of those unfortunate events in one’s life that most typically want to end as quickly as possible. There are certain criteria and steps that can be taken to help get you through it faster.

Children complicate the process exponentially. The courts are seeking the fairest outcome for all parties involved, especially if there are any children. Determining what is best for the children will take additional time. Parenting plans and custody will have to be established. The living situations of the spouses will certainly change and most likely impact the children’s life drastically.

During a divorce, the couple is encouraged to agree on how to divide their property and settle outstanding issues. This can be a simple task for some amicable couples, but it can become a struggle for others. If agreements can be reached outside of court, it will speed up the proceedings. When the spouses cannot reach an agreement on several issues, introducing a mediator may be highly beneficial. 

Mediation is common in many divorces and is a fair way to ensure that both parties have an opportunity to voice their opinions. In many cases, mediation helps spouses mutually agree on how to dissolve the marriage. With a third party facilitating the conversation, many outstanding disagreements may be solved outside of a courtroom.

What Role Does the Mediator Play?

A mediator is a third party who will help the couple divide property and resolve outstanding issues within the marriage including: