Posted on January 09, 2025 in Divorce

Baby boomers currently have the highest divorce rate in the United States, and they are the only generation to increase their divorce rate as they age. Divorce is usually difficult and often messy and contentious regardless of how long a marriage lasts. While children often bear the brunt of a chaotic divorce, even grown children can have difficulty accepting a divorce, especially when the parents are in their 50s, 60s, or even 70s.

It can take sensitivity and understanding to help adult children get through the divorce of their older parents. There are also many issues that older divorcing couples need to consider that younger couples might not. An experienced Geneva, IL family law attorney can guide you through the process in the best possible way.

Why Are Older Americans Divorcing So Often?

While some older couples divorce for many of the same reasons younger couples do (infidelity, money issues, drug or alcohol addiction), there are some additional reasons for divorce that apply to older couples, including:

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 Posted on December 27, 2024 in Divorce

If you are contemplating divorce or your spouse has already filed for divorce, it is extremely important that you contact an experienced divorce attorney who can represent your interests. However, this is not a situation where one divorce attorney is the same as another. Having an inexperienced or ineffective divorce attorney can result in the divorce taking longer and costing considerably more.

Since choosing the right divorce attorney is so important, reviewing past cases and looking at each lawyer’s reviews can help determine whether the attorney is right for you and your unique situation. When you have a Geneva, IL divorce attorney who will strongly advocate on your behalf, you have taken an important first step in the divorce process.  

How Do You Choose a Divorce Attorney?

Many people who are looking for a divorce attorney will ask friends, family members, or co-workers for a referral. Others may look online at divorce attorney websites in the area and choose several that seem like a good fit. Appointments can be set up with two or three attorneys, and after speaking to all the choices, you can make an informed decision regarding which attorney will be the best for your specific divorce circumstances. This initial meeting allows you to get a feel for how the attorney treats and responds to clients, ensuring he or she is a good "fit" for your divorce.

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 Posted on December 13, 2024 in Family Law

As the parent who pays child support, you may be dismayed when you see your children with holes in their shoes while your ex has a new car, wears expensive clothing, and recently posted photos of her trip to Italy on social media. The court expects that child support will be spent on the children. This could be for a roof over their heads, food on the table, clothing and medical care, or for the specific things a child needs for extracurricular activities, toys, or a private school education.

While the court expects this is how child support will be spent - and most parents who pay child support expect the same - Illinois law does not require parents receiving child support to account for how the money is spent. This means that the paying parent who attempts to micromanage how the money is spent will have little court cooperation. Illinois child support guidelines do state that the baseline amount of support is meant to ensure the child or children live roughly the same lifestyle as they did during their parents’ marriage.

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 Posted on November 26, 2024 in Family Law

Divorce means moving on from your marriage and re-imagining your future. However, if you have children, you will be tied to your ex for a very long time as co-parents. Regardless of the terms of your allocation of parental responsibility or which parent is the designated primary residential parent and which has parenting time, you will need to find ways to make joint decisions for your children.

Parents who had a very acrimonious divorce may need to limit their interactions to the extent possible, while others learn how to maintain a fairly healthy relationship after the divorce. An option that is becoming increasingly popular for divorced parents is known as co-parenting. Co-parenting means that the two of you will work together to ensure your children’s best interests are met.

You may attend school functions and extracurricular activities at the same time and even celebrate your children’s birthdays in the same room at the same time. If both you and your ex are willing to have a healthy co-parenting arrangement, there are certain issues that should be addressed. Speaking to a knowledgeable Geneva, IL family law attorney from Serrano Hanson & Hurtado, LLC can help you create a parenting plan that comprehensively addresses your co-parenting goals.

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 Posted on November 13, 2024 in Family Law

Divorce can be a traumatic experience – both for the spouses divorcing and the children. If arguments and negotiations failed when determining the allocation of parental responsibilities, then a judge may have made the final determinations regarding which parent would be designated as the primary residential parent and which would have parenting time. After all the time and discussions, it can be disheartening for one parent to be rejected by his or her child.

Although parental alienation is a serious threat – and one that is talked about much more frequently – in some cases, the issue is justified rejection and estrangement rather than parental alienation. When a child has a legitimate reason to reject a parent, it is known as justified rejection and estrangement.  If your child no longer wants to spend time with you during your court-ordered parenting time, it is important that you determine whether parental alienation or justified estrangement is at hand.

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 Posted on October 31, 2024 in Divorce

If your divorce feels like too much to handle, imagine what your child must feel like. Children who see their parents bicker throughout the divorce are more likely to experience emotional trauma than those whose parents remain civil. While it is not always possible to avoid a toxic divorce when your spouse is a narcissist or an angry bully, you should always do your best to keep your child away from your disagreements.  

Children often internalize their emotions during a divorce, and may even feel that it is somehow their fault that their parents cannot be in the same room without an argument breaking out. There are things you can do to shield your child from a toxic divorce, but the most important first step is speaking to a knowledgeable Geneva, IL divorce lawyer from Serrano Hanson & Hurtado, LLC. Below are further steps you can take to keep your child away from a toxic divorce.

Never Take Your Child to Divorce Court Hearings

Unless the court requires your child to be in court, you should never bring him or her to a divorce court hearing. It is unlikely your child will understand the issues being discussed, and a child should never witness parents speaking negatively about one another.  

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 Posted on October 12, 2024 in Family Law

Perhaps you know your marriage is on the brink of divorce, but you are not quite ready to take that final step. In Illinois, you can choose legal separation, which allows you and your spouse to live apart while remaining married. This gives you some breathing room to determine whether you really want to divorce and even see what it might be like to be divorced. If you are unsure whether you want to divorce your spouse, speak to a knowledgeable Geneva, IL divorce attorney from Serrano Hanson & Hurtado, LLC. We will help you make the best decisions for your situation and your future.  

What Are the Requirements of an Illinois Legal Separation?

A separation petition must be filed by one spouse to start the legal separation process. At least one of the parties must reside in Illinois, and the parties must live apart before filing for legal separation. While the law states that the parties must live apart, this does not necessarily mean that they must live in different houses. The court understands that not every couple has the financial means to afford two households during the separation.

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 Posted on September 30, 2024 in Divorce

Spousal maintenance can often be one of the most acrimonious parts of a divorce. Spouses ordered to pay support are rarely happy to do so, even if the receiving spouse needs and deserves the support. While a spousal maintenance order may be reviewed periodically, if something major occurs in the life of either ex-spouse that represents a substantial change in circumstances, either spouse can request a post-decree modification.

This change is meant to match the new circumstances so that neither spouse is unduly burdened financially. Whether you are the spouse receiving spousal support or the spouse paying support, if you or your ex determines a change in spousal support is warranted, speaking to an experienced Geneva, IL spousal support attorney from Serrano Hanson & Hurtado, LLC can be beneficial.  

What Are the Primary Reasons a Spouse Might Receive a Modification for Spousal Maintenance?

As noted, there must be a substantial change for a judge to consider a modification of spousal maintenance. The most common reasons for a judge to consider modifying current spousal support include:

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 Posted on September 16, 2024 in Divorce

The division of marital assets is often one of the most contentious aspects of a divorce, and when a court must determine whether assets are marital or separate, spouses may become even more antagonistic. When a divorce is imminent, both spouses may be wondering whether their separate property will remain theirs alone. While the rules about marital vs. separate property in Illinois seem fairly clear, the lines are often blurred by how the married couple treats those assets during the marriage.

If you have questions regarding whether your separate property is really yours or how your marital property will be divided, it is time to speak to an experienced Geneva, IL property division attorney from Serrano Hanson & Hurtado, LLC. While we are a full-service law firm, we have a smaller firm's commitment and personal attention, forming the basis for strong client relationships.  

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 Posted on August 28, 2024 in Family Law

Navigating the legal system can be challenging, particularly when it comes to matters concerning personal safety and well-being. In Illinois, an order of protection is a vital tool designed to help people who are victims of domestic violence or harassment. If you live in Illinois and are interested in learning more about how an order protection can keep you safe, contact an attorney.

How Are Orders of Protection Defined in Illinois?

An order of protection is a legal document issued by a court that prohibits a person from committing acts of violence or harassment against another individual. These orders are most commonly sought in situations involving domestic violence, stalking, or harassment, offering victims a level of security and protection from their abuser.

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