Assets distribution is one of the most contentious aspects of each divorce, especially if complex assets are involved. In Illinois (an equitable distribution state), judges consider various circumstances when assigning a fair share of marital property.

Things get even more complicated if you suspect your spouse is hiding assets, attempting to avoid equitable distribution. If you find yourself in a situation involving hidden assets, you need professional help.

An experienced divorce attorney, working with a team of forensic accountants and other financial experts, will help you scrutinize financial records and track assets your spouse might be concealing.

Receiving a fair portion of marital property in a divorce settlement requires a vigilant approach. Below is an overview of typical red flags and the most common methods for uncovering hidden assets.

Warning Signs Your Spouse is Hiding Assets

Disclosing financial information is an integral part of the Illinois divorce procedure. The law requires parties to reveal financial and property-related information using disclosure statements or financial affidavits. Intentionally or recklessly entering inaccurate or misleading information on financial affidavit forms can result in various penalties and sanctions. Despite the grave consequences, one spouse often conceals their assets, compromising fair distribution.

Your attorney will carefully analyze disclosure forms, helping you spot the most common red flags indicating your spouse is hiding assets:

• The expenses surpass the income

If the expenses surpass the income your spouse claimed in the disclosure statement, that may be a warning sign of hiding assets. To ensure your assumption is correct, analyze their debt and see if it fits the equation. Each expense must correspond to income or an appropriate debt in the financial affidavit. If that is not the case, you are dealing with hidden assets.

• The income variations

Another red flag indicating hidden assets are income variations. If your spouse’s income suddenly drops without explanation, it could point to asset hiding. The financial affidavit form should contain information corroborating income variations. For example, lower income can result from switching to another job, which the person filling out the form must explicitly state. Otherwise, you can reasonably suspect your spouse is hiding assets.

• Undervaluing assets

The divorce disclosure statement contains a section in which spouses must specify their assets (cash, investments, real estate, motor vehicles, business interests, etc.). You must designate the value and enter the valuation date for each asset. A reliable sign of asset hiding is when property in the disclosure form has a lower claimed value than you know (or believe) it has.

• Rushing the divorce process

This red flag is non-related to disclosure statements. It aims at distracting your attention from financial documents. If your spouse is urging you to sign divorce papers and skip the scrutinizing process, you can be sure they are hiding something. Rushing the divorce process is an additional reason to be increasingly vigilant.

Discovering Hidden Assets During Divorce

Detecting the warning signs your spouse is hiding assets from you during divorce is just the beginning. You need to know where to look for assets put off the table. Here are some typical methods for discovering hidden assets.

• Tax returns. Start with analyzing tax returns. It is the most reliable method of revealing almost any attempt to hide assets. Your spouse may conceal cash, investments, and valuable items from you. But they will think twice before trying to do the same with the IRS. Harsh penalties (and even jail time) will convince them to stay truthful when dealing with tax return forms.

• Account statements/canceled checks. Your attorney should scrutinize financial records from all available accounts during the divorce discovery. Searching for canceled checks and account statements can reveal evidence that points to asset manipulation.

• Loan applications. Applying for a loan involves filling out various forms stating all your assets (cash, real estate, investments, etc.). Banks and other loan providers are strict when reviewing applications, making sure provided information is correct. When you search for hidden assets, analyzing your spouse’s loan application is a must.

• Savings accounts. Scrutinizing your spouse’s savings account can reveal an unusual pattern of deposits and withdrawals. If you notice these transactions do not correspond with their income schedule, your spouse may have income sources you do not know.

• Tax assessor’s records. The tax assessor’s office is an irreplaceable resource helping you discover hidden assets. If your spouse used money from a savings account to buy real estate, the tax assessor’s record shows all real property (land or houses) they own, with its taxable value.

• Employer as an accomplice. Sometimes even your spouse’s boss can help them hide assets. They can convince their employer to withhold paying bonuses and other benefits until the divorce is final, reducing the marital property subject to equitable distribution.

• Third-party involvement. If no other traceable evidence is available, consider inquiring about third-party involvement. Your spouse can transfer assets to a close friend, portraying it as a debt. After the divorce is final, the third person will return the money.

Which Spouse is More Likely to Hide Assets?

Theoretically, both partners can hide assets from each other. But one spouse is typically in a better position to manipulate the property. In most marriages, one spouse takes the responsibility of managing the finances. Consequently, they are much more familiar with the couple’s financial situation, which allows them to conceal valuable assets using one of the mentioned methods.

A Trusted Ally in Uncovering Assets

Cooper Trachtenberg Law Group, LLC is an Illinois law firm practicing family law.

Discovering hidden assets can be daunting for everyone except for Cooper Trachtenberg Law Group, LLC professionals. We pride ourselves on being top-notch attorneys well-versed in the most complex accounting and auditing techniques. Our lawyers excel at detecting suspicious transactions aimed at concealing valuable assets and leaving you without your fair share in the marital property division.

Our profound understanding of financial matters helps us work shoulder-to-shoulder with forensic accountants and other experts, helping you trace hidden assets during Illinois divorce.

Please reach out to us today to schedule your consultation.

Divorce is a complicated and emotionally taxing process, regardless of age. However, ending a long-term marriage can be incredibly challenging for many older adults. Gray divorce, or the trend among couples aged 50 and above, is on the rise. In the past few decades, the divorce rate for this demographic has doubled while the overall divorce rate has decreased. This shift has significant implications for individuals, families, and society. In this article, we’ll talk about the reasons why gray divorce is becoming more common, how divorce affects older people, and how to deal with this change in your life.

Factors Contributing to Gray Divorce

There are several reasons why gray divorce has become more prevalent in recent years. One key factor is increased life expectancy and longer marriages. As people live longer, they may find that they have grown apart from their partner or that their needs and interests have changed. Additionally, couples who have been together for decades may experience a midlife crisis, where they feel the need explore new opportunities and make significant life changes. This can include reassessing their marriage and deciding to end it.

Another factor contributing to gray divorce is financial independence. In the past, many women were financially dependent on their husbands, which made leaving a marriage more challenging. However, as women have entered the workforce in more significant numbers and achieved higher levels of education, they have gained greater economic autonomy. This means that older women may feel more empowered to end a marriage that is no longer fulfilling.

Changing gender roles is another factor contributing to gray divorce. As societal expectations around gender have evolved, so too have expectations around marriage. Women are no longer expected to be solely responsible for homemaking and childrearing, and men are no longer expected to be the sole breadwinners. This shift has led to greater gender equality in marriage. Still, it has also led to a higher likelihood of divorce if couples cannot navigate these changes successfully.

Finally, technological advances and online dating have also contributed to the rise of gray divorce. With the advent of dating apps and social media, it has become easier for older adults to connect with new people and form relationships outside of their marriages. This can lead to infidelity or a desire to explore new romantic opportunities.

Effects of Gray Divorce

The effects of gray divorce can be significant for both the individuals involved and their families. Emotionally, divorce can be challenging for anyone, but it can be especially difficult for older adults. After the divorce, they may have invested decades of their lives into their marriage and may feel they have lost a sense of purpose or identity. They may also experience depression, anxiety, and other mental health issues due to stress and upheaval.

Financially, a gray divorce can also be challenging. Older adults who have been divorced may find it harder to maintain their standard of living, especially if they are financially dependent on their spouse. They may also have to divide retirement savings, which can be difficult if they are planning to rely on those funds for their retirement years. Additionally, divorced older adults may have a more challenging time finding employment, as age discrimination is a genuine concern in the workforce.

Divorce can also strain relationships with adult children. For example, children may feel caught in the middle of their parent’s divorce or may feel like they have to choose sides. They may also worry about their parents’ emotional and financial well-being and feel responsible for caring for them.

Finally, a gray divorce can lead to social isolation. Divorced older adults may feel like they have lost their social support system, especially if their friends were primarily couples they knew through their marriage. They may also feel stigmatized or judged by society, as some still view divorce as a failure or a sign of weakness.

Coping with Gray Divorce

While a gray divorce can be challenging, there are strategies for coping with this life transition. One crucial step is to seek counseling or therapy. A mental health professional can provide support and guidance as you navigate the emotional challenges of divorce. They can also help you develop coping skills and strategies for managing stress and anxiety.

Another important consideration is the legal aspect of divorce. Working with an experienced attorney who can help you navigate the legal complexities of property division, alimony, and other issues is essential. They can also help you understand your rights and responsibilities and protect your interests throughout the divorce process.

Community support is also crucial for coping with a gray divorce. There are many support groups and organizations that cater specifically to older adults who are going through a divorce. These groups can provide community and understanding, as well as practical support and advice.

Finally, it’s important to reinvent one’s life after divorce. This can be a challenging process, but it can also be an opportunity for growth and self-discovery. Many older adults find they can explore new interests, pursue new careers, and form new friendships after divorce. By focusing on the opportunities that divorce can provide, rather than dwelling on the challenges, one can move forward with confidence and optimism.

Conclusion

Gray divorce is a complex and multifaceted issue, with many factors contributing to its rise. However, by better understanding the causes of a gray divorce and its effects on individuals and families, we can work towards better supporting those going through this challenging life transition. By seeking counseling, working with an experienced attorney, and connecting with community resources, older adults going through a divorce can find the support they need to move forward. Ultimately, gray divorce can be an opportunity for growth and self-discovery, leading to a brighter and more fulfilling future.

Call the Professionals at Cooper Trachtenberg Law Group, LLC

If you’re a retired couple considering divorce, the Cooper Trachtenberg Law Group, LLC is here to help. Our experienced attorneys understand the unique challenges that come with divorce later in life, and we can guide you through the process with compassion and expertise.

Don’t let fear or uncertainty hold you back from making the best decision for your future. Take action today and schedule a consultation with our team. We’ll provide you with the information and support you need to navigate this complex legal process and move forward with confidence.

Remember, you don’t have to go through this alone. Contact us at 847-995-8800 now to learn more about how we can help you protect your interests and achieve the best possible outcome in your divorce.

According to the National Center for State Courts, more than one million divorces are processed in the U.S. each year.

In Illinois, divorce and custody mediation is a necessary process that helps couples find conflict resolution with the assistance of attorneys.

In this blog post , we will define divorce and custody mediation and discuss the role of attorneys in the mediation process.

What Is Mediation?

During mediation, a trained mediator acts as a neutral third party  helping two parties resolve their differences.

The goal of  mediation is to helpboth sides resolve conflicted or contested issues such as child custody, asset division, and spousal support without going to court.

The Benefits of Mediation for Divorce and Custody Cases

Mediation offers many benefits for divorce and custody cases compared to traditional court proceedings.

1 Mediation helps reduce costs by avoiding expensive litigation fees associated with going through a trial in court.

2. Mediation sessions are often shorter than court proceedings since each side can work together to resolve their dispute quickly and amicably without having to wait for long periods between hearings or trials. This saves money on legal fees when mediated sessions are shorter.

3. Couples who choose mediation often find that it can lead to better outcomes because they have more influence over decisions made about their future instead of leaving it up to judges or juries who may not know all the details of their situation. 

4. Mediation offers couples privacy which litigated court procedures do not do.  Couples can also move at the pace that is comfortable for them versus depending on the schedule of the court system in their jurisdiction.

5. Thanks to the privacy that mediation offers couples there can be less overall stress and harm to the family since the couples, with their professional advisors, control the process versus an external judge.

Differences Between Mediation and Traditional Court Proceedings

The Role of Attorneys in Mediation

Attorneys play a significant role in the mediation process. They provide legal advice, represent their clients’ interests, negotiate the final agreement, and draft the mediation agreement.

Providing Legal Advice

Attorneys offer their clients professional legal advice to help them understand their options before, during, and after the mediation process. They help educate their clients on the law that applies to their situation and advise them on the potential risks or rewards of taking a specific course of action.

Representing The Client’s Interests

During the mediation process, attorneys advocate for their clients. They are tasked with understanding their client’s desired outcome and goals, then representing those interests in negotiations with opposing parties and mediators.

Attorneys can use negotiation tactics to protect their client’s rights and obtain favorable outcomes from the mediation process.

Negotiating The Final Agreement

One of an attorney’s primary responsibilities is negotiating a final fair agreement between all parties involved in the dispute resolution process. This includes ensuring that all sides are represented fairly while protecting each party’s interests as best they can. Therefore, negotiations carried out by attorneys must be conducted ethically according to applicable laws and regulations.

Drafting The Mediation Agreement

Once an agreement has been reached through negotiations, attorneys will be responsible for drafting a binding contract based on the terms of that agreement.

This encompasses reviewing any relevant statutes or laws applicable to ensure that these issues are dealt with adequately within the document drafted by the attorney for approval by all parties involved in the dispute resolution process.

Attorneys As Advocates in Mediation

Attorneys play a vital role in helping clients reach an agreeable and fair resolution in mediation. They help to protect the client’s rights, assets, and interests by evaluating the legal implications of each proposal brought to the table.

Protecting The Client’s Rights and Assets

Attorneys help protect their client’s rights and assets in mediation by ensuring both parties are coming to the table with clear expectations.

For example, they may negotiate a settlement agreement that sets forth the terms under which each party will abide during the process and outcome of their dispute.

Attorneys also ensure that all relevant information is disclosed and work to keep negotiations amicable while pursuing their clients’ best interests.

Assisting The Client in Reaching a Fair Agreement

In mediation, attorneys provide impartiality for both parties. They advise on each side’s bargaining position and can work to develop common ground between the two sides. Attorneys are skilled negotiators and can work with clients to ensure they receive a fair agreement.

Advising The Client On The Legal Consequences Of The Agreement

Attorneys help clients understand the legal consequences of the agreement reached in mediation. They can explain all applicable laws, discuss the implications of any stipulations included in the agreement, and advise on their client’s best course of action.

This ensures that all parties understand their agreement before agreeing to it. By providing this kind of guidance, attorneys can ensure that all parties agree with their eyes wide open.

Preparing For Mediation

When preparing for mediation, attorneys have a vital role to play. Their knowledge of the legal process and the law can help the client make informed decisions on how best to move forward with their case before and during any negotiations.

The Role of Attorneys in Preparing the Client

Attorneys can assist clients in several ways when preparing for mediation. First, they can assess the chances of success, advise what evidence will be most relevant, identify facts that could potentially be used against them, and suggest points that should be made to strengthen their position.

They can also prepare a checklist of essential documents, such as corporate records or financial statements, that must be ready ahead of time. This helps ensure the client has the information necessary to present their case effectively.

Gathering And Presenting Evidence

Attorneys are well-versed in gathering and presenting evidence clearly and legally soundly. In addition, they will collaborate closely with the client to compile any relevant documentation or data so that it is easily understood by all parties involved in the mediation proceedings.

Once this material has been prepared, attorneys will also assist in organizing it for presentation purposes. This may include explaining complex concepts in simple terms so all parties understand what is being presented and why.

Identifying And Addressing Potential Roadblocks

Finally, attorneys can help anticipate potential roadblocks that may arise during negotiations and address them proactively with both parties involved.

By thoroughly understanding all relevant laws, they can develop strategies that allow clients to reach an agreement while staying within legal limits and avoiding costly disputes.

The Role of Attorneys in The Mediation Session

Attorneys play many important roles during a mediation session.

Facilitating Communication and Negotiation

Attorneys can also serve as mediators, helping facilitate communication between parties and conduct productive negotiations. They understand how best to frame proposals to get positive results and will use their knowledge of law and experience with negotiation tactics to help move the process along swiftly, efficiently, and fairly.

The Mediation Agreement

Once the agreement is reached, attorneys will review it to ensure all terms are clear and legally sound.

The Role of Attorneys in Finalizing the Agreement

When finalizing the agreement, attorneys have one last role to play. They help all parties understand the ramifications of signing such a document and point out potential pitfalls or implications.

The Role of The Court in Enforcing the Agreement

Once the agreement is in place, attorneys ensure it is correctly filed with the court.

This helps to protect all parties involved, making the agreement legally binding and enforceable under applicable laws.

The court can then step in if either party violates its terms or fails to comply with its obligations.

Conclusion

Mediation is an effective and cost-efficient way to resolve divorce and custody cases in Illinois.

Having an experienced attorney by your side is paramount in the process, as they provide invaluable guidance and expertise in laws, regulations, evidence gathering, communication facilitation, negotiation tactics, and more.

Ultimately, their work will ensure both sides’ needs are met while staying within legal requirements.  Couples should explore the value and benefits of a mediated divorce approach for divorce.

Going through a divorce is a challenging and life-changing experience for everyone involved. No one is immune to the feelings of stress, anxiety, and resentment  which are so often present in divorce proceedings.

Ending your marriage makes you question the foundation of what you believe about life. Suddenly, you are uncertain about the issues you took for granted before the martial crisis hit.

If you are stuck in a rut and overwhelmed by negative emotions – luckily, there is a solution.

Here are the seven questions you can ask your lawyer for an emotionally intelligent divorce.

1. How Can A Divorce Attorney Help Me Cope with an Emotional Crisis?

Divorce litigation can be a adversarial process. In addition to feelings of sadness, grief, and resentment about separating, you will face the prospect of a harsh, unfamiliar court environment. From mentally draining discovery to cross-examination – your emotional burden will grow with each step of the way. The best way to go through such an experience unharmed is to talk to your divorce attorney. An experienced divorce lawyer knows what spouses are experiencing during this challenging period in life. Attorneys can help you cope with negative emotions by explaining what you feel is natural. People are vulnerable and being sad when life is stressful is normal. On the other hand, remaining resilient when faced with difficulties is vital to preserving emotional health, and divorce lawyers can help you save your mental wellbeing.

2. Does Initiating a Divorce Procedure Mean I Am a Weak Person?

On the contrary, a marriage is a communion between two people wishing to spend the rest of their lives together. Both spouses express their free will to enter the matrimony. When things go wrong (especially in abusive relationships), leaving a hostile environment is a rational decision. Not only that but breaking away from the abusive partner takes strength and courage. Self-doubting people stay silent, not wanting to stand up for their freedom and happiness. If a marriage does not go how, you both envisioned (no matter how hard you tried), you should know that l shows your leaving the marriage demonstrates integrity and maturity.

3. I Worry About Child Custody – Are My Concerns Justifed?

Your concerns are natural but not always justified. The decision of who gets custody is one of the most complex issues in divorce litigation. In determining child custody, the judge considers various factors, including the parents’ economic situation, the child’s educational and extra-curricular activities, place of living, etc. An experienced divorce attorney will use all legal means to prove your child custody-related claims, relying on child experts and other available evidence. If you can meet the child’s best interests, you should not worry if you have a knowledgeable attorney protecting your interests.

4. How Can My Friends and Family Help?

Your friends and family are your most significant psychological support group in times of crisis, including divorce. Ask them for help as they are your loved ones. Sometimes, they can alleviate stress by listening to your fears and concerns.

5. How Can I Manage My Anxiety Related to Marital Property Division?

Illinois is an equitable distribution state, meaning the courts divide marital property equally unless specific factors justify unequal distribution. Your worries about marital property are natural because you can never be sure if you will get half what you and your spouse acquired during the marriage. That depends on the length of your relationship, each spouse’s contribution, behavior, and other factors – the judge can decide whether you get more or less than half of the marital property. To minimize stress, anxiety, and uncertainty about property division, hire an experienced divorce attorney to help you get what you deserve.

6. Should Litigation Expenses Be a Reason for Concern?

Litigation expenses can vary. The amount of money you must pay to go through divorce depends on the complexity of your case and the attorneys you hire. To avoid spending your entire share of marital property on attorney and cost filing fees, choose divorce lawyers who work on a contingency basis and charge minimal or no upfront payments.

7. I Feel Uncertainty and Uneasiness About Life as a Single Person – What Should I Do?

Although litigation is retrospective by design (seeking to resolve the past), you should not be concerned about your future if you entrust your case to the professionals. An experienced attorney can help you find purpose in living as a single person (or in a new relationship) after divorce. Your lawyers should be at your disposal after the process, helping you connect with psychologists and other experts. Sometimes your attorney can make a difference simply by being compassionate and listening to your concerns.

Let Our Experts Help You

At Cooper Trachtenberg Law Group, LLC, we pride ourselves on practicing law for over three decades.

Our Illinois-based law firm consists of experienced, compassionate and thoughtful family law professionals who can help you cope with all emotional challenges during the divorce while constantly seeking to resolve your case, delivering the best possible outcomes.

We are here for you before, during, and after the divorce.

Reach out to us today at 847-995-8800 to discuss how we can help.

Separation and Divorce

Marriage crises can affect any couple. Regardless of how long or fulfilled your marriage is, stop nurturing it – and you will experience stagnation and alienation. Living in marital communion is a two-way street. Good, healthy marriages require continuous and mutual effort, vigilance, and dedication to succeed.

Sometimes our efforts to maintain a happy marriage fail, and we seek a way out. The dissolution of a marital relationship is a challenging time for everyone involved. In Illinois, the dissolution of marriage can take two forms: legal separation and divorce. Many couples choose legal separation for personal, financial, or religious reasons (health insurance, taxes, government benefits, and marital property division).

However, some spouses can decide to separate informally before taking the next step toward divorce or legal separation (as an alternative to divorce). Spending time separately helps spouses recalibrate and consider all options cool-headedly.

In the United States, 87% of couples who separated ended their marriage by divorce. Only 13% of couples reunited after spending time in separation. In 2019, the divorce rate was 2.7 per 1,000 people, which equals 746,971 divorces in America annually.

Whether you are considering divorce or need time alone, collaborative law is a win-win solution for all separating couples.

Why Is Collaborative Divorce a Win-Win Solution for Separating Couples?

Collaborative law is an alternative to traditional divorce litigation. In 2018, Illinois adopted the collaborative divorce method by passing the Collaborative Process Act, which governs the central principles of divorcing out of court. As an alternative dispute resolution method, collaborative divorce offers multiple benefits to separating couples. The main focus is on the collaboration between the parties and their attorneys. That is a stark contrast to adversarial litigation, in which parties take opposite positions and engage in a vindictive all-or-nothing court process. During collaborative divorce, couples cooperate out of court to achieve satisfactory outcomes. Each party retains an attorney, but unlike litigation, collaborative attorneys work shoulder-to-shoulder to bring positive results to their clients.

What Are the Goals of the Collaborative Process?

The main goal of collaborative divorce is resolving family-related matters out of court and far from institutional decision-making centers. Instead of litigation (which aims to explore the past), collaborative divorce is future oriented. Its underlying principles include integrity, transparency, cooperation, honesty, and professionalism. The method seeks to minimize the harmful effects of separation for spouses, children, and everyone else involved. It promotes settlement as a dispute resolution method. One of the principal goals of collaborative divorce is ensuring an effective co-parenting relationship after separation. In addition to preparing spouses to remain devoted parents after the dissolution of marriage, the process restores and strengthens their confidence and self-image, healing them emotionally and preparing them for single life.

Resolving Matters Out-of-Court

The process starts when parties and their collaborative attorneys sign a Collaborative Participation Agreement. The agreement outlines the  roles of the collaborative attorneys,  and the separated couple. The key to understanding collaborative divorce is that the process is voluntary, informal, and free of external compulsion. The parties exchange information in informal meetings and communications. Unlike rigid litigation rules (discovery, depositions), parties in a collaborative divorce cooperate closely to achieve mutually beneficial results.

Good-Faith Efforts

By signing the participation agreement, the parties promise to conduct themselves in good faith and use their best efforts in settling. They agree to disclose all material information (income, debts, assets, accounts) voluntarily. As mentioned, there are no coercive litigation mechanisms (such as discovery) compelling the parties to share relevant information. Collaborative divorce relies on informal communication, counting on integrity and honor. The only formal mechanism is affidavits (statements under oath). The key to collaborative divorce is transparency and creating an atmosphere of trust. The process starts with a four-way conference. The conference enables parties to achieve a free flow of information. During the initial meeting separating spouses sign a participation agreement, committing themselves to invest utmost efforts in reaching satisfactory outcomes.

Children’s Well-Being

Ensuring the children go through separation and divorce without harm is one of the central aspects of collaborative divorce. The process involves mechanisms for preserving children’s psychological and emotional integrity. The separating couples invest efforts to shield their youngest family members from the effects of marriage dissolution. In addition to involving child psychologists the process employs other measures to protect children from unnecessary stress and trauma. To that end, settlement discussions involve children only if parents agree (after getting approval from the child specialists).

Who Is on A Collaborative Divorce Team?

Experienced professionals and consultants play a decisive role in collaborative divorce. Dealing with marital property division, complex assets, child support, child custody, alimony, and other issues requires special knowledge that state-appointed judges often lack. Therefore, the collaborative process includes various experienced professionals, such as child specialists, forensic professionals, financial consultants, and psychologists. Collaboratively trained lawyers have the necessary skills to communicate and cooperate with the professional team. In contrast to litigated approaches (where each party retains its team), participants use the so-called joint professional teams. They provide knowledgeable opinions that serve both parties as a factual basis for negotiations. However, their findings are not admissible in future litigation, nor can the same professionals participate in the potential court process between the parties.

Control Over the Process

In collaborative divorce, parties have control over the process. Unlike the courtroom, where a state-appointed judge decides the destiny of the parties, the out-of-court collaborative law focuses on spouses. They control the outcome by determining the dynamics and direction of negotiations. In addition, they can change collaborative attorneys at any time or abandon negotiation efforts. The sense of control coming from the approach of the collaborative process motivates the parties to invest their best efforts in resolving the dispute.

The Role of Collaborative Attorneys

Collaborative attorneys are different from their litigation counterparts. Instead of representing their clients in a zero-sum court battle, collaborative attorneys work together to achieve mutually agreed-upon solutions for separating couples. That includes sharing information and revealing all material facts that foster negotiations and lead to settlement. If either party fails to disclose relevant information or misrepresents material facts, collaborative attorneys must resign from the case. In that situation, attorneys cannot represent the same clients again, including a new collaborative process or potential litigation. In addition to providing legal assistance, collaborative lawyers ensure integrity and transparency, cooperate with the appointed team members and consultants, and offer emotional support to their clients. However, they can withdraw from the case at any time. The Illinois Collaborative Process Act allows attorneys to leave without providing reasons. Their only obligation is to notify the other party and their attorney in writing. In that case, the party can continue the process alone or hire a new collaborative lawyer.

Confidentiality

In contrast to litigation, in which everything is public information and during the divorce process becomes part of the public record, collaborative divorce is confidential. Everyone involved must keep all information secret, including potential future litigation (if the collaborative process is unsuccessful). The only exception is information about child abuse, irreversible financial damage, or other information violating the rules of professional conduct for collaborative attorneys.

Achieve a Win-Win Solution with the Right Collaborative Attorneys

At Cooper Trachtenberg Law Group, LLC, our lawyers are committed to excellence, integrity, and honesty in representing clients in every divorce case.

Our attorneys have more than three decades of valuable experience providing collaborative law services in the Chicagoland area. Their dedication, commitment, and professionalism are unmatched by the competition. Our attorneys are specially trained by Collaborative Divorce Illinois, the voluntary professional association dedicated to educating the public about collaborative law and to training attorneys and other professionals in collaborative processes.

Call our office today at 847-995-8800 to schedule your appointment. The first 20-minute consultation is complimentary.

Despite many experts predicting that the COVID-19 pandemic would drastically affect divorce rates, the number of divorces has mostly stayed the same. However, lockdowns and the new reality of working from home caused many couples  to remain together, regardless of the multiple challenges, uncertainties, and mental health crises many people experienced during the first year of the pandemic.

But how do divorce statistics and trends look in 2022? The year is nearing its end, so let us look at the numbers and typical causes of divorce for the last twelve months.

Divorce Statistics in 2022

In 2022, the divorce rate in America was 2.3 per 1000, which is a decline compared to previous decades, especially between 1960 and 1990. Contrary to experts’ predictions, the divorce rate in America fell by 12% during the COVID-19 pandemic.

The divorce rate among couples aged 25-39 is 24 per 1000 persons. Older couples divorce less frequently – there are 21 divorces per 1000 persons among adults between 40-49 years of age, while the divorce rate for couples older than 50 is 10 per 1000 adults.

In Illinois, the top five cities with the highest divorce rate in 2022 are Mattoon (18%), Harrisburg (18%), Calumet Park (17%), Herrin (16%), and Creve Coeur (16%).

Illinois Divorce Trends 2022

The year behind us was full of challenges, especially for couples experiencing marital crises. The divorced spouses also had their share of struggles. However, everyone dealing with divorce experienced common causes and issues in the first post-pandemic year. Here are the most typical divorce and post-divorce trends in 2022:

1. Narcissistic character traits are the leading factor contributing to divorce. Living with a narcissistic spouse will inevitably cause marital problems and potentially harm the marriage. Most divorces in 2022 result from an abusive relationship in which one spouse is a victim of their narcissistic partner. Narcissistic personalities make life harder for everyone around them, especially their intimate partners. They tend to view people in their life as a means of satisfying their needs. Narcissists are possessive and aggressive, thinking they have the right to dispose of other people’s lives as suits them. Being insensitive to their spouse’s emotional well-being, they engage in various forms of abuse. During the marriage, a narcissistic spouse will scold their partner for pursuing their career, taking time for themself, or seeing  friends. After the divorce, a narcissistic ex-spouse will prevent the partner from seeing children or continuing with life in a new relationship.

2. Alienation between parents. In 2022, parental alienation is one of the main reasons causing a marriage crisis. In many cases, one of the parents is a narcissist who abuses their spouse, which naturally leads to alienation. There are also other factors that make parents feel like strangers to each other. Parents of little children often feel overwhelmed, exhausted, and unable to nurture their relationship. Over time, they do not feel the intimacy and affection that brought them together in the first place. When kids grow up, spouses who disregarded their relationship and let alienation take root do not feel like spending the rest of their lives with a person they consider a stranger. After the divorce, parental alienation can pose more serious problems. Narcissistic spouses often prevent their partners from seeing children or invest significant efforts to make their communication more difficult.

3. Medical issues play a decisive role in the post-pandemic world. Making medical decisions for their children has always been one of the issues over which many spouses disagreed. When the pandemic hit, spouses had to decide whether to take vaccines. That was not an easy decision (especially in the early days of the vaccine campaign), considering various health, social, and religious considerations. After the vaccines became available for children, many parents found themselves in uncharted decision-making territory. There are families where one parent wanted children to receive COVID-19 vaccinations as soon as possible, while another refused to give consent due to health or ethical concerns. Diverging views on these and other medical-related issues represent one of the leading causes of marriage crises and divorce.

4. Financial troubles are central to discord at all times. Regardless of economic and health crises, financial disagreements have always been a source of conflict for many spouses. Nothing has changed in 2022. Following the pandemic, many families experienced significant financial losses. Many spouses lost their jobs due to layoffs, while others experienced investment failures in the shaky investment marketplace.Very few marriages are immune to sudden largescale financial blows. Many couples cannot accept changing their daily routines to adapt to new circumstances. That causes disagreements and conflicts, which can lead to a divorce.

5. Custody-related problems. The leading trend for divorced spouses in 2022 was parenting time allocation and custody modification. Once the divorce process conscludes, the parents must carry on with their lives. However, their reality is different and more complex. While each spouse wants to start a new chapter in life (and sometimes forget about their ex-spouse), they must, ideally, maintain a productive co-parenting relationship. Doing this is in their children’s best interest. Post-divorce challenges typically result from different views on parenting time allocation. Each parent wants to spend more time with their kids. Sometimes the other spouse prevents the other from seeing children, and they must seek the court’s intervention. The same goes for custody modification. Life’s circumstances change and preserving children’s well-being sometimes requires changing custody arrangements.

6. Relocation. The work environment is different in the post-pandemic world. Even with most restrictions lifted, many employers continued their work-from-home policies. Since working from home is more affordable, many employees moved to other locations. While it makes earning a living easier, relocation creates challenges for divorced parents, making it difficult to engage in an effective co-parenting relationship. Moving away from where one’s children live with a custodial parent means a parent will not be able to see them as often as before. Relocation can cause problems for married couples as well. Moving to another city can be suitable for one spouse while creating difficulties for the other. That causes marital friction and a potential divorce.

7. Prenuptial agreements are on the rise. 2022 brought a sharp increase in new marriages. There were 2.6 million weddings this year in the United States. Many couples waited for the COVID-19 restrictions to ease so they could organize their dream wedding. Prenuptial agreements have increased in popularity as a result of new marriages.

Entrust Your Case to Professionals

Cooper Trachtenberg Law Group, LLC is an Illinois law firm practicing family law since 1988.

No matter what caused a marriage crisis, we help couples proceed through the strategic steps through a divorce without additional stress. Our legal team offers a custom-tailored service that fits each unique situation. Whether a couple chooses litigation, mediation or collaborative divorce, we can help you..

Reach out to us today at 847-995-8800 to discuss your circumstance and case.

Options in Divorce

To many people, Divorce is a daunting word. But like any daunting concept, it helps to break it down into parts to really understand it. This can help clear up confusion and answer questions, and it can also alleviate some of the apprehension toward the process.

The word Divorce is an umbrella term, meaning it arches over smaller types of agreements and settlements that are necessary for two parties to dissolve their marriage. Under this larger umbrella are the parties separating, and depending on which type of agreement one chooses, the supporting cast may vary.

The most basic part of most divorces is a negotiation. Negotiation is used to describe the process by which the terms of a divorce are settled. It is limited to the bare bones of the parties’ interests and what is being represented on each side. Negotiation seeks to remove the emotion from the context of the process, focusing instead on technical interests like money, custody, property, and parenting decisions and time spent by each parent.

Mediation is a process is different than a simple negotiation, as it involves the divorcing parties working with a qualified neutral mediator to assist a couple in reaching a resolution and may occur at any point during a divorce. A mediator may or may not be an attorney. some mediators may be social workers or psychologists. Qualified and certified mediators generally serve as go-betweens for the divorcing parties, who rely on the mediator’s skills to help them reach the best possible outcome. The mediator may navigate between two separate rooms to help parties reach a settlement. At the end of the mediation, both parties will sign off on an agreement. This may occur over several sessions until an agreement is reached. If no agreement is reached, the parties may then go to litigation. Either way, an attorney is in the best position to prepare the final agreements to settle. The attorneys at Cooper Trachtenberg Law Group, LLC, are certified mediators and can navigate the mediation as well as prepare the documentation consistent with the law.

Collaborative Divorce is a type of divorce that addresses both the legal and holistic needs of the divorcing parties. This type of divorce allows the parties to settle their proceedings without going to court. During Collaborative Divorce, a Collaborative Lawyer, sometimes called a Collaborative Law Fellow, facilitates the separation and negotiation process. This may occur in conjunction with other specialists, such as neutral Financial Specialists, Child Specialists and Divorce Coaches. The separating parties first sign an agreement to proceed amicably to reach the best possible outcome for both sides. The cooperative nature of a Collaborative Divorce allows for an amicable, supportive environment. The couple is assisted by the lawyer and specialists in a series of meetings—which take less time than court proceedings—and is spared from having to negotiate or litigate in court. Overall, the parties have greater control of the process, and the outcome is more favorable.

The attorneys at Cooper Trachtenberg Law Group, LLC. are versed in all forms and parts of the divorce process. Whichever type of agreement clients seek, the attorneys will provide comprehensive expertise tailored to the client’s specific needs. The attorneys at Cooper Trachtenberg Law Group, understand the intimidating nature of entering a divorce and offer quality, customized representation to address our clients’ unique processes.

by Miriam Cooper