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Because older couples have had more time to accumulate assets and are closer to nearing retirement, they have special considerations in their divorce. Some of the unique issues that older couples may confront include:
Having a criminal record can negatively impact a parent's chance of being awarded custody. However, the circumstances surrounding any prior convictions and other factors can influence how much impact any such convictions have.
An Illinois Guardian Ad Litem (GAL) serves as a witness to the court in legal matters that involve children. The court will base their decisions on child custody, visitation privileges, and child support on what the best interests of children. Courts appoint a GAL to observe children in their normal environment as they go about their daily routines.
Pensions, which must be divided in Illinois divorces, may not be offset by the other spouse's future expected Social Security benefits. The amount of a spouse's future Social Security benefits may not be used to reduce the amount of marital assets that he or she receives in the property division portion of the divorce. This is true even in cases in which one spouse only makes contributions to Social Security while the other contributes to a government pension. Social Security may not be used to equalize the division of property in Illinois. Divorce lawyers may work to help their clients to negotiate fair property settlements that protect their clients' interests, including the division of pensions, retirement accounts, real estate and all other assets from their clients' marriages.