The Law Offices of Jesse V. Barrientes The Law Offices of Jesse V. Barrientes 2026-09-30T19:46:28Z https://www.barrienteslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1300247/2020/03/cropped-favicon-32x32.png On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[3 mistakes to avoid in a gray divorce]]> https://www.barrienteslaw.com/?p=48033 2026-09-30T19:46:28Z 2026-09-30T19:46:28Z When you thought about what your life would look like during your golden years, divorce likely wasn’t part of the equation. But sometimes, as couples grow older, they realize they have little in common once their children have left home. But divorcing later in life can create unique challenges, and the stakes are high. A decision that seems relatively minor during the divorce process can have significant consequences for years to come. Here are some common mistakes to avoid.

1. Focusing only on the value of your assets

Dividing assets is more than just adding everything up and splitting it in half. Before you can divide any property, you often need to classify it as marital or separate.  However, that distinction can become complicated after a long marriage. A couple may have accumulated a home, retirement accounts, investments, businesses and other property over several decades. Some of those assets may have been owned before the marriage or received through inheritance, while others have changed in value during the marriage. Furthermore, an asset's value doesn’t always reflect its financial worth. For example, $100,000 in a retirement account isn't necessarily equivalent to $100,000 in cash. Taxes, withdrawal rules and other factors can affect its true worth.

2. Overlooking retirement accounts and pensions

Many people going through a gray divorce are retired or nearing retirement. After decades of working and saving, you and your spouse may have accumulated substantial funds in 401(k)s, IRAs, pensions or other retirement benefits. Depending on when and how you earned those benefits, some or all of their value may be considered marital property. Many retirement accounts require a Qualified Domestic Relations Order (QDRO) to transfer funds from one account to another. If someone tries to transfer the money without one, they could end up paying taxes and penalties for early withdrawals. Pensions can be especially complicated because their value often depends on factors such as the employee’s years of service, retirement date and benefit formula. Any divorce settlement should be evaluated both in terms of what each spouse receives today and how the settlement affects each person’s ability to support themselves during retirement.

3. Forgetting about Social Security

Social Security benefits are another important consideration during gray divorces. In some circumstances, a divorced spouse may be eligible to receive benefits based on their ex-spouse’s work record. Eligibility depends on factors such as the length of the marriage, the person’s age, marital status and their own work history. Divorce after 50 involves more than dividing what you and your spouse accumulated during your marriage. It may affect your retirement, housing and financial security for decades to come. Before agreeing to a divorce settlement, you need to understand your rights and all your options.  ]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Does your child understand parenting time?]]> https://www.barrienteslaw.com/?p=48030 2026-09-19T20:12:06Z 2026-09-19T20:12:06Z tips for explaining the parenting time schedule.

Reassure them of your love

When you sit down with your child, if possible with both of you present, you need to reassure them of your love. Let them know this plan allows them to spend quality time with each parent and that they belong in both homes.

Keep it simple

Use simple language when discussing parenting time with your child, especially if they are younger. Use words that clearly explain their daily life and how exchanges will be done. This helps them follow the conversation and ask questions.

Use visuals

A color-coded calendar shows your child which days they will be in each home. Pick a color for your home and another one for the other parent’s home. Then, mark the days with the different colors. You can do two weeks together and ask them to do one week by themselves as an exercise. Moreover, you can use stickers or magnets for special events, such as exchange days, extracurricular activities, movie nights, birthdays, Christmas and so on. Hanging a physical color-coded calendar on the refrigerator or on a wall in the child's bedroom in both homes ensures they can easily track days.

Confirm that they can access both parents

Your child may be thinking they can’t contact their other parent when they are with you and vice versa. Thus, make sure that they know they can communicate with either parent regardless of which home they’re in. A child who is about to start moving between two homes needs to understand their expected routines. Having experienced legal guidance can help you learn about other ways to protect your child’s interests.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Back-to-school custody tips for divorced parents]]> https://www.barrienteslaw.com/?p=48029 2026-09-05T03:44:28Z 2026-09-05T03:44:28Z The start of a new school year often means new clothes, school supplies and extracurricular activities. While it can be exciting for children, it also creates new challenges for divorced and separated parents. For parents who share parenting time, a little planning at the beginning of the school year can prevent many disagreements later. Here are some co-parenting tips to make the transition easier for everyone.

1. Review your parenting plan

Your child’s school schedule may be different from their summer schedule. Review your parenting plan so both parents understand how parenting time will work, such as:
  • Which parent is responsible for school drop-off and pickup
  • Where the child will stay on school nights
  • How holidays and school breaks may affect the regular parenting schedule
  • Who is responsible for extracurricular activities
  • How to handle schedule changes
Both parents should follow the existing parenting schedule unless they agree to a different arrangement or obtain a modification through the court.

2. Make sure both parents have the school calendar

It’s essential that both parents have access to the child’s school calendar, which includes important information about holidays, winter and spring breaks, field trips, school performances, early dismissals and parent-teacher conferences. Having the same information can help prevent missed events and last-minute conflicts.

3. Keep school supplies at both homes

Children who move between two households need to keep track of homework, sports equipment and other belongings. Consider keeping duplicate basic supplies at each home. This may seem like a small issue, but reducing the number of belongings that children have to remember can make moving between homes less stressful.

4. Plan for extracurricular activities

Sports, clubs, music lessons and other activities can make a child’s schedule much busier during the school year. Before enrolling your child in a new activity, consider how practices, games, rehearsals and competitions will affect both parents’ parenting time. If an activity regularly occurs during the other parent’s scheduled time, disagreements may arise. Parents should discuss extracurricular activities and how transportation, costs and attendance will be handled. A successful school year requires cooperation from both parents. If you are dealing with repeated disagreements over parenting time, school decisions, transportation or extracurricular activities, you may need to speak with a legal professional. Getting these issues addressed early can help give your child the stability they need for a successful year.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Will a divorce affect your inheritance?]]> https://www.barrienteslaw.com/?p=48027 2026-08-19T15:16:46Z 2026-08-19T15:16:46Z When someone receives an inheritance, it can really change how they view their future. A person’s parents may leave them enough money so they can retire whenever they want, giving them flexibility in their careers and long-term financial stability. But what happens if you are going through a divorce? If you have already received an inheritance from your parents, does the divorce mean you are going to have to split the money with your ex? Or should the inheritance stay with you, even after the marriage ends?

Is it a marital asset?

The key thing to remember is that marital assets generally do need to be divided, while individuals can keep separate assets. When you first receive an inheritance, as long as it was not given to both you and your spouse jointly, it is likely a separate asset. Your parents intended it to be a gift for you, and you own it exclusively. If you kept the money separate so that only you had access to it, it likely retains that status. Even during a divorce, you still keep the inheritance. But if you commingle the inheritance with other financial assets, then it may become a marital asset. For instance, maybe you and your spouse had a joint investment account and you put the inheritance in it to let the money grow. Your spouse may be able to argue that the investment account is a marital asset, so the entire fund has to be divided.

Property division disputes

Issues like this often lead to conflicts during a divorce, especially with a significant inheritance. Be sure you know what legal options you have at this time.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[What is empty nest syndrome in gray divorce?]]> https://www.barrienteslaw.com/?p=48026 2026-08-10T14:59:20Z 2026-08-10T14:59:20Z When the topic of gray divorce comes up, people often focus on finances, retirement or the challenges of ending a marriage later in life. Yet the departure of adult children from the family home can also change how some couples experience their marriage. This transition is sometimes associated with empty nest syndrome, which describes feelings of sadness, loneliness, loss or uncertainty that some parents experience after their children move out. It is not a clinical diagnosis, but it can represent a significant emotional adjustment.

Why can an empty nest affect a marriage?

Raising children can shape a couple's routines, responsibilities and sense of purpose for many years. Once the children leave, parents may suddenly have more time together and fewer shared parenting responsibilities. For some couples, this creates an opportunity to reconnect. They may travel, pursue shared interests or rediscover parts of their relationship that received less attention while raising children. For others, the transition can expose problems that were previously less noticeable. A couple may realize that much of their connection centered on parenting rather than their relationship with each other. Existing communication difficulties, emotional distance or unresolved disagreements may become harder to ignore. The transition can also affect spouses differently. One person may welcome greater independence while the other struggles with loneliness or a loss of purpose. These different reactions can create additional tension, particularly if the couple has difficulty discussing what they want from the next stage of life. Empty nest syndrome does not mean that divorce is inevitable. Many couples adjust successfully and develop a different relationship after their children become independent. However, for spouses who were already experiencing marital difficulties, the transition may prompt deeper questions about whether they still share the same goals, interests and expectations. When those questions contribute to separation, the couple may be facing a gray divorce, generally referring to divorce later in adulthood. Ending a long marriage can involve significant decisions about property, retirement assets, finances and future living arrangements. If an empty nest has changed how you view your marriage and you are considering gray divorce in Illinois, take time to understand the practical consequences of ending a long-term marriage. You may also want to seek legal guidance before making decisions that could affect your financial future.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Can you mediate a divorce if it has already been filed in court?]]> https://www.barrienteslaw.com/?p=48025 2026-07-24T12:35:22Z 2026-07-24T12:35:22Z The door for mediation is not closed after filing Filing a divorce petition starts a court case, but it does not force every issue toward a trial. Illinois law lets courts order or recommend mediation for parenting disputes, and many counties run their own out-of-court session programs for this purpose. Couples can pause litigation, sit with a neutral mediator and work through parenting time, decision-making or property issues.

Mediation fits into the opening case

Once spouses open a case, the court still expects updates on their progress. A judge may pause hearings while the parties mediate or set a status date to check how talks are progressing. If parents reach an agreement, their legal representatives draft a marital settlement agreement or parenting plan and submit it for the judge’s approval.

Reasons for choosing mediation

Co-parents often choose collaborative talks mid-case for several practical reasons:
  • Lower stress for kids: Children sense conflict, and mediation keeps disagreements out of a courtroom setting.
  • More control over outcomes: Parents shape their own agreement instead of leaving every decision to a judge.
  • Faster resolution: Mediated sessions often move more quickly than waiting for court dates.
These benefits offer families a realistic, structured alternative to prolonged courtroom conflict, though they do not guarantee an easy process.

Finalizing a mediation agreement

Settlement discussions may not solve every issue at once. Spouses can mediate parenting time while leaving property division for negotiation or a hearing. Illinois courts accept partial agreements, and any unresolved matters simply continue through the standard litigation process. Turning the agreement into a court order If mediation succeeds, the agreed terms are drafted into a written agreement. Each spouse must have independent legal counsel review the agreement before signing. The document is then submitted to the court for approval. A judge must approve the settlement before it becomes part of the final divorce judgment. If the agreement includes parenting issues, the court will confirm that the arrangements serve the child's best interests. Understanding these early options allows families to make informed decisions and pursue a path that best supports their future.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Can children choose how their parents will share custody?]]> https://www.barrienteslaw.com/?p=48023 2026-07-10T00:47:44Z 2026-07-10T00:47:44Z Children have input, not control Judges hearing contested custody cases must review many details about the family, including the age of the children, the existing relationships and even familial schedules when deciding how to allocate parental rights and responsibilities. In addition to considering details about the family unit, judges can also factor in the preferences of the children in the family. There is no specific age at which a child has the right to provide information about their preferences. While judges do take the wishes of children under advisement when settling custody matters, children do not have the right to decide how much time they spend with each parent or even which home is their primary residence. Their wishes can influence the final order, but judges and parents have the final say. Learning more about what factors affect the allocation of parental rights and responsibilities can help people prepare for court or recognize the value of reaching an amicable arrangement without litigation. Discussing state law and family circumstances with an attorney can help parents understand how judges settle custody disputes.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[How can going through a divorce impact your credit?]]> https://www.barrienteslaw.com/?p=48019 2026-07-02T09:42:03Z 2026-07-02T09:42:03Z Going through a divorce doesn’t directly affect your credit; however, there are some situations that might occur that could have a negative impact on your creditworthiness. These typically stem from the financial changes that occur when you end the marriage.  One primary factor is the continuation of payments on credit accounts, all of which will have to be handled during the property division process. All marital debts have to be paid off or divided before the marriage can legally end. Paying off the debts, if possible, can reduce the risk of your ex’s actions impacting your credit.

What happens if the debts are assigned?

If debts are assigned to a party during the property division process, that person is responsible for paying the debt. Unfortunately, creditors don’t have to follow that order because they weren’t part of the property division process. This means that if your ex is assigned a debt and doesn’t pay for it, the creditor can report the missed payments on your credit report even though the debt wasn’t assigned to you. 

How can you prevent negative credit impacts?

Besides paying the debts off during the property division process, negative credit impacts might be minimized if both parties are required to transfer the accounts they’re assigned to an individual account. Creditors don’t have to automatically do this, so it’s typically only possible if the person who is assigned the debt has an income and credit history that allow them to make this transfer.  Remember, the marital debts are only one part of the property division process. Looking at the situation as a whole may be beneficial so you can make decisions that you feel are in your best interests.   ]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[What are the benefits of stepparent adoptions?]]> https://www.barrienteslaw.com/?p=48018 2026-06-16T12:21:17Z 2026-06-16T12:21:17Z Stepparents are the cornerstone of some families, which may lead to them developing a deep bond with their stepchildren. In some cases, it may be decided that the stepparent should adopt the children.  A stepparent adoption is a legal recognition of the relationship between the adult and the child. This process can be particularly meaningful for the stepparent and the child. Taking the time to consider the benefits of a stepparent adoption may make the decision a little easier. 

Stability for the child

One of the clearest benefits of a stepparent adoption is that the children can have an increased sense of stability. After the adoption, the stepparent is the child’s legal parent. This gives them the legal ability to handle many things for the children. For example, they can handle matters related to education, medical care and extracurricular activities. Additionally, they can serve as an emergency contact and have the ability to make decisions for the children. 

Inheritance benefits

Another benefit is that the child may be eligible for inheritance benefits. Once the adoption occurs, there may be inheritance rights that weren’t present before the adoption was finalized. The adoption can also mean the child is eligible for certain survivor benefits. 

Stepparent adoptions in Illinois

Illinois recognizes that family-based adoptions are different from adoptions that aren’t family-based. Under the Illinois Adoption Act, an investigation isn’t necessary if a petition is for a related child; however, the court may still order one if it deems one necessary.  Stepparent adoptions can be complex, but the process might be easier if you’re working with someone familiar with these situations. When handled properly, this process can lead to more than just a legal order. Instead, it’s a legal tool to strengthen the family’s bond.   ]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[3 ways custody mediation benefits children]]> https://www.barrienteslaw.com/?p=48017 2026-06-05T02:14:38Z 2026-06-05T02:14:38Z 1. Reduced parental conflict Disputes between parents as they negotiate custody, property division or other matters can cause intense psychological stress for their children. Mediation promotes a more amicable approach to custody matters, which can shield children from unnecessary conflict.

2. Eliminating preference inquiries

If parents litigate custody matters, older children and teenagers may sometimes need to express their preferences to a judge or other family law professional to help ensure the final ruling considers their wishes. If parents settle their custody disputes in mediation, their children are not in a position where they must state their preferences publicly. That can eliminate a major source of stress.

3. Protection from adult details

Parents litigating custody issues often need to consider many specific family issues, such as substance abuse or personal instability. Mediation is confidential, which allows parents to discuss important matters in a setting where their children don't overhear any testimony and cannot later access records from the court hearings to learn unsavory details about the family. Using mediation to resolve custody disputes can be a smart solution for parents. Everyone in the family benefits when parents settle their custody disagreements peacefully.]]>