Divorce Law Trends to Watch as We Wrap Up 2024

As we get ready to begin 2025, we’re taking a look at some recent divorce-related trends that have emerged in the last couple of years. The Fulton divorce attorneys at McCabe Russell, PA, continuously remain up-to-date on these trends, which allows us to better guide clients through their divorces. Today, we discuss eight key divorce trends to keep in mind for the remainder of 2024 and the beginning of 2025.

1.     Gray divorces continue to be on the rise

According to a recent article published by U.S. News, gray divorces continue to be on the rise across the country. A gray divorce is a divorce between two people who are 50 years of age or older. The article states that the divorce rate for couples who are 65 and older went from five percent in 1990 to 15 percent in 2022, which means it has tripled. There are many reasons behind this big change, such as financial problems, empty nest syndrome, health issues, infidelity, changing societal expectations, and simply growing apart.

2.     The overall divorce rate has decreased

While gray divorces are on the rise, the overall divorce rate has decreased. In 2021, the divorce rate was 2.3 per 1,000 people, and in 2022, it stayed about the same at 2.4 per 1,000 people. The number is expected to keep dropping. Over 40 years ago, the divorce rate was 5.1 per 1,000 people, which means the divorce rate decreased by more than half in the four decades. Some of the reasons why divorce rates may have decreased are that more people are cohabiting before marriage, more couples are seeking marriage counseling before calling it quits, couples are waiting longer to get married, and more.

3.     Divorcing couples prefer alternative divorces

Divorcing couples are preferring alternative divorces over traditional divorces. This means that more couples are choosing easier or more simplified divorces, such as mediation and collaborative divorce, over the traditional route to divorce. Both of these divorce options are usually more affordable and offer quicker resolutions.

However, in order to be most successful in a collaborative divorce, you and your spouse must be committed to the process and strive for minimal conflict, which allows you both to reach and develop agreements outside of court. In mediation, a third party communicates back and forth between both parties to determine an agreement on certain topics, such as child custody, child support, property division, alimony, and more. In a collaborative divorce, the couple is assisted by their attorneys and other professionals to help them negotiate and come to an agreement on these same topics.

4.     Child custody plans tend to be flexible

Parents going through the divorce process and developing child custody plans are generally met with a more laid-back atmosphere. While child custody plans used to be very strict and straightforward, a lot of child custody plans today are flexible. This gives parents the opportunity to develop and customize their own agreements based on their needs and wishes. They must still stick to the agreements put in place, but a lot of parents are able to include unique activities and obligations in their custody plans.

For example, one parent may have a work conference twice a year. They may include this work event in the child custody plan, which allows both parents to come to a flexible agreement on how to alternate if the work conference falls on that parent’s day or week with the child.

5.     New types of careers, work, and income are changing child support and alimony

More people are relying on gig work, freelance work, and independent contract work to stay afloat. As of 2024, more than 41 million people are involved in some type of gig work, and over 36 percent of the workforce are freelancers. These types of careers, work, and income are being taken into consideration when determining child support and alimony. This gives individuals who rely on this type of work a more flexible and fair option when it comes to providing child support or spousal support.

6.     Equal child custody arrangements are more common

Although many courts in the past used to side with one parent over the other, equal child custody arrangements are much more common today. This is because most courts believe that children benefit from having an equal relationship with both of their parents. If you are under the impression that you will win full custody of your child, you should speak with your family law attorney and see if this is a realistic possibility. While there are still some rare situations that could result in one parent getting full custody, it is more likely that you will need to find some kind of compromise.

If you are contemplating getting a divorce, please do not hesitate to get in touch with a Fulton divorce lawyer at McCabe Russell, PA, at your earliest convenience. We know how challenging it can be to go through the divorce process, which is why we are dedicated to learning and becoming informed about various trends and using this knowledge to help our clients understand how they can affect their divorce proceedings. Call our office or submit our contact form to schedule a consultation in Fulton, Bethesda, Rockville, or Columbia today.