What Makes an Illinois Divorce Complex in Nature?

 Posted on May 29, 2020 in Illinois Divorce

When two people get married, they rarely think at the time that they might get divorced. However, statistics show that 40-50 percent of all U.S. marriages end in divorce. In some cases, a couple may be married for three years and split up after one spouse has engaged in an extramarital affair. In other situations, partners who have been together for 20 or 30 years may realize they have nothing in common after their kids leave and they find themselves “empty nesters.” Regardless of how long a marriage lasts, some of the same issues will need to be addressed before spouses can legally terminate their marriage. There are several characteristics that can make a divorce complicated when it comes to making determinations in how the marital estate will be divided.   

Child-Related Issues 

With multiple issues to resolve, a couple may have trouble agreeing on certain matters. This can include child-related issues if they have young kids, such as the allocation of parental responsibilities (child custody) and parenting time (visitation). Both parents may want to have equal decision-making authority and spend as much time with their children as possible. If spouses cannot agree on an arrangement, the court will intervene and make a decision based on the best interest of the children. Co-parenting can be especially difficult when spouses harbor resentment or anger toward each other

Division of Assets 

One of the most contentious aspects of a divorce is the division of the marital estate. Splitting up property and assets can cause many disputes. Illinois is an equitable distribution state, which means marital property is divided in a fair way but not necessarily completely in half.  

When a couple has vacation homes or luxury vehicles, this can complicate matters with determining who gets what. One spouse may also be entitled to a portion of the other spouse’s retirement accounts. On the other hand, if one or both spouses rack up significant debt, that also has to be split during the divorce

Spousal Maintenance

Complex divorce cases often involve couples who have high-value assets. This can include large investments, substantial savings, and business ownership. In some of those marriages, one spouse may have been a stay-at-home parent and given up a career to raise a family while his or her partner climbed the corporate ladder or pursued a graduate degree. When contemplating life after divorce, it can be daunting to think about starting over, especially if one person has to re-enter the working world. In determining if spousal support should be awarded in an Illinois divorce, the court will consider several factors, such as:

• Income and assets of each party
• Each party’s needs 
• Standard of living during the marriage

Contact a St. Charles Divorce Lawyer

Divorce under any circumstances can be painful. In many cases, the proceedings can be complex for many reasons, such as accusations of infidelity, high assets, or expensive marital properties. The experienced legal team at Weiler & Associates, Inc. are prepared to advocate on your behalf and protect your rights. Our dedicated Kane County asset division attorneys will provide fair legal representation so you can obtain a favorable outcome. To schedule a private consultation, call us today at 630-331-9110.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=3700000&SeqEnd=5200000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=8300000&SeqEnd=10000000

http://www.ilga.gov/legislation/ilcs/documents/075000050K504.htm