Factors that Complicate Divorce

 Posted on February 25, 2021 in Family Law

Even the simplest divorce cases have the potential to become stressful and drawn out. Certain factors though, can exacerbate this process and complicate a divorce case. When these factors are involved, the divorce process not only becomes more costly, but also more stressful and will take more time. People going through the process cannot always control these factors and that can make a divorce even more stressful. An experienced divorce lawyer can advise on these factors, and take some of the complications out of the process.

When Your Spouse Does Not Want a Divorce

Illinois is a no-fault divorce state, which means that you and your spouse do not need to agree to a divorce. If you want a divorce, you must only file a complaint with the family courts. Within your complaint, you must only state that there has been a breakdown in the marital relationship and that there is no chance of reconciliation.

However, while the law allows you to get a divorce regardless of whether your spouse agrees, it can make the process more complex if your spouse does not agree. They may try to intentionally make the process more difficult, or they may try to draw out the process in the hopes that you will change your mind. Regardless of their actions, you can still get a divorce but it will be more expensive and more complex.

Children

Children will always make the divorce process more complicated because there are certain terms that govern child issues in divorce. The first one most people think about is child custody. During the divorce, you and your spouse or a judge will determine how much time you each spend with the children, who will get custody, how much visitation time the non-custodial parent will receive, and when visitation will occur.

Another major issue involving children from a marriage is child support. Generally speaking, the non-custodial parent will make child support payments to the custodial parent. The amount of child support will have to be determined, as well as the duration of child support payments.

Property Division

Property division always has the potential to become complex. All assets and liabilities must be categorized as either separate or marital, and the more a couple has accrued, the more complicated the divorce process will be. When one spouse is hiding assets, this also makes the divorce much more complex, as the property must first be discovered before it can be divided.

Our Illinois Family Lawyers Can Help You Through the Process

Even the seemingly most simple divorce cases have the potential to become complex. At the Law Office of Martoccio & Martoccio, our experienced Hinsdale family lawyers will simplify the process as much as possible so you can move forward in your new life as soon as possible. Call us today at 630-920-8855 or fill out our online form to schedule a free initial consultation with one of our skilled attorneys and to learn more about how we can help with your case.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000