There was a time when people would not even think of getting a divorce after many years of marriage, even if they were unhappy. Historically, the majority of people simply did not see the point of getting divorced after a long marriage and were content enough to just wait it out. That is no longer the case today. Now, people are more willing to get divorced if they are unhappy, no matter how long they have been married. When they do, there are certain things to take into consideration that may not necessarily be a factor in a divorce after a shorter marriage.

Maintenance

In some divorce cases, judges will award maintenance, also known as alimony. Maintenance is more likely to be awarded after a lengthy marriage, particularly if one spouse remained at home for a long time to care for children. When this is the case, the spouse that remained at home is likely to be in a worse financial position, and may not have the skills necessary to return to the workforce right away. In these instances, a judge will most likely award that spouse maintenance, at least for a period of time.

Financial Challenges

In addition to one spouse being more susceptible to financial hardship after a divorce, there are other challenging financial aspects associated with divorce after a lengthy marriage. Property division issues are complicated in any divorce, but this is especially true when the marriage was a long one. A couple that has been married for a long time may have their finances spread around in retirement plans, stock options, Social Security benefits, joint bank accounts, and more. All of these assets must be divided, and that can be difficult.

Deciding to get divorced is a big decision and one that you have undoubtedly spent countless sleepless nights agonizing over. Now that you have made up your mind that divorce is in your best interest, the prospect of having to go through the divorce process can suddenly seem extra daunting. Divorce is stressful, it takes half a year or more in many cases, and it puts extra strain on your children, your other loved ones, your career, and your finances. Below are four frequently asked questions about divorce that our clients commonly have.

Who Gets the Children?

In many divorces, the spouses are able to reach an agreement about child custody and the parenting plan with assistance from their attorneys. However, when agreement and compromise fail, a court will make the child custody decision for you. Judges always favor the custody arrangement that they believe will be in the child’s best interest. Long gone are the days when mothers were always given sole custody, in Illinois and across the country, fathers are fighting and lobbying to make joint custody the norm.

Are Marital Assets Divided Down the Middle?

Illinois is an equitable division state, which means that marital property is divided “fairly,” though not necessarily an even 50/50. In a contested divorce, courts look at the following information to help them decide which spouse gets what:

Many couples end up dissolving their marriages on relatively good terms. In these cases, the divorce is often uncontested. An amicable divorce is one in which both spouses agree to the terms without contesting such matters as division of marital property, child support, child custody, visitation, and spousal support. There are many positives to an amicable divorce, including significant time savings. Amicable divorces are generally much less stressful than contested divorces. And, amicable divorces are usually much less expensive. After all, 40 percent of Americans do not have enough money in reserve to cover an unexpected $400 bill, and the average cost of divorce, per person, is $15,000. However appealing an amicable divorce sounds, it may not be a good idea to sign divorce papers without first talking to an attorney.

Why an Attorney Is Still Necessary

Shockingly, 40 percent of couples take a very large risk by not using a divorce attorney when they get divorced. Amicable divorces do not require an attorney to argue your case in front of a judge, but there may be reasons to work with an attorney regardless. It is true that you and your spouse can write up an agreement and submit it to the court for the court’s approval and a final divorce decree. Yet, some spouses end up regretting their decision to trust their partner with such openness. After all, the other spouse may have kept some aspects of their lives hidden from you. For example:

• They may have hidden assets that you do not know about;
• Some of the assets that ended up getting divided may not actually be marital property, such as inheritance or personal injury settlement money;
• Their future living situation, work schedule, and lifestyle may not be as ideal as they lead you to think regarding parenting time;
• The alimony decision that the two of you came up with may not be fair to one of the parties;
• The child support that the paying parent provides may not be adequate for the new living expenses that the custodial parent is now faced with; and
• Much more.

A Hinsdale Divorce Attorney Can Answer the Important Questions

Divorce should never be rushed because that is when mistakes are made that can haunt you for years to come. Let the experienced DuPage County divorce attorneys at the Law Offices of Martoccio & Martoccio thoroughly review your case before you take any further actions that could inadvertently harm your child or yourself. Call 630-920-8855 to schedule a free consultation today.

Formerly referred to as alimony, spousal support is intended to provide a spouse with lower income or lower income potential with financial support after a divorce. Prior to awarding spousal support to a spouse, the court considers several factors including the age of each spouse, the couple’s standard of living during the marriage, the assets and income of each spouse, sacrifices a spouse made to support the other spouse’s career or education, and the present and future earning capacity of each spouse.

While most people understand the basics of spousal support, many wonder when it ends. Read on to find the answer to this question.

Events That May End Spousal Support