Issues That Cause Divorce Complications

 Posted on November 14, 2018 in Divorce

When someone says their divorce is complex, you might envision the emotional entanglements of love lost, which can make agreements more difficult to achieve. Each divorce is complicated in its own way, but some marriage dissolutions end up more involved than anticipated, or necessary.

What factors influence whether your divorce is short and amicable or drawn-out and ugly?

Disagreements Over Separate and Marital Property

In Illinois, property division includes the determination of what is “marital property” and “separate property.” That is, the debts and assets acquired before the marriage and what occurred after the vows. During a divorce, separate property returns to the original owner, and marital property and joint debts are divided equally between the parties. Exceptions to the rule include inheritances or gifts given solely to one spouse during the union, which are typically counted as separate property. Contention sometimes arises from the determination of which assets fall into the marital property category.

Child Custody Disputes

The best way to make divorce go smoothly is to work out an agreement early on regarding parenting time (formerly called visitation) and the allocation of parental responsibilities (formerly called custody). Deciding together what is best for your family is better than a judge making an impersonal determination. The willingness to compromise simplifies the divorce process and sets a great example for your children. If one or both parties fail to compromise, or even worse, become verbally combative, the proceedings grow exponentially more complicated.

A Winding Financial Trail

High-asset divorces with millions of dollars at stake can take an extended amount of time, with the need to trace property and financial accounts, especially over many years and countless transactions. A team of financial experts can shorten a high net worth divorce and provide counsel for taxes, business valuations, forensic accounting, and trusts.

Contact a Naperville, IL Divorce Attorney for Legal Guidance

Sometimes, couples decide to navigate the divorce process without the assistance of an attorney, under the misconception that they will save money. Many of these cases eventually require more court time than if they hired an attorney or separate lawyers right away. An experienced DuPage County divorce lawyer will gather the correct forms, evidence, and all information necessary to achieve the desired result on the first try, rather than with many return meetings or hearings. The Pesce Law Group, P.C. will have your best interests in mind. Find out how we can help by calling 630-352-2240 to schedule your free, confidential consultation.

Sources:

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

https://www.apa.org/topics/divorce/