What Makes a Divorce “Complex” in Illinois?

 Posted on February 22, 2021 in Divorce

In Illinois, there is such a thing as the simplified joint marriage resolution procedure, or simple divorce, commonly referred to as an uncontested divorce. However, many couples opt to litigate their divorces since there are usually some or many things that require negotiations, including property and debt. When these contested divorces include added complications, such as major concerns about children, high-value assets, and business ownership, they are considered complex divorces. In general, the following five concerns could make your divorce far more of a complex divorce compared to a simple divorce or typical divorce.

5 Issues That Can Complicate Your Divorce and Make it Complex

1. Valuable Assets—High-asset divorces might include high-value property, collector’s items, or accounts, among other things. In those cases, dividing the property takes on a heightened sense of financial substance by its sheer volume. Big-ticket items can include boats and million-dollar houses to heirlooms and other valuable items. In addition, retirement accounts and pensions as well as major investments and banking accounts may all require forensic accounting to get to the fairest and equitable decision during such a complex divorce.

2. Relationship Conflicts—No relationship is perfect. And sometimes divorces are even brought on by serious issues within the relationship or family, such as drug abuse, alcoholism, child abuse, sexual abuse, and other domestic abuse. If that is the case, sometimes courtroom intervention is necessary, be it for criminal behavior or stipulations in the divorce decree regarding treatment in rehab. No divorce is simple when the marriage is high in conflicts like this.

3. Child Custody—If you have children, there is so much more to your divorce than decisions about dividing property. In general, the focus will revolve around the children’s custody. Who will take care of the kids? Who will have visitation, when, where, and how often? Who will pay child support? Who will pay for other expenses for the child, such as college? All this and many more questions will need to be raised as you both decide on a parenting plan and allocation of parental responsibilities. This is particularly complex because in every instance during the divorce, you both, as well as your lawyers and the judge, must consider what will be in the children’s best interests. 

4. Gray Divorce—If you decide to divorce right before, at, or after retirement in a gray divorce, things could be much more complicated than when you were younger. That is because you both might have spent a lifetime collecting property and debt, raising a family, and cultivating your respective retirement accounts and pensions, possibly together in coordination with each other. If that is the case, your gray divorce is also a complex divorce that will take some serious negotiations from both sides. 

5. Stakes in Business Ownership—If one or both of you have a stake in business ownership, your divorce will be very complicated. Business ownership between divorcing couples involves business valuation and, in cases where professional practices like those in the medical field, the legal field, or the accounting field are the focus, things can be especially challenging for both spouses. Even if only one of you owns the business or professional practice, it can still be a complex divorce.

Contact a DuPage County Divorce Attorney

You could have an uncontested divorce, a contested divorce, or, if your marriage and family life have been affected by excessive complications, including such things as high assets, major familial or relationship conflicts, business ownership, and retirement, then you might have a complex divorce. That is why it is important to enlist the guidance of a skillful and experienced Wheaton Courthouse family lawyer. Call The Law Office of Ronald L. Hendrix, P.C., today at 630-355-7776 to schedule a free consultation to learn all the ways we can help you make your complex divorce much simpler. 

Sources:

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

https://courts.illinois.gov/forms/approved/divorce/Divorce_with_Children_Instructions2.pdf

https://www.isba.org/public/guide/gettingadivorce