Moving forward from a failed marriage can prove difficult, especially during the divorce. There will be things you compromise easily on, but others will be harder. Some issues tend to drag on during divorce, and the longer it goes, the more difficult the process may become. When starting, keep these issues in mind.
Dividing Things May Not Seem Equal
As any family attorney lake bluff il can tell you, the property division laws don’t always contemplate an equal share. In Illinois, property is divided according to equitable distribution laws. The court considers the bigger picture of the marriage, including:
- Marital contributions (raising kids)
- Financial contributions
- Assets owned before the marriage
Equitable doesn’t mean equal. Someone who made more because the other spouse stayed home with kids doesn’t get a larger share of the marital pot. A party who has substantial independent means of support may get less.
Debts Also Get Divided
The debts you owe factor into who gets what in the end. If a spouse receives a more substantial chunk of the marital property and assets, it does not mean that person also gets most of the debt. The court will look at how the debt was accumulated and if one party or the other was responsible for more. Everything then gets split along the same lines as the assets. Therefore, one person may get more debt and less property and vice versa.
Children Complicate Things
The hardest thing in many divorces is splitting custody and time with kids. It may be difficult for one parent to contemplate not getting more time with the kids than the other. Recognize that you may need to look at the situation through the eyes of the other parent before being so quick to hold fast. This will only force a judge to decide for you.
Divorce is never something contemplated when a couple walks down the aisle, so ending it will probably not be easy. Consulting with a family lawyer in your area may help you settle in for the process ahead.