303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
Call for a Free Consultation
Evening and Weekend Hours by Appointment
100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
Facebook Twitter LinkedIn
Search
Also serving McHenry, DuPage, and Cook Counties

What Makes a Divorce “Complex” in Illinois?

Posted on in Divorce

St. Charles complex divorce lawyerEven under the best circumstances, divorce can be a challenging process. Many marital issues are sensitive in nature and difficult to resolve. These matters may include allocation of parental responsibilities, child support, parenting time (visitation), as well as spousal support or maintenance (alimony). They can also involve valuables or high net-worth assets that need to be divided. Complex divorce proceedings can seem intimidating at first, but they can be managed with professional legal guidance.    

Child-Related Issues 

Many of the disputes in a complex divorce involve a couple’s children. These arguments can include how much time each parent will spend with the child or how much support will be paid by one of the parents, among other issues. A parenting plan is a legal document that establishes the legal rights and obligations of both parents as relating to their child. This plan outlines a schedule for when each parent will see their child. Creating this timeline can be difficult since most parents do not want to give up time with their kids or relinquish control to the other parent, especially if there are bitter feelings.  

Some of the child-related issues that may need to be addressed in a divorce settlement include:

In some cases, if parents can come to mutual decisions on parenting issues on their own or with the help of a mediator, they can avoid the court system. However, most complex divorces end up in litigation, which is why it is important to have an attorney in order to protect your rights. When kids are involved, a judge will base his or her decisions on what is in the best interest of the children. 

Division of Marital Assets or Property 

In some divorces, determining who receives what in the settlement can cause substantial disagreements, especially if there is a high net worth at stake. When one partner was the sole breadwinner of the family, he or she might think the other spouse is not entitled to any of the monetary assets or property. This can include situations where one spouse owned a business or professional practice, such as a dentist, psychologist, or physician. However, if the other spouse helped in running the family-owned company, he or she may be entitled to a share of the business’s value. 

In other instances, items that have sentimental value such as family heirlooms, jewelry, furniture, art, and more expensive belongings can cause contention between the spouses when it comes to splitting them. 

Some of the major assets that may need to be split in a complex divorce include:

  • Marital home and vacation home(s)
  • Business or company
  • Keepsakes 
  • Retirement Plans

Determining how retirement accounts are divided can be complicated since in many cases, one spouse may have started it prior to the wedding. However, if money was contributed during the marriage, those funds are typically subject to asset division. According to Illinois law, a Qualified Domestic Relations Order (QDRO) or Qualified Illinois Domestic Relations Order (QILDRO) is generally required when determining the distribution of these funds. A QDRO is a judicial order that divides a retirement account or pension plan by acknowledging joint marital ownership in the plan. A QILDRO is similar to a QDRO and is required for specific types of retirement plans in Illinois.

Contact a Barrington Divorce Lawyer

An amicable divorce may be fairly easy for a couple to complete, especially if they agree on many of the marital issues. A complex divorce, on the other hand, can be a very complicated process. If you and your spouse are terminating your marriage, you need to understand your rights regarding asset division and child-related issues. The skilled attorneys at the Law Offices of Benedict Schwarz, II P.C. have more than 50 years of combined experience in handling many types of divorce and family law cases. A knowledgeable Algonquin divorce attorney will advocate for you to make sure you receive a fair settlement. Call our office today at 630-200-4882 to schedule a free consultation. 

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

Martindale Hubbell Rating Super lawyers Attorney Registration and Disciplinary Comission Lawyers Association Program Illinois State Bar Association Kane County Bar Association DuPage Bar Association
Back to Top