4 Issues That Make an Illinois Divorce More Complex

 Posted on June 18, 2024 in Divorce

If you are headed toward divorce, you hope it will go as smoothly and quickly as possible. Unfortunately, many divorces that begin as uncontested and even relatively pleasant can quickly become hotly contested and contentious. Divorce can get complicated, particularly if there are certain factors involved. If you think your Illinois divorce could be difficult or complex, now is the time to speak to a highly skilled DuPage County divorce attorney. The sooner you have an experienced divorce attorney advocating on your behalf, the better outcome you are likely to have.

What Makes a Divorce More Complicated?

Having children virtually always complicates divorce, but laws exist to address this challenge.   Other complications may not have such clear rules. While every divorce is unique in one way or another, the following issues can place unexpected obstacles in your path.

1. Owning a business or being involved in a family business can cause one problem after another during a divorce. How will the business be valued? Will the business be sold, and the proceeds divided, or kept, with profits split after the divorce? Will both parties continue to work together after the divorce? Is the business a family business for one spouse? If so, what percentage of that business is the other spouse entitled to? A business can also increase complications surrounding child support and spousal maintenance. Many new business owners forgo a salary for several years to ensure business success, but this can make that spouse’s earnings inconsistent and unpredictable.  

2. Pension plans can often cause additional hurdles in a divorce. How much of one spouse’s pension is the other entitled to receive? If both parties are relatively young and the pension will not be accessed for another two decades, how will a current portion of that pension be calculated? What if the spouse with the pension remarries—or dies?

3. Royalty checks that one spouse receives can also get complicated. Perhaps a married couple essentially lives off these royalties. Does the non-royalty earning spouse have a right to a portion of the royalties? The answer is likely “yes,” but the amount can be difficult to calculate. Further, since royalties are “non-standard” income and can vary significantly from month to month—or end altogether—how will child support and spousal maintenance be calculated?

4. An uncooperative spouse is one of the most common reasons for a divorce that drags on for months or even years. Some spouses refuse to provide requested documents, reject every offer they are presented with, and make one excuse after another for not showing up in court. This spouse may be hiding assets or could quit their job to avoid paying child support or spousal maintenance. While maddening, it is best to let your attorney handle your uncooperative spouse.

How Can These Divorce Difficulties Be Mitigated?

If you are trying to handle the divorce paperwork on your own, and your spouse is placing stumbling blocks in your way, you can quickly become overwhelmed. The best course of action is to speak to an experienced divorce attorney who has dealt with every difficulty imaginable and will be a strong advocate. When your spouse is being contentious, and it seems like there is one problem after another, it can be tempting to give them whatever they want and walk away. This is the time to let your attorney take over while you do your best to look after yourself and your children. Sharpen your coping skills, try to let go of the stress, and allow your lawyer to do their job.

Contact a DuPage County, IL Divorce Attorney

The easiest way to lessen the complexities in your divorce is by enlisting the help of a knowledgeable Naperville, IL divorce attorney from Pesce Law Group, P.C. With compassion and skill, we will guide you through the Illinois divorce process as quickly and easily as possible. Contact Pesce Law Group, P.C. at 630-352-2240 today to take away some of the stress of your divorce.