Some factors that affect divorce cases
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Some factors that affect divorce cases

| May 28, 2020 | Firm News |

Things have not been going so well between you and your spouse. Expectations within your relationship have not been met. Communication is at a standstill. And, if you have discussions, they turn into arguments over money and your children. The signs all point to separation and divorce.

Once you have made the divorce decision, you realize that so many things are thrown in your direction. The result is that they will affect your divorce proceedings and post-divorce life. These factors will determine the “success” of your divorce and how you will adapt in your new beginning.

Confronting complicated matters

A divorce throttles some people. Physically, emotionally and financially. Questions surface. Will I still spend plenty of time with my kids? Why do you I have to pay a significant portion of my income and assets to my former spouse?

Many factors, including divorce law in Illinois, determine the answers. Here are some of them:

  • Finances: A divorce settlement differs for high-, medium- and low-income couples. The courts review marital property, which includes any finances accumulated during the marriage. This would include a home and its value as well as retirement accounts. The courts also look at debt and whether it belongs to just one or both parties.
  • Homeownership: Joint ownership with your separated spouse likely means that you must sell the house. Or if you can, purchase your former spouse’s share and continue to live in the home.
  • Family support: Do you have a support system of trusted friends and family in the community? You may be going through a difficult time, and likely need to reach out to others for advice. This especially is beneficial if you have children. There is credence in the phrase “it takes a village to raise a child.”
  • The judge: If mediation fails, you will see a judge and go trial. The judge holds the power, and like everybody else, they have opinions and biases. If the judge has a poor view of you, watch out. Count on a difficult experience.
  • The law: Illinois divorce law addresses many matters. For example, formulas exist for determining child support as well as maintenance or alimony. In addition, divorce law promotes collaborative parenting, so less hostility surfaces in child custody matters.

So many complicating factors influence the outcome of your divorce as well as your post-divorce life. You do not want to be blindsided as to what will happen and what factors affect your divorce. In these situations, it is important to seek legal advice.