No one ever said that getting a divorce is easy, particularly if there are number of assets and children involved.
Let’s face it, getting a divorce is extremely difficult for all parties and has been called by many psychologists a form of death. There are very few divorces that could be classified as “easy,” with most of them falling somewhere between acrimonious and contentious.
The process of divorce deals with many issues, not the least of which is the division of assets, child custody, support or maintenance for the spouse and visitation rights. “Since these issues are all dealt with differently in each state, make sure to ask your lawyer what happens in your home state and what you will need to do to file and get through it all,” advised Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois.
In Illinois when someone files a petition for dissolution of marriage, the divorce may be deemed to be either a “fault” divorce or a “no fault” divorce. Again, this is something that needs to be checked with a competent attorney familiar with divorce law, as each state has slightly different classifications for divorce petitions.
“For a no fault divorce, the spouses need to have been living apart for at least 2-years or longer. They must cite irreconcilable differences as the reason for their petition” explained Fortier. On the other side of the coin, is a spouse who has cheated, is impotent or abuses substances and these are the reasons the marriage came apart. This is definitely a fault divorce.
Other issues that need to be dealt with during a divorce include the division of joint property. “There are a variety of conditions/circumstances that apply to whether or not an asset purchased after marriage is eligible to be split up. The distinctions here have to do with the difference between marital and non-marital assets,” outlined Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. The lawyer dealing with a divorcing couple will need to run down the conditions to keep both parties informed of what is required by law.
Child custody is another “hot button” issue that has the potential to get quite ugly, as one parent usually wants more access to the children than the other parent is prepared to give. “In really contentious situations, the courts do take a child’s wishes into consideration when making any custody decisions, however their overall well being relating to mental, emotional and physical development may override those wishes,” added Fortier.
If faced with the difficult decision of divorcing a spouse, make it a point to retain a skilled divorce attorney who is able to assist in making the divorce process go as smoothly as possible.