Factors that Can Prolong the Divorce Process in Illinois
Coming to the end of a marriage can be devastating. The divorce process can be stressful too. Many people would like to just get it over and done with as quickly as possible.
There’s no set length of time for divorce processes. Each and every divorce is as unique as the couple going through it and their circumstances. A divorce can take anywhere from 30 days to several years to finalize. There are several factors that can delay the finalizing of a divorce in Illinois. These include:
One of the most common causes of delay in finalizing a divorce is children. It can be difficult to resolve issues such as child support, child custody and visitation. Decisions regarding children should be made in the best interests of the children. However, parents may disagree on the allocation of responsibilities and their obligations regarding the children as their emotions drive them during the divorce.
Having attorneys present during the determination of a parenting plan and deciding other issues such as custody and support can help to separate emotions from logic. Couples will be in a better position to make decisions that will meet the needs of their children after divorce.
Division of assets
Another issue that often results in the prolonging of divorce proceedings is the division of assets. Determining who gets what and in what proportion can be a great source of contention.
The law in Illinois requires the equitable distribution of marital assets and property. This means that any property or assets acquired during marriage must be divided fairly between the spouses. Assets in this case may include vehicles, houses, furniture, antiques, jewelry and even family-owned businesses.
Divorces where couples have high-value assets are often difficult to resolve. There are also instances where a spouse may hide assets or believe that their spouse is hiding assets. Accountants may be brought in to uncover these assets. This can prolong divorce proceedings. It can also take longer to settle a divorce where the couple has accrued a lot of debt during marriage. This debt will need to be split during divorce. It can take a long time to determine who ought to be held responsible for the debt.
The level of cooperation of the spouses
If the spouses involved are willing to sit down and negotiate, then even the most complicated divorce case can be resolved much faster. If the spouses aren’t willing to negotiate or agree on even the simplest matters, the divorce process can go on for years. In some cases, where spouses are unable to reach an agreement on their own, the divorce ends up in court where the solutions will be determined by a judge.
Litigation should be considered a last resort as it takes the power of decision out of your hands. If you’re seeking a divorce, hire an experienced attorney to guide you through the process. Legal representation will help to ensure your rights are protected throughout the process.