In Illinois, there is such a thing as the simplified joint marriage resolution procedure, or simple divorce, commonly referred to as an uncontested divorce. However, many couples opt to litigate their divorces since there are usually some or many things that require negotiations, including property and debt. When these contested divorces include added complications, such as major concerns about children, high-value assets, and business ownership, they are considered complex divorces. In general, the following five concerns could make your divorce far more of a complex divorce compared to a simple divorce or typical divorce.

5 Issues That Can Complicate Your Divorce and Make it Complex

1. Valuable Assets—High-asset divorces might include high-value property, collector’s items, or accounts, among other things. In those cases, dividing the property takes on a heightened sense of financial substance by its sheer volume. Big-ticket items can include boats and million-dollar houses to heirlooms and other valuable items. In addition, retirement accounts and pensions as well as major investments and banking accounts may all require forensic accounting to get to the fairest and equitable decision during such a complex divorce.

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When it comes to divorce, there are many issues that have the potential to cause quite a bit of conflict between the two individuals involved in this divorce. From property division to child support, these issues appear in nearly every Illinois divorce case. However, the issues that have the most potential to cause an argument for many couples are those that have to deal with the children. Creating a parenting plan can be a long and daunting process for parents who do not get along, but parents are typically much happier and have a better chance of sticking to the parenting plan when they are able to negotiate the terms of said agreement amongst themselves. Although this is easier said than done, there are ways to achieve a positive outcome for everyone involved.

Flexibility Is Key

For some couples, getting along long enough to negotiate a parenting plan is a tall order. Here are a few tips that can help you negotiate a parenting plan agreement with your ex:

Much like our views about many other things in society, our opinions of the divorce process can look different to everyone depending on the circumstances surrounding your case. There are many ways you could go about getting a divorce in Illinois -- the traditional litigated way, in which you may end up in front of a judge in a courtroom and through the collaborative method, which requires cooperation between spouses, among others. In particularly contentious divorces that are relatively “simple” in nature, the spouses may decide to agree on the divorce settlement because they just want the process to be over. For some couples, Illinois’ joint simplified dissolution procedure could be the answer to a quick, relatively simple, and low-stress solution.

Understanding Illinois’ Joint Simplified Dissolution

If you are asking the judge to grant you and your spouse a joint simplified dissolution of marriage, you are basically asking for an uncontested divorce. In an uncontested divorce, both spouses must agree on all major issues in the divorce, including property division, spousal maintenance, and determining who is responsible for which debts, among others. However, when it comes to a joint simplified dissolution specifically, there are certain requirements you must meet before you can file.

When you own your own business, that business is your livelihood. For many small business owners, their business is like a baby they take great pride in producing, nurturing, and growing. However, all of that growth and success is jeopardized if you or your spouse seeks a divorce. Even if your spouse was never necessarily involved in the functions of the business, there is a possibility that he or she is entitled to a portion of the business’s value simply because of your marital status. Financial decisions made during your divorce can affect you for the rest of your life, so you should consult with a lawyer before you do anything. A skilled Illinois asset division and business valuation attorney can help you determine how you should handle your business when you are going through a divorce.

What to Do With Your Business

One of the most difficult decisions you will face during your divorce is determining what to do with your business. Typically, there are three options that are available to you: You can buy out your spouse’s share of the business and retain full ownership, sell the business and split the profits as is seen fit, or you can continue to co-own the business. There is no one right answer to what you should do; each family’s situation is different, so each solution will also be different. 

In many ways, divorcing when you and your ex have children together is much different than divorcing and just worrying about yourself throughout the process. When you get a divorce and you have children, there are various elements of your divorce that differ, or that are now required during your divorce process. One of the most important elements of any divorce that involves children is the parenting plan, which must be submitted to the court and approved before the divorce can become final in Illinois. The parenting plan is an important element in setting forth rules for co-parenting, parenting time schedules, significant decision-making responsibilities, how child-related expenses will be shared, among others.

Basic Requirements for Your Parenting Plan

Parenting plans are a requirement that the state of Illinois has set forth for all divorcing couples who have children, but they can actually be a helpful tool when transitioning to a co-parenting relationship. Your parenting plan will serve as the blueprints for how you and your ex should approach co-parenting after your divorce is finalized. The state has a list of elements that all parenting plans must contain at a minimum, but you have the ability to add as much detail as you would like to your parenting plan.