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Common complications in a no-fault divorce

On Behalf of | Feb 25, 2022 | Divorce |

Traditionally, a couple in Illinois would file a divorce based on certain factors. The grounds for divorce could range from impotence or adultery to bigamy or addiction. In recent years, however, lawmakers revised the rules, and spouses no longer had to cite a specific reason for the divorce. The resulting procedure is a “no-fault divorce.” Many people incorrectly assume this means the divorcing couple will not face challenges through the process. Even in a no-fault divorce, the couple will likely disagree about several factors that could lead to heated debates.

Even though the reason for the divorce could be as simple as the couple growing apart over the years, they will still have to navigate numerous challenges through the legal process, including:

  • Property division: Dividing property often leads to heated debates throughout the divorce process. Whether it is the family home, a privately held business or income property, the couple will generally have different ideas about how they should divide these assets.
  • Debt responsibility: While the court will likely divide marital debt in equitable parts, the couple will often have disagreements regarding what should be split and how. While a shared credit card could be a straightforward division, student loans or cosmetic surgery debt, for example, can become sticking points in the division of debt responsibility.
  • Parenting plan: Determining the rules surrounding child custody and visitation often becomes a challenging factor in many divorces. Even if the parents agree to the overall nature of the parenting plan, they could argue about vacations, holidays and even an exchange location.
  • Financial support: Directly following other financial provisions such as the division of asset and debt responsibility, the couple must come to an agreement regarding spousal support and child support.

These disputes are generally the difference between a contested and uncontested divorce. The divorcing couple must often navigate numerous heated exchanges to reach a successful resolution to serious elements. The disputed factors often directly relate to the future financial stability of both parties. Working through these negotiations can take an emotional toll on the divorcing couple. They must remain focused on the end goal of creating two independent futures from one fractured household.