Divorces can be complicated, even if both spouses agree on many of the issues that must be addressed. In some cases, the marital estate may include significant assets, or spouses may earn large incomes. In these complex divorce cases, couples may need to address high-value assets or property, business valuation, spousal maintenance, and more. The division of property can have a long-term impact on one or both spouses, so this area needs to be addressed carefully. If you are entering the divorce process, it is important to understand your rights and the near-term and long-term impact of the decisions you make.

Marital Assets

The marital estate includes any property that was obtained during the course of your marriage. Illinois is an equitable distribution state, which means that marital property will be divided equitably, but not necessarily equally. In some cases, litigation in court may be necessary to resolve disputes over the division of assets; however, it is often more beneficial if spouses can work together to reach an agreement on these issues outside of court.

High-value assets often include many different types of monetary funds or possessions, such as the following:

When someone hears the word “divorce,” it typically has a negative connotation. The break-up of a marriage can be sad, but for some couples, going their separate ways is for the best instead of staying in an unhappy union. An amicable divorce is possible if both partners are willing to compromise on certain issues. If a child is involved, the parents can work together to come to agreements on what is in the best interests of their child. This is important for such issues as allocation of parental responsibilities and parenting time.

Practical Advice for a Healthy Divorce

The following tips can help a couple who are divorcing achieve the best possible outcome for all family members:

1. Do Not Let Your Emotions Rule You

There is no denying that divorce is an emotional time. However, allowing your emotions to get the best of you does not help the situation. A moment of rage is not worth losing parental responsibility or parenting time. Think twice before you say something you might regret, since your soon-to-be ex-spouse could use it against you.

Divorce can be a stressful and lengthy process. When children are involved, it can get even more complicated. If both parents cannot agree on child-related issues such as the allocation of parental responsibilities or parenting time, the final decision in these matters may need to be made by the court. In some cases, a judge may require the help of a neutral party who will not argue on behalf of either parent. Under Illinois law, a guardian ad litem (GAL) is defined as a lawyer appointed by the court in a divorce case who will help determine the best interests of a child. A GAL can be appointed if one parent is concerned about their child’s safety or well-being, or if a judge decides a GAL is needed during the negotiations.

What Does a Guardian Ad Litem Do?

In some divorce cases, one parent may wish to relocate to another state with the child due to a job transfer. Other cases may involve suspected child abuse or neglect by one of the parents. In these types of cases, or in other cases involving contentious disputes between divorcing parents, one parent may request that a GAL be assigned, and in other instances, a judge will automatically assign a GAL. A GAL is sometimes referred to as a “Child Representative,” since their primary concern is determining what is in the best interests of the children involved in the case. Judges respect the opinion of a GAL, his or her understanding of the law, and what is best for the child’s welfare. In a way, the GAL acts like a second judge on the case.

The judge will ultimately decide who should have parental responsibilities of a child, but often, the judge has no prior knowledge of the facts of a case. The GAL can provide the judge with details of the case, and they will typically file a report with the court. This report can include descriptions of issues between the parents or between the parents and the child.

In recent years, a lot of emphasis has been placed on fathers’ rights during and after a divorce. This is partly due to a trend in which many dads have taken more active roles in parenting compared to fathers in previous generations. In divorces that took place in the past, mothers were typically awarded what was called “sole custody” of the children, as well as alimony, child support, the marital home, and other assets. However, things often turn out differently in today’s divorces, since many mothers and fathers share in earning household income and raising children.

In modern divorce cases, mothers’ rights regarding child custody should not be automatically assumed like they often were in the past. During divorce, both parents should be sure to understand their rights and the ways they can reach a favorable outcome.

Protecting the Best Interests of the Child

In Illinois, the court is instructed to consider what is in the best interests of the child when it comes to the “allocation of parental responsibilities” (formerly known as child custody) and “parenting time” (formerly known as visitation). According to Illinois law, if married parents reside in the state, then a family court will decide on these matters as a part of their divorce proceedings. For an unmarried couple, paternity must be established before a court can address matters of parental responsibility and parenting time.

The decision to end a marriage is a momentous one, and most couples do not make this choice lightly. Many spouses choose to go to couples’ counseling before they decide to divorce. A new trend in therapy involves both parents and children, and it is often referred to as family counseling. This type of therapy can help families before, during, and after a divorce. It provides an outlet for parents and their children to share what is on their minds in a neutral setting.

Benefits of Family Therapy

Divorce is not easy under any circumstances, especially when children are involved. Children often have a difficult time during their parents’ divorce, since they do not have a choice in the decision. However, family counseling can help ease the distress that comes with the end of a marriage, and it can offer everyone ways to move forward in a healthy manner.

For families that are going through a difficult divorce, counseling can help family members communicate better during conflict. Parents will learn techniques for how to calmly talk to each other without getting overly emotional. During and after divorce, it is likely the children will have to split time between the two parents, and they may even have to move out of the marital home altogether. This can be very traumatic for them, and family therapy can provide them with a way to talk about their feelings instead of keeping them bottled inside.