Most Common Reasons for a Contested Divorce?

 Posted on November 15, 2023 in Divorce

Divorce is almost always exhausting, and adding additional disagreements and arguments on top of things will often only worsen matters. However, sometimes, these things are unavoidable, and some factors are major points of contention that need to be addressed. A skilled attorney can help you navigate the complex nature of a contested divorce and guide you toward a more amicable outcome.

Marital Asset Division

Both parties in a contested divorce may choose to lay claim to specific property or assets they feel they deserve in the split. It is often a reason for divorcing couples to have a judge split the assets on their behalf in what they deem is a fair and equitable distribution.

A marital asset is a property that was acquired during the marriage. It should be distinct from each spouse’s personal property before the marriage begins. Other forms of personal property include gifts and inheritance that the other spouse cannot claim unless the property was commingled during the marriage.

Spousal Support

Another major point of contention is alimony, also known as spousal support or spousal maintenance. Spousal support is often ordered when one spouse suffers a major disruption to their current lifestyle. The more established spouse may have to pay a certain amount for a set duration to the other spouse in this way. A judge can use property and other marital assets to replace what they feel is adequate payment for spousal maintenance. It can be used to replace it outright, reduce the amount, or reduce the duration for which spousal maintenance is ordered.

Allocation of Parental Responsibilities

Children should be a priority in any divorce. When a divorce has two parents who genuinely care about their children, it is not uncommon to see the parents take custody matters to the court. In Illinois, custody is known as the allocation of parental responsibilities, which houses the terms decision-making and parenting time. Decision-making is exactly as it sounds. Typically, one parent will receive significant decision-making responsibilities for a child, which allows them to dictate how a child will be raised in terms of education, religion, and well-being. Parenting time refers to the visitation schedule for both parents and their children.

Many factors go into a court’s decision on these responsibilities, with the primary factor being a child’s best interests. A judge will look at the various factors, which include:

• Both parent’s wishes
• The child’s wishes
• Parent’s cooperation
• Living arrangements
• A child’s needs
• History or threats of physical, emotional, or mental violence
• Parent’s prior time commitments (i.e., military service)
• Other factors the judge deems important

Contact a Kane County, IL Divorce Attorney

Contested or uncontested, a divorce is a complicated process with many different factors involved. A skilled Batavia, IL divorce lawyer can provide the guidance necessary to make it through an overwhelming event like divorce. The The Law Office of Matthew M. Williams, P.C. can be a compassionate ear to your legal woes and stand alongside you throughout the divorce proceedings. Contact the office at 630-409-8184 to schedule an appointment today.