There are potential advantages to choosing a legal separation over a divorce, most of which are financial and could be a good reason to remain legally married. Whether you prefer a legal separation or something more permanent like divorce, a skilled and experienced attorney can provide the advice and resources needed to navigate the legalities of the entire process.

What is the Difference Between a Legal Separation and a Divorce?

The primary and only relevant difference between the two is that in a legal separation, you are still considered married. Most important legal issues, such as child support and marital property division, are still addressed before a separation is finalized.

Why Consider a Legal Separation?

Divorce has a lot of negative stigmas attached to it that may make couples hesitant to go through with something so permanent. Things you should consider when deciding whether or not legal separation is a better option than divorce are:

In Illinois, all assets must be divided fairly and equitably among spouses. Complex property arrangements in a long-lasting marriage can make property division difficult once one spouse decides to file for divorce. Complicated finances weaved throughout a marriage can often contribute highly toward the complexity. An experienced divorce attorney understands the complexities and can help you navigate them during the divorce proceedings.

What Assets Are Commonly Involved in a High Asset Divorce?

Over the course of years, a marriage can accumulate an extensive collection of valuable assets that can often be difficult to divide during a divorce in a way that sees both parties happy. Many different assets can be considered high value to the couple and the court. Couples with significant assets are likely to include:

• Business valuations
• Stock options
• Retirement accounts
• Multiple savings and checking accounts
• Other high-valued property

The list does not consider personal belongings such as jewelry or art and any investments made toward businesses or other property during the marriage.

As society evolves, so too does the definition of family. Same-sex marriages are now recognized and protected by law in many parts of the world, including Illinois. Parental responsibility matters come to the forefront in a same-sex divorce as they would in any other divorce case. Illinois prioritizes the best interests of the child when determining parental responsibilities and rights.

Illinois recognizes various legal avenues to establishing parenthood. The court emphasizes the child's best interests in parental responsibility allocations. Consulting an experienced divorce attorney can be invaluable in navigating these complexities. It can also help to ensure that the child's well-being remains at the forefront of the legal process.

Parental Responsibilities

Determining parental responsibilities requires the recognition of at least one legal parent under the Illinois Parentage Act. In a divorce, parents either agree on a parenting plan or the court decides one for them.

Several complex financial issues may arise in an Illinois divorce that requires careful consideration and resolution. These issues often go beyond the basis division of assets and involve factors such as valuation, taxation, and ongoing financial obligations. Today, we will shed light on some common examples of complex financial issues that may be relevant in an Illinois divorce. For assistance navigating the complex financial issues that divorce sometimes entails, contact a seasoned divorce lawyer to ensure you can make well-informed decisions throughout the divorce process.

Business Valuations

Determining its value becomes a crucial financial issue when one or both spouses own a business. Properly valuing a business requires proficiency in business valuation, considering factors such as financial statements, assets, liabilities, and future earning potential. This valuation is necessary to ensure an equitable division of the marital estate and the potential distribution of the business itself.

Hidden or Previously Undisclosed Assets

One especially tricky situation that can be equally contentious as it is complex is the suspicion or discovery of hidden or undisclosed assets. Parties may attempt to conceal assets through various means, such as creating secret bank accounts, false debts, or transferring assets to third parties. Uncovering hidden assets often requires forensic accounting skills, financial investigations, and court orders for full financial disclosure.

Divorce is an emotionally challenging process that can have a significant impact on the mental health of the individuals involved. Consequently, mental health professionals often play an essential role in divorce proceedings to support the emotional well-being of the parties. Today, we will explore the roles of these individuals and discuss their involvement in divorce cases. Discuss with your divorce attorney whether a mental health professional may be of assistance as you juggle the turbulent emotions of a divorce.

Emotional Support and Counseling

Mental health professionals, such as therapists and counselors, can offer invaluable emotional support to individuals navigating the complexities of divorce. They provide a safe and confidential environment for individuals to discuss their feelings, anxieties, and concerns associated with the divorce process. These professionals can offer coping strategies, emotional guidance, and tools for effective communication, helping individuals better manage the stressful situations that arise during divorce proceedings.

Child Custody Evaluations

Mental health professionals may be appointed to conduct child custody evaluations in cases involving child custody disputes. These evaluations typically involve assessing the psychological well-being of each parent and the child, observing parent-child interaction, and more. These professionals carefully consider various factors, including the child’s emotional attachment, safety, stability, and parental capacity to make custody and visitation decisions. To ensure the child’s best interests are protected, their professional opinion may play a crucial role in determining custody arrangements.