In Illinois, the dissolution of a long-term marriage, often defined as one lasting 20 years or more, can be a complex and emotionally challenging process. Couples in long-term marriages often have intricate financial entanglements, including shared assets, debts, and property, which can complicate the division of assets. Additionally, spousal maintenance and child custody arrangements may be more complex in long-term marriages. Navigating this process requires the guidance of experienced family law attorneys.
Understanding Long-Term Marriage Dissolution
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the process of dissolving a marriage in the state. In long-term marriages, the following factors can make the process more complex:
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Property Division: Illinois follows the principle of equitable distribution, meaning that assets and debts are divided fairly, but not necessarily equally. In long-term marriages, couples may have accumulated significant assets, such as real estate, investments, retirement accounts, and business interests, which can be challenging to value and divide.
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Spousal Maintenance: Also known as alimony, spousal maintenance may be awarded to either spouse based on their financial needs and resources. In long-term marriages, one spouse may have sacrificed career opportunities or education to support the family, making maintenance a crucial consideration.
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Child Custody and Support: If the couple has children, custody arrangements must be determined based on the child's best interests. Child support is calculated using statutory guidelines, taking into account both parents' incomes and the child's needs.
To proceed with a dissolution of marriage, at least one spouse must have resided in Illinois for a minimum of 90 days.
The Legal Process for Long-Term Marriage Dissolution
A typical legal process for a lawyer representing a client in a long-term marriage dissolution case may include the following steps:
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Initial Consultation: The lawyer meets with the client to gather information about their marriage, assets, debts, and family situation.
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Filing for Dissolution: The attorney drafts and files a Petition for Dissolution of Marriage on behalf of the client.
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Service of Process: The other spouse is formally notified of the petition and given the opportunity to respond.
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Discovery: The lawyer works with the client to identify, value, and classify assets and debts as marital or non-marital property. This may involve engaging experts such as appraisers or forensic accountants.
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Negotiations: The attorney negotiates with the other spouse's lawyer to reach a fair and equitable settlement agreement regarding property division, spousal maintenance, and child custody and support, if applicable.
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Mediation or Collaborative Divorce: In some cases, the lawyer may recommend alternative dispute resolution methods to help the couple reach a mutually agreeable settlement.
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Trial: If a settlement cannot be reached, the attorney represents the client's interests in court, presenting evidence and arguments to support their position.
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Final Judgment: Once a settlement is reached or a court decision is made, the lawyer ensures that the terms of the dissolution are properly documented and implemented.
From start to finish, the lawyer offers direction, assistance, and representation to empower the client to secure a just and balanced resolution in their high-stakes divorce proceedings following a lengthy marriage.
