5 Complex Divorce Situations and How to Address Them

 Posted on July 21,2023 in Divorce

Even “simple” divorces are not always simple. Even when a married couple has little marital property and no children, their divorce may take some work to finalize. Other divorce situations are clearly more complex. Spouses who are deeply financially entangled may face struggles in determining how to split complex assets and who is entitled to what share. People who are divorcing an abusive or mentally ill spouse may struggle to find a method of resolution that will be effective. Spouses who divorce near retirement may have unique challenges in their case regarding how retirement assets should be divided. Cases like these can be difficult from both a legal and emotional perspective. If you know from the outset that your case is likely to involve complex aspects, it is important to look for an attorney who understands these specific circumstances. 

Common Types of Complicated Divorce Cases

Common issues that can render a divorce more complex than most include: 

• Grey divorce - When spouses who are older than 50 or so divorce, they may have unique concerns. First, dividing retirement accounts or other assets intended for use in retirement is likely to be a high priority. These couples are also likely to have been married for a long time, and issues like alimony may need to be addressed. 

• Divorce from an abuser - If your spouse is abusive, they may not cooperate with the divorce process. Mediation may not be a good option if your spouse is uncooperative or it is not safe for you to be around them at all. 

• Divorce from a mentally ill or addicted spouse - If your spouse has a serious mental illness or abuses substances, you may encounter special issues. Your spouse may have dissipated marital funds and you may be entitled to be paid back your share. It may also be challenging to get your spouse to consistently appear for court and attorney meetings.

• Dividing complex assets - If you and your spouse jointly own complex assets, like a stock portfolio or an apartment building, it may be difficult to divide these assets without affecting their value. 

• Comingling of separate funds - Many married people contribute assets that they exclusively own to the marriage. For example, one spouse may use their inheritance to put a down payment on a marital home. Untangling complex financial involvement may take time and skill. 

If you are facing one of these special divorce situations, it is important to ensure that you are represented by an attorney who is experienced in handling complex divorce situations. 

Contact a Joliet Divorce Attorney

Reeder & Brown, P.C. has many years of experience helping people in complex situations get divorced. Our Joliet divorce lawyers’ goal is to arrive at a final divorce decree that is as favorable to you as possible. For a complimentary consultation, please contact us at 815-885-5980. 

Source: 

https://www.equitablemediation.com/blog/gray-divorce

https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm