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2 factors that may delay divorce proceedings

On Behalf of | Oct 7, 2024 | Divorce |

When a married couple has irreconcilable differences, divorce may be the only feasible option. Like relationships, every divorce is unique. Numerous factors will need to be addressed before the court can legally dissolve the marriage.

The length of time divorce takes can vary from a few months to several years. Delays in divorce proceedings can occur for the following reasons.

Complex property division

Unless the couple has signed a valid prenuptial or postnuptial agreement, marital property in Illinois is divided equitably. Depending on the number and type of assets that the couple owns, this can take a significant amount of time.

To implement the equitable distribution of marital property, the court first needs to identify all marital assets, accurately value them and decide on the fairest way to distribute them. When spouses have a vast portfolio of assets and unique items, this process can be lengthy.

Child custody issues

A divorce can also be complicated by child custody matters. In some cases, parents are able to come up with a custody arrangement that meets the best interests of the child. However, when this doesn’t happen, the court will step in and draw up a custody order that meets the best interests of the child. To do this, the court will need to assess:

  • Each parent’s relationship with the child
  • The physical and mental health needs of all parties
  • The financial well-being of both parents
  • Whether or not there are any potential safety risks

The best interests of the child will be the deciding factor in any ruling that the court makes.

Generally, the more amicable a divorce is, the more efficient the process is. Seeking legal guidance can also help you to settle matters as quickly as possible.