What Makes an Illinois Divorce Complex in Nature?

 Posted on December 18, 2025 in Illinois Divorce

When two people get married, they tend to envision a long future together. However, the Association for Behavioral and Cognitive Therapies estimates that around 50 percent of first marriages in the U.S. end in divorce. Sometimes, people simply fall out of love, or external circumstances may lead to the collapse of the marriage. 

Whatever the reason, some divorces are much more complicated than others. For couples without kids, substantial assets, or who generally get along quite well, divorce may be simple. For others, divorce can be very difficult to resolve. 

If your marriage has reached a definite ending point, consider working with a St. Charles, IL divorce lawyer who can protect your rights. Our firm has been open for more than 40 years, so you can rely on our attorneys to provide you with counsel driven by real experience and successful case results.

Three Things That Can Complicate Your Illinois Divorce in 2026

Child Custody Issues 

Parents going through a divorce have to deal with the extra stress of figuring out custody. In Illinois, custody has two major components. Decision-making responsibility, or custody, refers to decisions for important issues like school, healthcare, and education. On the other hand, parenting time (visitation) decides who will take care of the child on a day-to-day basis.

Both parents may want to have equal decision-making authority and spend as much time with their children as possible. If spouses cannot agree on an arrangement, the court will intervene and make a decision based on the best interests of the children (750 ILCS 5/602.7). Co-parenting can be especially difficult if the spouses are not on good terms with each other.

When is Sole Custody Possible in Illinois? 

Parents may ask the court for sole custody when the other parent is unable or unwilling to care for the child’s physical or emotional needs. Examples include situations of abuse, neglect, or domestic violence.

To get sole custody, the requesting parent must show clear evidence that the other parent’s conduct or condition puts the child at risk. The court will look at factors such as stability of the home environment and each parent’s ability to meet the child’s daily needs. In some cases, the court may also factor in the child’s wishes if he or she is mature enough. Ultimately, Illinois courts focus on what arrangement promotes the child’s safety, health, and well-being.

Division of Assets 

One of the most contentious aspects of a divorce is the division of the marital estate. Splitting up property and assets can cause many disputes. Illinois is an equitable distribution state, which means marital property is divided in a fair way, but not necessarily 50/50.  

When a couple has many valuable assets, this can complicate matters when determining who gets what. Assets are often sold and the profits divided. This can even include more complex assets like retirement or investment accounts. And if one or both spouses take on significant debt, that also has to be split during the divorce

Asset Dissipation 

The division of assets can become even more difficult if one spouse intentionally wastes marital assets. This is known as dissipation, and it may require intensive investigation to uncover in your divorce. Some common examples of dissipation include:

• Gambling away savings

• Using marital funds to pay for an affair

• Making a large expenditure prior to filing for divorce

• Giving relatives or friends large sums of money

• Selling assets for less than they are worth

A forensic accountant can help find hidden assets and identify assets that may have been dissipated. This type of financial professional will perform a thorough examination of a couple’s financial records. These professionals will note anything that seems unusual, unidentified, or frivolous.

Alimony

When thinking about life after divorce, it can be daunting to think about starting over. This is especially true in marriages where one spouse may have been out of the workforce for a long time. In determining if spousal support should be awarded in an Illinois divorce, the court will consider several factors. For example, the judge will look at each party’s needs and income, as well as the standard of living during the marriage.

In Illinois, court-ordered support is usually paid according to pre-set guidelines. However, if your and your spouse’s income exceeds $500,000, the court can depart from these guidelines. Complex divorce cases often involve couples who have high-value assets. This can include large investments, substantial savings, and business ownership. Property settlements can affect alimony payments and couples are encouraged to negotiate their own agreement whenever possible. 

Contact a St. Charles, IL Divorce Lawyer

Divorce under any circumstances can be painful. High net worth estates and concerns about children can complicate things even more. The experienced legal team at Weiler & Associates, Inc. is prepared to advocate on your behalf and protect your rights. 

Our dedicated Kane County, IL family law attorneys will give you representation that ensures your rights are protected.. To schedule a private consultation, call us today at 630-331-9110.