Divorce is often long and bitter fight over the remnants of a marriage. However, it does not have to be, especially if you and your spouse have decided to divorce due to simply growing apart. In Illinois, an uncontested divorce, also called a joint simplified dissolution of marriage, can save couples significant time and trouble if their relationship is still good enough to work together.

The Facts

Essentially, an uncontested divorce simply means that neither spouse is interested in contesting any aspect of the dissolution of marriage. Generally, this is achieved by presenting the court with a divorce decree co-written by the spouses, stipulating to issues such as asset distribution. The court does have the right to modify a separation agreement authored by the spouses, though this will not usually occur unless the agreement is clearly unconscionable. Illinois is an equitable distribution state for the purpose of distributing marital assets, which means that the court will divide all marital property between the spouses in the most equitable way possible or will ensure that the spouses have reached an agreement that is reasonable.

Sadly, many marriages are affecting by patterns domestic violence. While such abuse is most often characterized as perpetrated by a husband against his wife, it can come from either spouse, and it can be directed at anyone in the household. If you are in fear of an abusive or violent spouse and want a divorce, you do have some options and protection in Illinois. It may be imperative one day to know what you have at your disposal.

Have an Exit Plan

The main thing that every abused spouse needs to have when preparing to separate from or divorce a domestic abuser is a strategy for leaving if necessary. Plans for divorce must come after a successful exit and, likely, a restraining order. Statistics from the National Coalition Against Domestic Violence (NCADV) show that an abused spouse is at most risk in the two weeks immediately following their leaving the marital home. A prearranged exit plan that guarantees access to money and safe housing is absolutely critical lest you wind up back in your spouse’s hands.

Divorce can be one of the most difficult times in a person’s life, especially if they are not the one who initiated proceedings. However, some try to actively make things harder for their spouse by doing things such as refusing to sign divorce papers, hiding information, and generally doing their best to impede the legal process. When you are dealing with such obstruction, it is understandable to wonder if it is actually possible for your spouse to deny you a divorce, but rest assured, the answer is no,though it can be made complex and expensive by an intransigent partner.

Delay Tactics Are Common

If you are the person to initiate divorce proceedings against your spouse’s wishes, it is not uncommon for him or her to attempt to delay or otherwise affect proceedings. One common way in which a spouse may attempt to thwart a divorce going forward is to make themselves unavailable to sign the papers. The rationale behind this is the presumption that proceedings cannot go forward without proof that the responding party—your spouse, in this example—has at least been made aware of the filing.

When a marriage is clearly headed for divorce court, sometimes one or both spouses will resort to practices that are not strictly acceptable; some may even be unlawful. Hiding assets is one of the most common of these practices, but its commonality does not make it easier to spot. Some spouses are very successful at hiding assets with other people or in alternate accounts, but there are ways that you can discover such actions and obtain some manner of restitution.

Full Financial Disclosure Is Required

Illinois law demands both spouses provide a full accounting of all marital and non-marital property once divorce proceedings have begun. At the beginning, it can be easier for assets to be hidden, especially by the spouse that governs the household finances, but the discovery process, where both spouses must provide financial records and other documents, can make that much more difficult even if someone does not make a full disclosure. Forensic accountants can trace expenditures through transactions that can otherwise look innocent, and discovery is the time when it is easiest to pick up the proverbial trail.

Divorce causes changes in multiple areas of a person’s life, but one that is often overlooked is a spouse's tax bill. Regardless of the time of year when you divorce, your next tax return is likely going to be affected by such a profound life change. You will likely lose certain exemptions and deductions, but you may also gain some. The important thing is to ensure an active role in how your divorce decree is written, so you can have as much control as possible over the tax consequences for both you and your ex-spouse.

Alimony and Child Support

Perhaps the most unpleasant surprise for so many is the tax consequences of alimony and child support. While the parent with the majority of the parenting time will be granted child support in all but the most unusual Illinois divorce cases—child support is a duty owed to the child or children, not to the ex-spouse—alimony or spousal support is a different matter. To determine whether such payments are warranted, the court will consider a host of factors, such as the income of both parties, the amount of support given during the marriage if one spouse had to leave the workforce for some reason—including giving birth or obtaining an advanced degree—and the actual current needs of each spouse.