What to Expect During a Divorce

Due to recent circumstances, many couples are finding themselves rethinking their relationship and may be considering divorce. Attorney Todd Sivia and Attorney Shannon McDonnell discuss the logistics and process behind divorce.

When filing for divorce

How long does a divorce take?

A common question most couples have is how long can a divorce take? With an uncontested divorce, meaning both parties are in agreement in terms of property, assets, debts, the reason the divorce is happening, it can take 30 to 60 days with an attorney's help filling out the paperwork. It is possible for the couple to fill it out on their own; however, this can be difficult and may take longer than the minimum time.

Assets and Divorce

When splitting up any assets or anything else needing to be divided, it is important to know that even if your name is not on the deed to the house, any trust, or retirement plans, it will still have to be divided because it was obtained when married or you lived in the house during your marriage. The same goes for if the deed or retirement plan is in your name, your spouse still will be split that share. There are few exceptions to that rule that we will dive into later.

Regarding assets, uncontested divorce or not, couples must sit down and go through checking accounts, tangible property, anything not in debt or a lien must be considered an asset. From there, the couple will divide up the assets. This may not necessarily be 50/50. Efficiency often trumps hard and fast. For example, if you have four types of bank accounts, one partner may take one and the other take three because of the situation that they are in or various reasons pertaining to the couple.

The only thing that cannot be split up are gifts such as a trust given by a deceased loved one. You may have to prove that in the court but once it is proven, your spouse has no right to it. Inheritance, if it has never been commingled in a joint account with your spouse or separate from your marriage, may not have to split it either. However, it must be separate from your married life.

Liabilities and Divorce

Couples also will go through liabilities. This can include



• Debt on the house

• Outstanding credit card debt



Whether the credit card or house is under one person’s name, both parties have to be the ones to resolve it. This can cause some tension between the couple because some debt may not have been known by the other person. But because you are both still married, and according to the law of marriage, “two become one”. This means the couple will have to work together to pay it off the debt. If the couple has a house with a mortgage, they both will have to pay off what is left on the house. After that remainder, that asset will be divided up. 

An important note when it comes to liabilities: just because it is in divorce court, does not mean they will release you with the bank. This means if your spouse has been allocated to pay off the rest of the mortgage but payments are not made, the bank can still come after you because you were also responsible for paying the mortgage when married. The family courts and civil courts are different so writing out protection within the paperwork can help you avoid that problem.

Retirement and Divorce

When it comes to retirement accounts, marital portions must be divided. This means when looking at pensions, 401k, etc., the couple must list those accounts, and when they began while also providing additional information. The divorce lawyer will then investigate the policies of each of those accounts to see what can be divided. Again, efficiency over hard and fast due to the circumstances of the couple.

Length of Marriage matters

As mentioned before, any assets acquired during the marriage need to be divided between both parties. When it comes to support like maintenance (other states refer it to alimony) or child support, it depends on the length of the marriage.



• The time of the marriage can determine how long maintenance is needed, how much you get, and how long you could get that amount of money.



• The length of marriage will determine how much support you will be paying for your kids. The age of the child plays a huge factor in how much you will need to pay.

Kids and Divorce

Kids are sometimes major roadblocks for divorces. Each spouse may have their opinion on the way things should be happening moving forward. The important to ask yourself is, “Would you rather be right or be happy?” This is not just your own happiness, but the happiness of your kids too. This is a big adjustment for them. Often times, it can be a traumatic experience for them because what used to be one happy family is now two separate families living apart. The best thing is to think is this the best thing for you kids.

In 2017, Illinois changed their family court system a bit to join-parenting responsibilities. This means no more sole custody of one parent doing all the work. Both parents will be responsible for specific roles with the child or children that are allocated to them. No matter the allocations to which parent, it needs to be understood that you both will be doing what is best for that child and keep with your responsibilities until that child turns 18 years old.

Insurance and Divorce

Insurance needs to be solved before a divorce is final, specifically who is getting what plan. For example, if you have been on your spouse’s insurance plan, you will need to find a new one. If your spouse gets free insurance through their employer, this is not an added expense for them but one for you.

If you have been on your spouse’s insurance plan, you can file for COBRA coverage which gives you insurance coverage for a certain period of time to find new insurance and you will have some choices to choose from. If you are the spouse that has provided insurance, you will need to help your current spouse through the process. The couple will need to take coverage, co-pays, and what is possibly not covered when it comes to each insurance plan, especially when kids are involved.

Annulment vs. Divorce

One question asked in the webinar is "what is the difference between an Annulment and a Divorce?" Annulment is avoiding the marriage. The annulment is acting like the marriage never happened in the eyes of the law. There are special circumstances to these situations that are often very rare. A divorce is stating that the marriage happened but did not work out and thus, the couple is breaking up. 

Cost of Divorce

The divorce process can be very expensive. The cheapest it can be is if it is an uncontested divorce and it is without an attorney. However, the process could be extended longer if you cannot fill out paperwork or you run into a disagreement. You can use an attorney for mediation and/or to help fill out paperwork. If it is an uncontested divorce, you will need an attorney to communicate to the attorney representing your spouse. 

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