Statistically, about 40% of first marriages end in divorce. That jumps to around 60% for second marriages, and all the way up to 70% for second or third marriages with children. In addition to these statistics, fewer people are getting married before they have children, resulting in large numbers of blended marriages later in life. Of course, some of these marriages end in divorce.
Blended families – where both parents have children from previous relationships – face special complications during divorce. Here, we look at some of those factors affecting parents who are getting divorced for the second or third time.
Custody Arrangements
Figuring out a custody plan is complicated, especially when parents seek visitation with their step-children. If you did not adopt the children from your spouse’s previous marriage, visitation is not guaranteed.
Courts will consider various factors when granting custody to step-parents, including whether visitation would be in the child’s best interests and what the biological parent prefers. When there are strong emotional bonds between a stepparent and a child, and when a stepparent can prove their visitation would not harm a child’s relationship with her biological parents, visitation is more likely to be granted.
Child Support
The Illinois Marriage and Dissolution of Marriage Act enumerates the law on child support, including when blended divorces occur. In Illinois, the non-custodial parent is responsible for child support, but when a blended family divorces, things get much more complicated. The court will consider whether a stepparent is already paying child support to a previous spouse, and how much of the children’s visitation time is granted to each spouse. Typically, courts work with parents to adjust child support according to the needs and situations of both parties.
Dividing Assets
A blended family situation can seriously complicate the division of assets in a divorce. If there are shared properties, or businesses couples have built together, they will need to make some challenging decisions about how to split them up – especially if previous partners are also involved in the ownership. Individuals in this situation should hire a skilled attorney with extensive experience handling complex divorces.
Contact a Burr Ridge, IL Contested Divorce Attorney
If you have a blended family and are thinking about divorce, you should speak with a knowledgeable DuPage County divorce lawyer about your case. At Botti Marinaccio, LTD, we have experience working with many different situations, including blended families in complex divorces and challenging asset disputes. To schedule a consultation, call our office today at 630-575-8585.
Sources:
https://www.cdc.gov/nchs/nvss/marriage-divorce.htm?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fnchs%2Fmardiv.htm
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000