Tag Archives: property division

IL divorce lawyerEven the simplest divorce cases have the potential to become stressful and drawn out. Certain factors though, can exacerbate this process and complicate a divorce case. When these factors are involved, the divorce process not only becomes more costly, but also more stressful and will take more time. People going through the process cannot always control these factors and that can make a divorce even more stressful. An experienced divorce lawyer can advise on these factors, and take some of the complications out of the process.

When Your Spouse Does Not Want a Divorce

Illinois is a no-fault divorce state, which means that you and your spouse do not need to agree to a divorce. If you want a divorce, you must only file a complaint with the family courts. Within your complaint, you must only state that there has been a breakdown in the marital relationship and that there is no chance of reconciliation.

However, while the law allows you to get a divorce regardless of whether your spouse agrees, it can make the process more complex if your spouse does not agree. They may try to intentionally make the process more difficult, or they may try to draw out the process in the hopes that you will change your mind. Regardless of their actions, you can still get a divorce but it will be more expensive and more complex.

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IL divorce lawyerDivorce is a complex, confusing, and exhausting process. If you are getting a divorce, you know how much there is at stake. You likely not only want to settle the case quickly, but also do not want to leave any money on the table once it is finalized. A divorce lawyer will help you navigate the problems the process may present, and help you secure the fairest settlement possible. Below are a few of the ways in which a family lawyer can help with your divorce case.

Property Division Issues

Dividing property is complicated in any divorce case. A lawyer can advise on the equitable distribution laws in the state, and what assets of yours are considered marital or separate property. A lawyer will also discover any debt incurred by your spouse, and help you determine whether or not you are liable for it. If you have been married for a long time, a lawyer can also help determine if you are entitled to a portion of your spouse’s social security benefits or other retirement accounts.

Spousal Support

Many people have the right to ask for spousal support when they are going through a divorce but they do not even know it. A divorce lawyer will review the circumstances in any specific case and determine whether spousal support is appropriate. A lawyer can also help you calculate how much spousal support to ask for, if it is right for your case.

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IL divorce lawyerDivorce forces you to think about your future, what you want it to look like, and how to protect and prepare yourself for it. While trying to place yourself in the best position possible once your divorce is finalized, you may try anything to keep your family home. The marital home is typically the biggest asset in any divorce and one that often both spouses wish to keep. Before you enter into a fight regarding the home, there are some very important questions you must ask yourself.

Is the Home Marital Property?

Under Illinois’ property division laws, marital property is subject to equitable division. This means that if you and your spouse purchased the home together after you were married, the court will divide the home fairly, although not necessarily equally. If you or your spouse bought the home alone before marriage, on the other hand, it is separate property and the purchaser can keep it outright. Typically, family homes are considered marital property, although that is not always the case.

Do You Have a Premarital Agreement?

More and more couples today are entering into premarital agreements prior to marriage. If you and your spouse did this and the home was mentioned in the agreement and the agreement is deemed enforceable by the courts, the terms included in the agreement will stand, even if it is no longer your preferred outcome.

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IL divorce lawyerIt is always a difficult situation when two people get divorced and, at least until it is final, have to live in the same home. There is typically tension between the two parties, and that stress can filter throughout the house. When children are involved, they can feel it too, and that can become unhealthy. In some instances, it may be possible for one spouse to evict the other from the marital home and take exclusive possession of it. Unfortunately, this is not easy to do. An Illinois divorce lawyer can help individuals that wish to take exclusive possession of their home.

Exclusive Possession Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA)

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows for one spouse to seek exclusive possession of the marital home in certain situations. The requirements to warrant exclusive possession under this Act though, are quite strict. This type of possession is only granted when one spouse is in fear of their mental or physical welfare or the welfare of their children.

It is important to understand that the stress of living with another spouse is not enough to warrant exclusive possession. There must be a genuine fear that living with a spouse will place a person or their children in jeopardy. However, individuals that obtain exclusive possession can temporarily evict their spouse, and even change the locks if they wish.

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IL divorce lawyerWhen getting a divorce, couples have a lot to think about. They will likely wonder what will happen to their car, to the marital home, and other assets. One factor that is often overlooked though, is the family pet. If the pet was acquired during the marriage, it is considered marital property. So, when this is the case, what happens to the pets in an Illinois divorce?

Pets According to Property Division Rules

In many cases, the courts may choose to include the pet in property division hearings. This means it will be treated just like other property. Illinois is an equitable distribution state. That means that property is divided fairly, although not necessarily equally. Of course, a pet cannot be divided, leaving many couples again wondering what will happen to it in a divorce.

If one of the spouses really wants to keep the pet and both spouses can agree, the courts may grant ownership to the spouse that wants to keep the animal. In exchange, the courts will also likely grant the other spouse a greater portion of other property or assets, in order to keep property division hearings fair.

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