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DuPage County divorce asset division attorneyWhen you are married, your assets become intertwined with your spouse. This can be a good thing that brings much convenience as a married couple, but it can become a huge nightmare if you get a divorce. Before your divorce can be finalized, you and your spouse must come to an agreement over many things, one of them being who gets what property. If you and your spouse cannot come to an agreement on your own, a judge may have to intervene. He or she will follow a specific set of guidelines that are contained in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) when determining how to divide marital property.

Marital vs. Non-Marital Property

Before anything can be split up, it must be determined what is and is not subject to division. According to the IMDMA, any and all property, including debts and other obligations acquired by either spouse during the marriage, is marital property and is subject to division. Non-marital property is not subject to division in a divorce and includes:

  • Property that a spouse acquired by gift, legacy, or descent or property acquired in exchange for that property
  • Property acquired by either spouse before the marriage or property acquired in exchange for that property
  • Property acquired by either spouse after a legal separation
  • Property excluded as written in a prenuptial or postnuptial agreement

Factors to Consider in Property Division Decisions

Once it is determined what is considered marital or non-marital property, then the judge will distribute the marital property between the two spouses. The judge is not allowed to make decisions based on marital conduct, but will consider, among other relevant issues, the following factors:

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Joliet simplified divorce lawyerSo you have finally made the decision to go ahead and get a divorce. While it may be a weight off of your chest, you may not be able to celebrate as quickly as you had hoped. Some divorces can drag on for months, and highly contested divorces can even drag on for years. The last thing you want when you have decided to end your marriage is to have to deal with your soon-to-be-ex for the next 12 months or more. In some cases, you can apply for a joint simplified divorce, which can significantly decrease the time you will be waiting to get a divorce decree.

What Is a Joint Simplified Dissolution of Marriage?

If you meet certain qualifications, you do not need to spend the time to go to court over every little detail pertaining to your divorce. Typically, joint simplified dissolutions are uncontested divorces, meaning both spouses agree to end their marriage and have little to no arguments about issues pertaining to the divorce, such as spousal support or property division. In a joint simplified dissolution, couples typically only have to appear in court one time, when they are ready to make the divorce final. This can ultimately save thousands of dollars in court costs and lawyer fees.

Qualifications for Joint Simplified Dissolution

Even though it sounds like everyone would want to use the joint simplified dissolution procedure to complete their divorce, not everyone can. You must meet a certain set of requirements before you can begin the simplified process. If all of the following are true, you and your spouse can use the simplified method to complete your divorce:

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Will County asset division attorneyWhen a couple marries, they not only join their lives but also their wealth and assets. If you and your spouse are considering getting a divorce, you may have questions about how your accumulated property will be divided. Some states automatically divide marital property exactly in half, but Illinois courts use a more nuanced process for determining how marital property is split between divorcing spouses. If you plan to get a divorce in Illinois, you should know how assets are divided according to the state’s equitable distribution laws.

Differentiating Between Marital Property and Non-Marital Property 

Only marital property is divided during a divorce. Assets acquired during the marriage by either spouse are considered marital property, with exceptions for inheritances, certain gifts, and property addressed in a valid prenuptial agreement. Non-marital or separate property generally includes assets acquired by either spouse before the marriage or after separation. However, it is important to note that assets acquired before the marriage which have been commingled with the other spouses’ assets may be considered marital property during divorce. 

In Illinois divorces, marital property is divided in a way that is just and reasonable based on each spouse’s circumstances. This division method differs from the property division methods of other states in that marital property is not always evenly divided. For example, Illinois courts may be more likely to award the family home to the spouse who will have more parental responsibilities.

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DuPage County divorce child custody lawyerIf you are a parent who is considering ending your marriage through divorce, you probably have concerns about how you and your soon-to-be-ex-spouse will share responsibility for your children. Some couples are able to come to a custody decision together, while other divorcing couples require court intervention to arrive at a workable custody plan that protects parents’ rights and children’s best interests. If you are considering divorce, and you and your spouse share children, it is important for you to know the basics of child custody laws in Illinois.

Different Types of Custody

Illinois courts recognize two forms of custody: physical custody and legal custody. Together, the two concepts comprise what the law calls the “allocation of parental responsibilities.” Physical custody refers to which parent the child is with at any given time, and it is called “parenting time” in Illinois law. Legal custody is referred to as “significant decision-making responsibilities,” and it involves the right of a parent to be involved in major decisions about their child’s upbringing. Decision-making authority can be given to just one parent, or both parents can share responsibility for different areas identified by the law: education, healthcare, religion, and extracurricular activities. While most experts agree that children do better with both parents in their lives, a shared custody arrangement may not be appropriate for families with a history of abuse or neglect.

Factors Considered During Court-Ordered Child Custody Arrangements

If divorcing parents cannot come to an agreement regarding parenting time and parental responsibilities, then custody decisions will be made in court. A family court judge ultimately makes custody decisions for parents who cannot agree to a plan based on what he or she thinks is in the best interests of the child. When making these decisions, a family court judge will consider factors such as:

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Will County alimony lawyerf you believe what you see on TV and in the movies, the “average” American family once looked quite different from what it looks like today. In many homes, the man of the house worked full time, while his wife was a stay-at-home mother and homemaker. Of course, this was not how every family worked, but the situation was so common that when a divorce occurred, it was practically assumed that the husband would make support payments—called alimony—to the wife to help her make ends meet.

In the last 40 years or so, much has changed about family life. Today, only a select few households can afford for just one spouse to work. Additionally, each spouse’s role can now be customized to meet their family’s needs with far less concern about social pressures or gender-based expectations. These changes have been reflected in divorce laws across the country, including here in Illinois, with lawmakers intent on making divorce as fair as possible for all couples. One example can be found in the state’s laws regarding alimony—now called spousal maintenance—and the fact that it will not always be ordered in divorce cases.

Important Factors

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) says that if there is no prenuptial or postnuptial agreement that addresses the issue of maintenance, the court must determine that a need exists for such payments before they can be ordered. To determine need, the court will look at a number of factors related to the marriage and divorce, including:

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