In divorces without minor or dependent children in the home, property division in an Illinois divorce is often the most disputed area. The law provides some guidelines, but when the parties cannot agree, the judge is the one who ultimately determines how the property will be divided. Carbondale, IL divorce lawyer Brian Roberts understands the things the judges must consider when determining the property division in Illinois divorce hearings. Contact him to see how he can help you.
How property division in an Illinois divorce is determined by a number of factors that include, but are not limited to: debt division, spousal support after the divorce, non-marital and marital property, income of the parties individually and collectively, and much more.
There are two types of property in an Illinois divorce. There is marital and non-marital property. Marital property is, generally, any property that was obtained during the course of the marriage as a result of the work or efforts of either of the spouses. Non-marital property is property that was either brought to the marriage by either party, or was specifically acquired by gift or inheritance to one party.
Courts do not have the power to divide non-marital property. Non-marital property belongs to the spouse who either brought it into the marriage, or who acquired it in a way that makes it non-marital property. Non-marital property can, however, become marital property throughout the course of the marriage. This can quickly become a very complicated area of property division in Illinois divorce proceedings.
Even if both parties agree on the property division in Illinois divorce proceedings, the judge must still approve and order the division of the property in accordance with that agreement. Judges have a lot of things they must consider before simply signing off on the property agreement of the parties. They will consider whether there are minor or dependent children of the marriage, the fairness of the overall divorce agreement, and other factors. In rare cases a judge may order a hearing in a property division agreement even if both parties are in agreement, to ensure the fairness of the agreement.
If you are going through a divorce in Illinois, or are contemplating a divorce in Illinois contact Carbondale, IL divorce lawyer Brian Roberts before you make any agreement as to property division. An agreement of property division in Illinois may become binding even if you later find out information that you were unaware of at the time you agreed. Brian is experienced and skilled in all facets of an Illinois divorce and will help you best protect your interests. Contact him now.