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Not your ordinary property division

In Illinois, like most other states, property purchased during your marriage is considered marital property and, therefore, subject to division in the event of a divorce. However, unlike our neighboring state Wisconsin, Illinois doesn't have community property laws that designate where and what goes to which spouse. In the event of your Illinois divorce, a family court will take a look at your estate, belongings, and property and divide it as equitable as possible, and although many people won't see this division as fair, that is exactly what the courts are trying to do.

The court will consider the length of your marriage and where you and your soon-to-be ex were financially prior to getting married. Your ability to earn money, support children and your past, present and future contributions will also be examined. While it sounds like a guessing game there is a lot that goes into Illinois divorce and property division.

Although complete agreement between spouses on property division is not unheard of, it is not the norm. Having an attorney by your side can help identify the key issues used in dividing property and address them in a way that may be in your favor. Besides, nobody wants to leave a marriage and have to start over from scratch.

If you are facing a divorce and are having a difficult time understanding Illinois property division laws, contacting an attorney can help. Not having a clear picture of what is considered marital property or what you rightfully own, means you stand to lose a lot. With an attorney's skill and knowledge, you can go into your divorce proceedings with confidence that you know your rights and understand the law.

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Goddard & Malmquist

Goddard & Malmquist
1250 South Grove Avenue
Suite 101
Barrington, IL 60010

Phone: 847-382-3995
Fax: 847-382-4038
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333 W. Wacker
Suite 500
Chicago, IL 60606

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