Divorce property division can be one of the most acrimonious aspects of going through a divorce. Illinois is an “equitable distribution” state in which the court must equitably divide the property accumulated during the marriage. To do so the court must first make a determination as to what property owned by the parties is marital or non-marital. Non-marital property is property, generally and with exceptions, acquired by a party prior to marriage or by direct gift and maintained separate from the marital estate. Marital property, again, generally and with exceptions, is property acquired by the parties during the marriage, this includes income. Only marital property can be divided by the court, however, the court may take into consideration a party’s non-marital assets when making an equitable division of the marital estate. The court’s objective is not an even split, but a fair split. Division of property divorce is handled in such a manner as to be fair to both the individuals in the marriage and the marriage itself.
A variety of different factors are considered during the division of marital property and it’s important to hire an experienced attorney for the property division like Michael L. Lodermeier, P.C.
Separation of marital property is formulaic. There is potential for a spouse to receive a great deal from the division of marital property or very little, and that amount is dependent upon what the attorney is able to prove in the court in regards to the length of the relationship, contributions of both partners, and who owned what and when. The investigation of divorce property sometimes requires your DuPage County divorce attorney to reach out to investigators to ensure that all of the marital property has been located and produced for the court’s consideration.
Dividing marital property is the job of the attorneys and the courts. Divorce and property division is what makes or breaks a family law practice. Being able to navigate the property division in divorce cases and produce the most equitable result for the client is the duty of every firm.
We want you to have what you deserve from a marriage that you went into with the very best intentions. We want you to keep what is fair and equitable. It is our goal to be that mechanism by which a true equitable distribution is meted out. When children are involved, we want them to see seamless transition and not do without because the two parents can no longer cohabitate.
Call us today to discuss divorce division of property.