Tag Archive for: property division

Ask an Attorney: Top 4 Questions for Domestic Violence & Divorce

When domestic violence enters a marriage, it can significantly affect the divorce process, making it crucial to have a clear understanding of your legal rights and options. 

Nearly 1 in 4 women and 1 in 7 men will experience severe intimate partner violence. Domestic violence is a widespread problem that touches people from all backgrounds. Its effects cause physical harm and emotional wounds that are endured for years. 

As we recognize Domestic Violence Awareness Month this October, it’s essential to understand your legal rights, especially when facing divorce. At Masters Law Group, our experienced divorce attorneys are here to answer the top four questions about domestic violence and divorce. Here’s what you need to know.

What is Domestic Violence?

Domestic violence involves a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner. It can take many forms, including:

  • Physical Abuse: Hitting, slapping, choking, or any form of physical harm.
  • Emotional Abuse: Verbal attacks, manipulation, isolation, threats, and undermining a person’s sense of self-worth.
  • Sexual Abuse: Forcing a partner into sexual activity against their will.
  • Financial Abuse: Controlling or restricting a spouse’s access to financial resources.
  • Psychological Abuse: Intimidation, stalking, or constant threats.

Domestic violence is not limited to physical harm. Emotional and psychological abuse can be just as damaging, leaving long-term effects on the victim’s well-being. Recognizing the signs of domestic violence is the first step toward seeking help and protecting yourself and your family. Let’s take a closer look at some of the most commonly asked questions related to divorce and domestic violence.

1. What Effect Does Domestic Violence Have on the Divorce Rate?

Domestic violence—whether physical, emotional, or psychological—often leads to the breakdown of a marriage. Victims may feel unsafe, trapped, or unable to continue the relationship, pushing them toward divorce as a means of escape. Beyond the personal and emotional toll, domestic violence creates an environment of fear and control. This can make it impossible for the marriage to survive.

Research consistently shows that marriages affected by domestic violence have a significantly higher likelihood of ending in divorce. According to a survey published in the National Library of Medicine, 24% of divorces are directly attributed to domestic violence. In these situations, divorce can be a crucial step toward safety and healing for victims. Divorce can also offer legal protections, such as orders of protection. An order of protection can help survivors secure physical and emotional distance from their abuser. 

2. How Do You Prove Emotional Abuse in Divorce?

Proving emotional abuse in divorce can be challenging. However, it is not impossible. Emotional abuse can manifest in many ways, including isolation, manipulation, threats, verbal attacks, and controlling behavior. To prove emotional abuse in divorce proceedings, individuals can present various forms of evidence:

  • Documentation: Keep a journal or records detailing instances of emotional abuse, including dates, times, and descriptions of incidents.
  • Witness Testimony: Family members, friends, or colleagues who witnessed the abusive behavior can provide testimony.
  • Professional Reports: Reports from mental health professionals who have treated the victim for emotional distress can be valuable.
  • Text Messages/Emails: Written communications that show patterns of manipulation, threats, or degrading language can be powerful evidence in court.

An experienced divorce attorney can help victims gather and present this evidence to help ensure their voices are heard and their rights protected during divorce proceedings.

3. Does Emotional Abuse Affect Divorce Settlement?

Emotional abuse can have a significant impact on divorce proceedings, even in a no-fault state like Illinois. While proving abuse isn’t necessary to file for divorce, it can still influence important aspects of the settlement, particularly regarding parental responsibilities and financial arrangements. Here are two key ways emotional abuse may affect a divorce settlement.

Parental Responsibilities

Although Illinois no longer requires fault to be proven for divorce, it can still be relevant in determining how certain aspects of the divorce are resolved. In Illinois, the courts prioritize the child’s best interests when deciding parental responsibilities and parenting time. Emotional abuse—whether directed at the other spouse or the children—can heavily influence these decisions. 

If one spouse has been emotionally abusive, it is pertinent to how parenting time is allocated. This may lead to restrictions on visitation rights. These restrictions may include:

  • Supervised Visitation: The abusive parent may only be allowed supervised visits.
  • Counseling Requirements: The court may require counseling for the abusive parent before modifying visitation.

Financial Matters

Although Illinois is a no-fault divorce state, emotional abuse can still play a role in how the court views financial matters such as property division and spousal support. While judges typically focus on equitable division of assets, emotional abuse may influence these decisions in the following ways:

  • Property Division: In Illinois, the length of the marriage can impact how property is divided. If emotional abuse caused one spouse to leave the marriage prematurely, shortening its duration, this could affect the division of marital property. 
  • Prenuptial Agreements: Illinois courts generally uphold prenuptial agreements as long as they were entered fairly, with both parties having independent legal representation and full knowledge of each other’s finances. However, if there is evidence that a spouse was emotionally manipulated into signing the agreement, the court may invalidate or alter certain provisions.

If you’re facing emotional abuse in your marriage and are concerned about how it might affect your divorce settlement or parental responsibilities, it’s crucial to consult a divorce attorney.

4. What is Emotional Battered Wife Syndrome?

Emotional Battered Wife Syndrome describes the psychological impact of long-term emotional abuse within a marriage. While “battered wife” specifically refers to women, the syndrome can apply to anyone who has endured prolonged emotional abuse. Emotional Battered Wife Syndrome is characterized by:

  • Feelings of Helplessness: Victims may feel trapped in the relationship due to fear, shame, or economic dependence on their abuser.
  • Low Self-Esteem: Constant emotional abuse can erode the victim’s sense of self-worth, making it difficult for them to see a way out.
  • Denial or Minimization of Abuse: Victims often downplay or deny the severity of the abuse, convincing themselves it’s not “bad enough” to leave.
  • Post-Traumatic Stress Disorder (PTSD): Many victims of emotional abuse suffer from symptoms of PTSD, including flashbacks, anxiety, and depression.

Understanding the psychological effects of emotional abuse is crucial in divorce cases involving domestic violence. A divorce attorney can help you navigate this complex situation and provide the legal support to secure your safety and well-being.

How Masters Law Group Can Help

At Masters Law Group, we understand how difficult it is to navigate divorce when domestic violence is involved. We are here to help you receive the protection and legal support you need to feel safe and secure. If you are living in DuPage County or the Greater Chicagoland Area, our divorce attorneys are ready to stand by your side and guide you through this challenging time. Here’s how our team can help:

  • Obtaining Orders of Protection: We can help you secure a restraining order to protect yourself and your children from your abuser.
  • Filing for Divorce: We guide you through the divorce process, helping ensure your rights are protected and advocating for your safety and well-being.
  • Parental Responsibilities Support: Domestic violence can heavily influence parental responsibilities. We fight for arrangements that prioritize the safety and best interests of the children involved.
  • Property Division: In cases involving domestic abuse, we seek fair and just division of assets, helping victims not suffer financially.

At Masters Law Group, we approach every case with compassion and determination. We understand how difficult it may be to escape an abusive situation, and that is why we are committed to standing by your side throughout the legal process.

Community Resources

The DuPage and Chicagoland areas offer a range of services for survivors of domestic violence. These organizations provide critical support:

  • Family Shelter Service offers comprehensive assistance, including emergency shelter, counseling, legal advocacy, and support groups, making it a vital resource for individuals and families in DuPage seeking safety and help.
  • The Chicago Metropolitan Battered Women’s Network serves as a resource hub, connecting survivors to shelters, counseling, and legal aid services throughout the city.
  • The Connections for Abused Women and their Children (CAWC) provides shelter, counseling, legal advocacy, and support services for families, along with a 24-hour hotline and emergency shelter.

These organizations, along with the Illinois Domestic Violence Hotline and the Domestic Violence Legal Clinic, form a strong network of support for survivors. They offer a range of services that can help individuals rebuild their lives.

Final Thoughts

Divorces involving domestic violence can be challenging, but you do not have to face this difficult time alone. At Masters Law Group, we understand the sensitive nature of these cases and are here to provide the legal support you need. As we observe Domestic Violence Awareness Month, let us reaffirm our commitment to raising awareness and supporting survivors.

Contact us today to learn how we can help you protect your rights.

Divorce vs. Legal Separation

There are numerous options available for couples facing challenges in their marriage. Two common actions that couples consider are divorce and legal separation. Understanding the distinction between these two choices is crucial in Illinois when making life-changing decisions.

Navigating divorce and legal separation in Illinois brings up a multitude of legal factors and emotional concerns. In this blog, our experienced Illinois-based Divorce and Family Law attorneys explore the differences and provide insight into the unique aspects of each process. 

Divorce vs. Legal Separation

Before delving into the process, it’s essential to understand some fundamental differences in an Illinois divorce or separation. A divorce terminates marriages, freeing both parties to remarry. On the other hand, a legal separation does not dissolve the marriage. Instead, it provides a legal framework for spouses to separate while addressing child custody and property division issues. Let’s take a deeper look at what each option entails.

Illinois Divorce

Divorce is a legal process that results in the termination of a marital union, allowing both spouses to return to the status of single individuals. The primary aspect of divorce is that it terminates the legal relationship between partners. Divorces divide not only their physical assets but also their debts, responsibilities, and future rights.

To file for divorce in Illinois, at least one of the spouses must have been a state resident for at least 90 days. This residency requirement ensures that the case gets filed in the appropriate jurisdiction. It’s crucial to note that Illinois is a no-fault divorce state, which means that you don’t have to prove wrongdoing or assign blame for the marriage breakdown. 

The only recognized ground for divorce is “irreconcilable differences,” which signifies that the marriage has broken down beyond repair. After the legal proceedings, the court issues a divorce decree addressing the division of property, spousal support (if applicable), child custody (Parenting Time), visitation, and child support arrangements.

Illinois Legal Separation

A legal separation is an alternative option for couples who wish to live apart and establish legally binding arrangements while remaining married. Unlike divorce, legal separation doesn’t dissolve the marriage itself. Instead, it outlines each spouse’s responsibilities, rights, and obligations, similar to a divorce decree, but without terminating the marital status.

People in Illinois seek legal separation for various reasons, including religious or personal considerations. It allows couples to establish specific terms related to property division, spousal support, child custody, visitation, and child support. Legal separation protects both parties, as they can enforce the terms outlined in the separation agreement through court orders.

Key Differences and Considerations

Divorce can have various emotional effects on you and your family, depending on the separation’s circumstances. It is essential to be aware of these potential effects and address them proactively. Let’s take a look at how some of these issues vary.

  • Parenting Time: Parenting Time (formerly called Child Custody) and support are crucial in divorce or legal separation cases involving children. Illinois courts prioritize the child’s best interests when determining parenting time arrangements and support payments.
  • Emotional Impact: Divorce often carries a more profound emotional impact, given that it signifies the end of the marital relationship. Legal separation can be viewed as a temporary arrangement, allowing couples to reassess their situation.
  • Religious or Personal Issues: Legal separation allows couples with religious or personal differences another avenue for divorce. It offers them a middle ground between maintaining their marriage and living apart.
  • Financial Considerations: Both divorce and legal separation address financial matters, but the implications may vary. Consulting legal and financial professionals is essential to ensure that your rights and assets are adequately protected.
  • Property Division: Illinois follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally between spouses. We must consider factors like the length of the marriage, the contributions of each spouse, and their financial circumstances.

Divorce and Legal Separation Process

Divorce and legal separation: Each option has its outcomes and impacts. To start either process, one spouse (called the petitioner) must submit a request to their circuit court.

Both divorce and legal separation involve similar legal procedures. These procedures can include discussions, mediation, and court hearings. Opting for a legal separation lets spouses keep certain marital benefits, like health insurance coverage. On the other hand, divorce brings more significant changes, such as the freedom to remarry and the end of spousal benefits.

If you want a legal separation, you can submit a Petition. This document states that you and your spouse live separately, including information similar to a Petition for Dissolution of Marriage.

You must file for legal separation in the county where:

  • Your spouse resides; OR
  • You and your spouse last resided as husband and wife; OR
  • If your spouse cannot be found in Illinois, the county in which you reside.

Remember, every case is different, and the legal steps may vary. It’s a good idea to consult a family law attorney to understand the process and consequences of divorce and legal separation in Illinois.

Divorce Mediation

If neither divorce nor legal separation sounds like the ideal outcome to your situation, there is another way to settle disputes: mediation.

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward.

Working With a Family Law Attorney

If you’re looking for a top lawyer in Illinois, consider working with the skilled attorneys at Masters Law Group. Masters Law Group is located in downtown Chicago, covering divorce cases in Cook County and surrounding regions. Our focus areas include divorce, legal separation, mediation, and other family law issues.

Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, have been recognized by prestigious publications such as Best Lawyers, Super Lawyers, and Leading Lawyers, ensuring you have someone you can trust during your divorce. Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you want to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

If you’re considering a divorce, legal separation, or mediation services in Illinois, you don’t have to go it alone. Our dedicated attorneys are ready to skillfully advocate for your position and provide your voice when needed. Servicing Cook, Will, Lake, and Dupage counties, our attorneys can help guide you through the process and protect your rights every step of the way.

Contact us today to schedule a complimentary consultation and learn how we can support you through your divorce or legal separation.

Navigating International Divorce

International divorce has become prevalent in our ever-connected world. Unraveling the intricate divorce web when it spans borders can be an emotional rollercoaster. If you are facing separation while living overseas, here’s what you need to know. 

The Hague Convention on Private International Law provides a comprehensive framework designed to tackle the legal complexities of these cases. 

Understanding the Hague Convention

The Hague Convention on the Recognition of Divorces and Legal Separations, commonly known as the Hague Divorce Convention, is an international treaty that establishes a legal framework for recognizing divorces and separations across different countries. The Convention was signed on June 1, 1970. Its main objective is to provide clarity in resolving conflicts of law and jurisdictional matters in international divorce cases.

The law is fundamental as the legal systems for divorce or separation can vary. The Hague Divorce Convention applies when a couple from different countries ends their marriage or obtains legal separation. It aims to ensure the divorce or separation is recognized and enforceable in the country where it was granted and in other countries that are party to the Convention. Let’s look at the aspects addressed by the Hague Divorce Convention in international divorce proceedings.

Jurisdiction and Applicable Law

The Convention provides rules and criteria to determine which country’s court has jurisdiction over divorce or separation. Establishing clear guidelines helps avoid conflicts and uncertainties that may arise when multiple countries could claim jurisdiction over a case—establishing a process for identifying a divorce or separation granted in one country as valid and legally effective in another country that is a party to the Convention.

This facilitates the implementation of the rights and obligations arising from the divorce or separation, such as:

  • Property Division.
  • Child Custody.
  • Spousal support across international borders.

The Hague Divorce Convention requires participating countries to establish central authorities for receiving and processing requests to recognize legal separations. These central authorities serve as contact points between individuals seeking recognition of their divorce or separation in other countries.

It’s important to note that not all countries are party to the Hague Divorce Convention. Therefore, its provisions may not apply in certain jurisdictions. Couples considering an international divorce or legal separation should consult with a divorce attorney familiar with Hague Divorce Law to understand the specific requirements and procedures applicable to their situation.

Central Authorities and Communication

Under the Hague Convention, each participating country designates a Central Authority. The Central Authorities act as intermediaries between the parties and authorities in different countries to ensure effective communication. One of the primary functions of the Central Authorities is to assist in locating parties involved in an international divorce case.

They help individuals identify and contact the appropriate authorities in the country where the divorce or legal separation was granted or is being sought. This is particularly important when one party resides in a different country—making effective communication channels between the relevant jurisdictions essential. 

Child Custody and Visitation

International divorces often involve child custody and visitation issues. The Hague Convention on the Civil Aspects of International Child Abduction can provide guidelines for resolving these issues. Its primary objective is to protect the child’s best interests and establish cooperation between countries to enforce custody orders effectively.

The Hague Convention addresses child custody and visitation disputes in international divorces. It aims to protect the child’s best interests and promote cooperation between countries to enforce custody orders effectively. The Convention establishes guidelines for resolving international child custody disputes, considering factors such as the child’s habitual residence. Participating countries cooperate to determine jurisdiction and enforce custody orders made by applicable laws.

Parents involved in international child custody disputes should seek legal advice from international family law attorneys to navigate and ensure the child’s best interests are upheld. The Hague Convention does not dictate specific custody arrangements but provides a framework for prioritizing the child’s well-being. If a parent unlawfully removes a child violating a custody order, the Convention can ask for a prompt return to the child’s habitual residence.

Challenges and Limitations

While the Hague Convention on the Recognition of Divorces and Legal Separations provides a valuable framework for resolving international divorce matters, it is essential to acknowledge it has limitations. Although the Convention has set guidelines, countries may have legal systems and cultural perspectives that can change their performance. This results in variations of how the way is implemented, leading to difficulties in these cases. These challenges can occur due to variations in convention interpretation.

Another challenge lies in differences in legal systems and procedures among participating countries. Each country may have specific laws for divorce, legal separation, and child custody. These differences can affect jurisdiction, enforcing custody orders, and ensure the child’s best interests. Seeking guidance from legal professionals in international family law is crucial to effectively navigate these challenges and provide the best possible outcome in international divorce cases.

Working With an International Divorce Attorney

When navigating an international divorce, it is highly recommended to seek the assistance of an attorney with experience handling such cases. An international divorce attorney possesses the knowledge and understanding necessary to navigate the complexities and unique challenges in cross-border divorce proceedings.

At Masters Law Group, our attorneys have experience with international divorces and are well-versed in the legal frameworks of international family law. This experience and knowledge allow them to provide valuable guidance on how these legal instruments may apply to your specific situation.

Last Thoughts

International divorce cases can be intricate, involving a comprehensive understanding of the legal framework and potential hurdles. By familiarizing yourself with the Convention and seeking legal advice, you can navigate international divorce with confidence and clarity. At Masters Law Group, we are here to assist you. Take the first step towards resolving your international divorce by scheduling your complimentary consultation with us today.

 

Check out our recent Hague Convention Cases here:

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Illinois Property Division in Divorce

If you are approaching divorce in Illinois, you may wonder how the law treats the division of marital property. Here’s what you need to know. 

Divorce is a difficult and emotional process that can be made even more complicated by the division of property between spouses. Marital property includes more than your family home. The legal definition of an asset in a divorce is anything that has a real value. Assets can include tangible items that can be bought and sold such as cars, properties, furniture, jewelry and even cryptocurrencies such as Bitcoin. 

Illinois is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. This is in contrast to community property states, where marital property is divided equally between the spouses.

The Strain of Property Division on Divorcing Couples

The division of property that you and your spouse have shared for years can seem especially tricky, often introducing fresh grievances or re-igniting old ones in the process. Here are some of the reasons why property division can be difficult in divorce:

  1. Emotional attachments to property: Couples may have emotional attachments to certain properties, such as a family home or heirloom, which can make it difficult to negotiate a fair division.
  2. Disagreements about what is fair: Spouses may have different ideas about what is a fair division of property. For example, one spouse may argue that they should receive a larger share of the marital property because they earned more money, while the other spouse may argue that they should receive a larger share because they contributed more to the household.
  3. Complexity of assets: Couples may have complex assets, such as businesses, investments, or retirement accounts, that are difficult to value and divide.
  4. Difficulty agreeing on values: Even when the assets are not complex, it can be difficult to agree on the value of the assets, especially if they have appreciated or depreciated in value since they were acquired.
  5. Legal complexities: Property division in divorce can be a legally complex process, and couples may struggle to understand the relevant laws and regulations.
  6. Fear of financial instability: Divorce can have a significant impact on a person’s financial stability, and couples may be afraid of the financial consequences of a property division that they perceive as unfair.

Equitable Distribution in Illinois

As mentioned, Illinois is an Equitable distribution state, meaning that a court will divide the marital property in a way that is fair and just, taking into account various factors such as:

  • The contributions each spouse made to the acquisition, preservation, or increase in value of the marital property;
  • The length of the marriage;
  • Primary caregiver status for the child/children;
  • The economic circumstances of each spouse at the time of the property division;
  • Any prenuptial or postnuptial agreements between the spouses;
  • The age, health, and occupation of each spouse;
  • The needs of each spouse; and
  • Any other factors the court deems relevant.

Marital property in Illinois includes all property acquired by either spouse during the marriage, regardless of how it is titled, except for property acquired by gift, inheritance, or a property acquired in exchange for property acquired before the marriage.

Non-marital property, on the other hand, includes property acquired by a spouse before the marriage, property acquired by gift or inheritance, and property acquired in exchange for non-marital property.

Tax Consequences

You will want to be sure to understand how the decisions you make about the division of your property will affect the taxes owed by both you and your spouse.

For instance, if you sell your home or other assets during your divorce, you may be required to pay capital gains taxes. Understanding and addressing tax-related issues will help you avoid financial problems that may arise after you complete your divorce.

Community Property Laws in Illinois

Illinois is not a community property state. Community property states, such as California and Texas, divide marital property equally between the spouses regardless of the contributions each spouse made to acquiring or maintaining the property.

In a community property state, property acquired by either spouse during the marriage is considered community property, and each spouse has an equal interest in it. This includes income earned during the marriage and any property acquired with that income.

Illinois and other equitable distribution states, on the other hand, divide marital property in a way that is fair and just based on the factors discussed above.

Hidden Assets

It is not uncommon for parties to hide their assets from their ex’s and the courts to help swing the distribution of property in their direction.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This involves everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income.

Getting the Legal Help You Need

If you are facing divorce in Illinois, you might decide you want an attorney to help you with your case. It is important to get an experienced lawyer when discussing property division after divorce for several reasons:

  1. Knowledge of the law: A divorce attorney will have a deep understanding of the laws and regulations that govern property division in your state, including the factors that a court will consider when dividing marital property. This knowledge will be invaluable in helping you negotiate a fair and equitable division of property.
  2. Objectivity: Divorce can be an emotionally charged process, and it can be difficult to negotiate property division when you are feeling hurt, angry, or resentful. A divorce attorney can provide an objective perspective and help you make decisions that are in your best interests.
  3. Protection of your rights: A divorce attorney will work to protect your rights and ensure that you receive a fair division of property. They will help you identify assets that may be subject to division and make sure that those assets are valued correctly. They will also help you understand your options for negotiating a division of property, including mediation and litigation if necessary.
  4. Avoiding mistakes: Property division can be a complex process, and it is easy to make mistakes that could have long-lasting financial consequences. A divorce attorney will help you avoid these mistakes and ensure that you are making informed decisions about your property division.
  5. Negotiation skills: A divorce attorney will have strong negotiation skills that can be invaluable in reaching a fair and equitable division of property. They will work to find creative solutions to complex property division issues and help you achieve your goals.

An experienced divorce attorney can help you navigate the complex process of property division and ensure that you receive a fair and equitable division of property.

Conclusion

Divorcing couples may struggle with property division because of emotional attachments, disagreements about what is fair, complex assets, difficulty agreeing on values, legal complexities, and fear of financial instability. It is important for couples to work with experienced divorce attorneys who can guide them through the process and help them reach a fair and equitable property division agreement.

If you are going through a divorce in Illinois and have questions about property division, contact the award-winning attorneys at Masters Law Group. Our highly experienced divorce lawyers are ready to guide you through the process and ensure that your rights are protected.

Set up your consultation here today. 

Got Half? Property Division in Illinois

Marital property is any property or money that either spouse got during the marriage. If you cannot come to an agreement, a judge will have to make decisions about dividing your property and debt, and also about spousal support. 

Illinois may boast some of the lowest divorce rates in the nation, but think twice before you dub the state a lover’s paradise. In 2019, there were 1.3 divorces per thousand inhabitants in the state. However, this figure is a decrease from 1990, when the divorce rate was 3.8 divorces per thousand inhabitants.

One of the most controversial parts of the divorce process is often the division of marital property. Divorcing couples have the option of dividing property on their own with the help from a mediator, but couples who can’t reach an agreement will require court intervention. Illinois courts divide marital assets and debts according to “equitable distribution.”

Unlike other states that divide the marital estate exactly in half, Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends. Here’s a couple of factors to consider when determining property division in Illinois.

Dividing and Distributing Assets

The first step in dividing property during a divorce is deciding whether property is marital or separate. Marital property includes most assets and debts a couple acquired during marriage. Separate property is if a spouse owned it before getting married or acquired it during marriage as a gift or inheritance. 

There are many factors at hand when you try to split up assets such as, how much each side has contributed (income, debt, as a homemaker etc.), the value of property, property hidden or destroyed in the course of the marriage, the length of a marriage and more:

  • Economic circumstances of each spouse
  • Child upbringing costs
  • Existing court maintenance orders
  • Financial contributions from previous marriages
  • Prenuptial or postnuptial agreements
  • The status of each spouse (i.e. age, health, occupation, employability)
  • Consequences of tax reallocation from a property division

Similar to property, debt is divided in a divorce. “Marital debt” means debts that a couple gets while they are married. Spouses are responsible for each other’s expenses for the family during their marriage. Marital debt can be divided in a divorce case.

One thing to keep in mind is that the court is obligated to ignore marital misconduct when dividing property unless it had an immediate impact on the property or assets of the marriage. The main goal of the property division is to be fair. It won’t always be an even split, it could turn into a 60/40 split or 70/30 as long as the court deems it to be fair.

Once the court has determined what is and isn’t marital and separate property, they will assign a monetary value to each item. Determining an item’s value can help both the couples and the judge determine whether a specific property distribution is fair and equitable. A spouse with more assets and a high earning career can potentially take on most of the debts in a divorce, while the lower-earning spouse could receive a greater share of the assets. An example of this would be if one of the spouses has a high net worth or owns complex assets, the property division process can become especially complicated since they are liquid assets. 

Couples can divide their assets and debts on their own by reaching a divorce settlement agreement. A settlement agreement should resolve all issues in your divorce. A judge will review any proposed settlement agreement and must approve it before your divorce can become final.

Divorce Mediation

As previously mentioned, working together with a mediator to come to an agreement over the dividing of the property will help the divorce move more quickly. This where instead of going to court and leaving the division of your hard-earned property and assets to court, you can opt to settle matters amicably. You can discuss the property division in the presence of a third party – or mediator – who will host the negotiations and help you and your spouse in reaching a fair settlement.

Final Thoughts

Ultimately, trying to determine the division of marital and separate assets can be a lengthy process. One way to speed this process up is to do an audit of all of your household items. Make a detailed list and then go through it line by line with your spouse. If and when couples have trouble communicating, going through a family law attorney may be your best option.

If you are considering filing for divorce, the first step you should take is to contact our Chicago-based law office. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, we can help. We are dedicated to providing our clients with exceptional service and support, guiding our clients through the entire divorce process.

If you are going through a divorce and want an experienced property division attorney to handle your case, do not hesitate to call. Contact us here today to schedule your complimentary consultation.