While issues related to child custody and visitation are the focus of many disputes in divorce, in some situations, questions about who gets the marital home and how best to divide other marital assets are no less important. With experience in property division, we represent clients throughout Cook County, Illinois and help to ensure that their interests are zealously represented in court.
In many cases, individuals who file for divorce do not understand how courts divide martial property in Illinois. Many are surprised to learn that holding an asset in his or her name is no guarantee that a court will award it to them, or that they may have to give up an asset to get what they want.
Nearly everything that a couple acquires in the course of their marriage is considered to be marital property. Some assets, including those that a spouse brings into the relationship and those subject to a prenuptial or postnuptial agreement, are not be considered to be joint assets. The general presumption, however, is that assets are marital property. Courts in Illinois strive to divide marital property as equitably as possible. This does not necessarily mean that property will be divided equally. Courts apply factors outlined in statutes to determine how property will be divided.
With so much at stake, it is essential to seek the counsel of an experienced divorce lawyer who can explain the process.
If you are considering filing for divorce and you have questions about property division, contact us or call 708-596-5775 to schedule an initial consultation.