Whether you’re facing your first divorce, or are trying to enforce the terms of a prior divorce decree, we know there are a lot of questions about how the law works in Illinois. When it comes to property division, unlike some other states, Illinois is not a community property state. Money or property acquired during the course of the marriage is presumed to belong to the marriage and, as such, is subject to an equitable division upon divorce. What is "equitable" is decided on a case-by-case basis.
Some examples of the property that is divided in a divorce include homes, automobiles, household furniture and furnishings, bank accounts, pensions and retirement plans, stocks and stock options, and businesses and business interests.
In dividing marital property, the Illinois Marriage and Dissolution of Marriage Act require that the Judge consider the following factors:
For more information on Family law, divorce, and the division of property in the DuPage County Illinois area or within Illinois; contact our family law attorneys today.
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