Divorce Attorney Northbrook

Divorce Attorney Northbrook

Whether you are in the middle of a divorce or are just considering it, you may have questions and concerns about the divorce process in Illinois. No matter what your questions might be, an experienced divorce attorney near Northbrook can discuss your case with you and help you move forward with the divorce process. 

Dividing Marital Property in Northbrook

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all marital property is divided according to a theory known as “equitable distribution.” Under this theory, all marital assets and debts will be divided between the parties in a way that the court considers to be fair to both parties based on a number of relevant factors. Equitable distribution does not necessarily mean equal division, however, but that marital property will be divided in a way that is fair, according to a couple’s circumstances. In determining how to divide marital property, the court can take into account the following factors:

• Each party’s contribution to the acquisition of the property
• Each party’s contribution to the dissipation (or loss of value) of the property
• The value of the property assigned to each spouse
• Duration of the marriage
• Relevant economic circumstances of each spouse
• Obligations of each spouse arising out of a prior marriage
• Terms of prenuptial and postnuptial agreements
• Age, health, occupation, and other similar information about each of the spouses
• Parental responsibilities with regard to minor children or custodial responsibilities
• Spousal maintenance
• Each spouse’s opportunity for future income
• Tax consequences of property distribution for each spouse

Working with a skilled divorce attorney serving Northbrook can help you understand how these elements will impact property division in your case.

Classifying Separate and Marital Property in an Illinois Divorce

During a divorce, the court often needs to classify certain property as “marital” and other property as “separate” or “non-marital” property. Generally speaking, most property owned by the spouses is considered to be marital property unless the property was:

• Acquired before the marriage
• Acquired after the date of separation
• Explicitly designated as “separate” through a valid premarital agreement
• Inherited by only one of the spouses during the marriage
• Intended as a gift for only one of the spouses during the marriage

In situations where the marital property has been “commingled,” meaning it has characteristics of both separate and marital property, the court will attempt to trace out the separate property from the marital property. However, this can become very complicated, and it is important to have an experienced Northbrook divorce attorney on your side. 

Other Common Elements of an Illinois Divorce

Property division is just one of many aspects that couples must address during the divorce process. If the couple has minor children, issues related to parental responsibilities, including decision-making authority and parenting time, as well as child support, must also be included in the divorce terms. 

Spousal maintenance (formerly known as alimony) may be awarded in cases where one spouse will face serious financial hardship after the split, and the other spouse has the means to help alleviate this burden. If you anticipate requesting or paying spousal maintenance in your divorce settlement, it is wise to consult with a knowledgeable divorce attorney serving Northbrook as soon as possible.

Learn More by Speaking with a Northbrook Divorce Attorney

Are you thinking about filing for divorce in Illinois? A divorce attorney serving Northbrook can speak with you today and address your questions and concerns. Contact Hammer Serna & Quinn, LLC, for more information about how we assist clients in Chicagoland with a wide variety of divorce issues.