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Hinsdale Property Division Attorney

DuPage County Divorce Attorney Helping Clients Reach a Fair Division of Property

Unless you have a very clear prenuptial or postnuptial agreement, dividing your marital assets is likely to be one of the more time-consuming parts of your divorce. Most spouses, especially those who have been married for a long time, co-own the vast majority of their property. In Illinois, it does not matter which spouse earned more (or was the exclusive earner). Nearly everything spouses acquire while they are married belongs to both of them and will need to be divided in a fair and equitable way during the divorce process.

CG Law LLC is skilled in working with spouses who choose to divide their marital property by agreement through mediation or negotiation, but our attorneys are also experienced in court. We will focus on creating a fair division of property that accounts for your personal needs and priorities, as well as those of your children. Whichever approach you choose, we will be there to represent your best interests.

Dividing Marital Property: Alternative Dispute Resolution or Court?

Dividing property by agreement works well for most spouses, even those who are angry with each other. Mediators and attorneys are skilled at keeping discussions focused on what is fair and reasonable without allowing irrelevant conflict to seep in. You and your spouse understand your own needs and your own situation better than a judge who does not know either of you personally would. By choosing alternative dispute resolution, you can take a much more personalized approach and consider any factors you and your spouse find relevant.

However, if your spouse will not or cannot behave reasonably or make compromises, going to court may be necessary to protect your legal rights.

Factors in Equitable Division of Marital Property

Determining what is fair to both spouses may take a lot of investigation. There are numerous factors to consider, including:

  • How long you were married - The longer your marriage, the more intertwined your property is likely to be. The court will consider the length of marriage and the acquisition of assets during the marriage, tax effects, and future earning capacity amongst other factors. These are commonly factors in spousal support decisions as well.
  • Each of your contributions - Even if one of you was a homemaker, that spouse likely made significant contributions to the other's career by caring for the house and children and allowing the working spouse to focus on their career. It may also be relevant if one of you supported the other while you pursued higher education to increase your earning capacity.
  • Your expected post-divorce financial situation - If one of you has a high earning capacity now, and the other would have to go back to school or spend time in job training to begin earning a reasonable living wage, this will be an important consideration. It is common for one spouse to give up educational or career opportunities to focus on the good of the marriage.
  • The needs of your children - If you have children to consider, it may be best to develop a parenting plan first and then work on dividing your property. The parent who will have more parenting time may need to keep certain resources for the children's sake. For example, if you have children with special needs, it may be in their best interest to stay in the family home. The parent responsible for transporting the children to school and activities may have a genuine need to keep the family's SUV rather than a sports car.

Whether you choose alternative dispute resolution or a contested divorce, each of these factors will likely need to be addressed while you are dividing your assets.

Contact a Chicago, IL Division of Marital Property Attorney

CG Law LLC is highly skilled in helping spouses who are getting divorced find the most fair way of dividing their marital assets. Our women-owned, experienced DuPage County divorce law firm will take your particular needs and interests into consideration when helping you reach a fair division of property. Contact us at 312-884-9012 for a complimentary consultation.

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