At the time of your divorce , one of the most important considerations is the division of your martial property and debt. Any property that was purchased during the marriage is presumed to be marital property. In Illinois, the presumption is that a fair and equitable distribution of marital property is a 50%-50% division.
Your financial security and rights may be at risk at the time of divorce. Our attorneys will effectively assess your claims to marital property and assert your rights in court. Contact usfor more information about marital property division.
Property each party owned before the marriage, personal gifts and certain other assets are non-marital property and will not be divided. If the attorney can classify any of that as non-marital property, it’s not subject to division.
Disproportionate Shares of Marital Property Could Actually Be More Fair
A court may order disproportionate shares if it considers an unequal distribution more fair. The court will consider the length of the marriage, the age of the parties, the earning capacities of the parties, time spent outside the workforce, and the raising of children.
The statute seeks to put both parties in the same relative position had the marriage never happened. Our job is to aggressively advocate for your interests. If you were a dependent spouse, we may be able to recover more assets to even out the playing field. Similarly, if you were the sole breadwinner, we will seek to protect your rights against an unfair division of marital property.
You do have power to protect your immediate and future financial security. We provide the guidance counseling and advocacy to protect your financial needs.Contact Stewart and Capraro, Attorneys & Counselors at Law and schedule a consultation with a lawyer at our law office in Oak Park. We provide focused client service and committed advocacy for clients throughout greater Chicago and Cook County.