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What Happens if You Own Multiple Properties During Divorce in Illinois?
The property division process that couples getting a divorce need to go through is typically more complex when you have many assets, like multiple real estate properties. Each property has its own history, value, and purpose. During a divorce, the court must decide who gets which property and how to divide any equity or debt. Because Illinois follows an equitable distribution system, property is divided fairly, and that may not necessarily mean an equal split. Working with an experienced Glen Ellyn, IL property division lawyer can help you ensure your assets are properly valued and divided.
How Do Illinois Courts Decide Who Gets Which Property In Divorce?
Under 750 ILCS 5/503, Illinois courts must first classify all property as marital or non-marital. Marital property includes anything that was bought during the marriage with joint funds. Non-marital property usually means things that were owned before the marriage or received by only one spouse as a gift or inheritance.
Can a Child Choose Which Parent to Live With in Illinois?
In Illinois, children have a voice in custody cases. While their opinions matter, the law does not consider those opinions exclusively when making such decisions. Judges must look at several factors to decide what is truly in the child’s best interests. If you have questions about parental responsibilities, a Glendale Heights, IL child custody lawyer can help. We will guide you through the process and protect your child’s well-being.
At What Age Can a Child Choose Where They Live?
There is no specific age in Illinois at which a child can choose where they live. Under 750 ILCS 5/602.7, judges must consider the child’s wishes, but this is only one part of the overall decision. The child’s age, maturity, and ability to understand what is happening impact how much weight is given to their opinion.
How Are Inheritance and Gifts Treated in an Illinois Divorce?
Dividing property in a divorce is a complex process, especially when you have many assets to address. For some, the question of whether to divide inheritance and gifts is simple. For others, it can be complicated. Our knowledgeable Bolingbrook, IL divorce lawyer will explain how Illinois law views inheritance and gifts. The goal is to protect your rights and ensure that what belongs to you stays with you.
Are Inheritance and Gifts Marital or Separate Property in Illinois?
Illinois law separates property into marital and non-marital property and divides it equitably, which means fairly even if not necessarily equally. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property generally includes anything acquired during the marriage. However, inheritances and gifts given to one spouse are typically considered non-marital, or separate, property.
How Does Shared Parenting Time Affect Child Support in Illinois?
Shared parenting time directly affects how child support is calculated in Illinois. The law recognizes that both parents have a duty to financially support their children, but the calculation of support can change depending on the amount of time a child spends in each household. If you are navigating this process, an experienced Bloomingdale, IL parental responsibilities lawyer can explain how child support may factor into your parenting situation.
Does Parenting Time Affect Child Support in Illinois?
Under Illinois’s "income shares" model, child support is based on the combined income of both parents and the time each parent spends with the child. According to 750 ILCS 5/505, if a parent has the child for at least 146 overnights per year, roughly 40 percent of the time, this is considered shared parenting. In these cases, support is not calculated in the same way as when one parent has primary custody.
Can I Change My Alimony Payments in Illinois?
After an initial divorce decree, much can change. When that happens, the amount you pay or receive in alimony, also known as spousal support or maintenance, may no longer fit your real needs. Understanding how courts look at these changes can help you decide whether to ask for a new order. With the right records, a clear plan, and the assistance of an experienced Addison, IL spousal support attorney, you can present your situation and seek a fair result.
What Situations Call for the Modification of Spousal Maintenance in Illinois?
According to the modification section of the Marriage and Dissolution of Marriage Act, Illinois courts may change maintenance when there is a substantial change in circumstances. Judges often revisit the same core factors used to set support, including income, needs, earning capacity, and the marital standard of living, as described in 750 ILCS 5/504. If your settlement made maintenance non-modifiable, courts usually enforce that agreement. Otherwise, a judge can raise, lower, suspend, or end payments after a proper motion for modification.
Can I Keep the Kids if My Ex Is Not Available for Visitation in Illinois?
In Illinois, laws surrounding child custody, known as parental responsibilities, are ever-evolving to ensure that the best interests of the children involved are protected. Family courts generally agree that spending as much time as possible with parents is always best for children.
In keeping with that goal, the law allows for something called the "right of first refusal." However, there are some stipulations, and an experienced Kendall County, IL parental responsibilities lawyer can help you ensure this condition is part of your parenting plan.
What Is the "Right of First Refusal?"
The right of first refusal is addressed in the Illinois Marriage and Dissolution of Marriage Act. In general, it requires parents to ask one another to watch the children first when they are unavailable for their scheduled visitation, known as parenting time in Illinois, before finding a babysitter or someone else to watch them. In Illinois, this right is often included in parenting plans or court orders when it is in the best interest of the children.
What Happens to Debt During an Illinois Divorce?
Debt is divided during divorce just like any other shared property. Many couples in Illinois carry joint debts like mortgages, car loans, or credit card balances. When a marriage ends, figuring out who is responsible for those debts is an important part of the divorce process. Understanding how the law applies to debt can help you prepare for negotiations and avoid surprises. For help with your specific case, contact a Plainfield, IL divorce lawyer.
How Does Illinois Law Divide Debt During Divorce?
Illinois follows the principle of equitable distribution, meaning debts and assets are divided fairly, not necessarily equally. Under 750 ILCS 5/503, marital debt includes most debts acquired during the marriage, and it does not matter which spouse’s name is on the account. For example, if a couple took out a loan to buy a house or pay for their child’s education, that debt would likely be considered marital, even if only one spouse signed for it. On the other hand, debts that were incurred before the marriage or used for one spouse’s individual expenses may be treated as non-marital.
Understanding Contested vs. Uncontested Divorce in Illinois
Divorce can be an emotional and complex process. Whether you and your spouse can agree on key issues will determine whether your divorce is contested or uncontested. A Lombard, IL divorce attorney can help you understand your options and protect your rights during the complex elements of divorce.
What Is the Difference Between Contested and Uncontested Divorce in Illinois?
In Illinois, a divorce is uncontested if both spouses agree on all important matters. For example, if you are on the same page about how to divide property and handle debts, you are already in a better position than many couples. If you have a strong co-parent relationship, you will likely agree on the allocation of parental responsibilities, formerly known as custody.
A contested divorce, on the other hand, happens when spouses cannot reach an agreement on one or more issues. Even if you agree to get divorced, disagreements over finances, parenting time, or property division can mean your case is contested. This process often takes significantly longer and may require court hearings or even a trial.
What If My Spouse Is Hiding Assets During Our Divorce?
Under Illinois law, both parties are required to make full and honest financial disclosures to ensure the asset division component of divorce is fair. However, that does not always happen. If you think your spouse is being dishonest about funds or property, a Plainfield, IL divorce attorney can help you uncover the truth and protect your share of the marital estate.
How To Tell If Your Spouse Is Hiding Assets in Divorce
Financial deception is common in divorce, especially when there is an imbalance in knowledge about marital funds or one spouse has control over the household finances. Sometimes, the signs of hidden assets are subtle, such as unusual bank transactions. In other cases, the concealment is more calculated, such as diverting income through a business or hiding assets under another person’s name.
The Role of Forensic Accounting In a High-Asset Illinois Divorce
Not all marriages end in a peaceful, amicable way. Sometimes, couples dispute over assets and debts, and if you and your spouse have a significant asset portfolio, the risk of hiding or dissipating assets is greater. Forensic accounting is an invaluable tool in ensuring the disclosure of all assets. Consider how a forensic accountant can help you during a high-asset divorce, and contact an experienced Plainfield, IL high-asset divorce attorney to learn more.
What Is Forensic Accounting?
Forensic accounting refers to the use of accounting skills to analyze financial information for legal proceedings. In the context of a divorce case, forensic accountants will typically use their skills to locate hidden income and assets. They use financial documents like tax returns, bank statements, real estate records, insurance policies, and more to do their job. During a high-asset divorce, they can also be a helpful expert witness, helping to ensure that all assets and income are accounted for to be divided and distributed according to Illinois law.
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From our offices in Lombard and Plainfield, The Law Offices of Robert F. Kramer, Ltd. represents individuals and families throughout the area, including but not limited to DuPage County, Will County, Kendall County, Addison, Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Downers Grove, Glendale Heights, Glen Ellyn, Hinsdale, Lockport, Naperville, Oak Brook, Oswego, Romeoville, Villa Park, and Wheaton.
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