Aurora Property Division Lawyer

Aurora Property Division Attorney

Getting a divorce, or dissolution of marriage, is a stressful experience for anyone, but having to divide marital property afterward can double the stress. Illinois property division laws can be confusing, so it’s essential to consult an Aurora property division lawyer who can help you understand the process.

How We Can Help

With 38 years of experience, Schaffer Family Law, Ltd. is passionate about helping you navigate this difficult time in your life. Now more than ever, it’s important to protect your assets and to make sure that you have the things you need to move to the next chapter of your life.

David Schaffer helps families in Aurora and in the Greater Chicago Area. He understands how to protect your rights during property division, and with a background in taxation law, he can go above and beyond by helping you manage the tax implications afterward. He’s dedicated to investigating the circumstances behind marital finances and making sure that things are divided fairly while protecting your interests.

Marital Property Division in Illinois

Unlike states such as California and Wisconsin, Illinois is not a community property state, which means that marital assets aren’t divided 50/50, but instead in an equitable fashion as determined by the court. Assets that are considered marital property might be:

• Real estate
• Income
• Retirement accounts
• Debts acquired during the marriage

Some property may have been acquired outside of the marriage and may not be eligible for division. Property that might be considered separate could be:

• Property owned before marriage
• Gifts or inheritances
• Property acquired after the legal separation
• Property specifically mentioned in an agreement, like a prenuptial or postnuptial agreement
• Property awarded through a court judgment from one spouse to the other
• Property received in exchange for separate property

Anything acquired or co-mingled during the marriage would be considered marital property. For instance, if one spouse used their inheritance to buy a house with a title under both names, it could be considered marital property.

Understanding the difference between the two is essential as you move through the property division process. An Aurora property division attorney understands the property division laws in-depth and can help answer specific questions that you might have.

Property Disputes and Mediation

Cook County has the highest divorce rate in Illinois, with 2.1 people per 1000 seeking to dissolve their marriage. Kane County is much lower, with 1.4 people per 1000. It’s crucial that divorcing couples receive the support they need to dissolve their marriage.

In Illinois, the court prioritizes mediation to help resolve property division disputes. A property division lawyer would be well-equipped to speak up for you during mediation and the negotiation process, especially if there are disagreements over what might constitute separate property. Assets that are commonly disputed could be:

• Marital home
• Debts
• Retirement accounts
• Bank accounts
• Businesses
• Vehicles
• Investments

At our law firm, we are skilled negotiators who value approaching mediation with a focus on your interests. If mediation doesn’t settle the disputes, then the issues might move to court, where we are prepared to protect your rights and seek an outcome in your favor.

Hire a Property Division Lawyer

When you hire a property division lawyer, they can accomplish many tasks to help you feel more at ease and confident as you navigate this part of the divorce process. A property division lawyer is capable of:

• Providing you with sound legal advice
• Evaluating your marital property
• Assessing marital debts
• Negotiating on your behalf
• Representing you in court, either at the Kane County Courthouse on 3rd Street or elsewhere in the Greater Chicago Area
• Protecting your assets
• Gathering and organizing the necessary financial and court documents
• Filing court documents accurately and on time

Having a property division lawyer on your side can vastly improve your results. In Aurora, Illinois, divorce cases are handled by the Circuit Court of the judicial circuit corresponding to the county in which the plaintiff (the person filing for divorce) or the defendant (the other spouse) resides. For example, if you reside in the Kane County portion of Aurora, you would file at the Kane County Circuit Court.

FAQs

What Is Considered Martial Property in Illinois?

In Illinois, any property acquired during the marriage could be considered marital property. This can include debt and separate property that is transferred to co-ownership during the marriage. Separate property might be considered marital property if it was co-mingled with the rest of the marriage property or if it was transferred due to tax or estate planning reasons. Retirement accounts are also considered marital property as long as the spouse contributed during the marriage.

How Is Property Divided in Illinois?

Illinois is not a community property state, meaning that things aren’t usually divided 50/50. Instead, courts focus on dividing property and allocating debt in a way that is fair and equitable, given the specific circumstances of each divorcing couple. Illinois property division laws define what is considered separate and marital property. A divorce lawyer can guide you through these laws and help apply them to your own situation.

What Happens if We Have a Prenuptial Agreement?

Having a prenuptial or postnuptial agreement could help in property division decisions. The court can uphold the agreement as long as it follows the Illinois Uniform Premarital Agreement Act. This means that the agreement is in writing, was signed voluntarily, and includes full asset and liability disclosure. It needs to be clear and not signed under fraudulent circumstances.

Which Assets Aren’t Split in a Divorce?

In Illinois, separate assets, or assets that are owned separately and aren’t included in the marital property, can’t be split between the divorcing spouses. Separate assets could include inheritances, property owned before the marriage, and assets acquired after the separation. If separate assets were co-mingled, though, they may be considered marital assets and be included when it comes time to divide the property.

Contact Schaffer Family Law, Ltd.

At Schaffer Family Law, Ltd., we are passionate about helping you navigate the stress of property division cases with confidence and support. We are passionate about providing you with focused attention and taking an analytical approach to your property division case.

With years of experience, we are capable of helping your unique situation with compassion and fierce representation. Contact our office today to schedule a consultation.