Wheaton Property Division Lawyer

Wheaton Property Division Attorney

Dividing property after the dissolution of a marriage can be overwhelming. To make things more difficult, Illinois property division laws can be confusing and convoluted. You don’t have to face property division alone. A Wheaton property division lawyer has the skills and legal acumen to lead you through this stressful period.

How We Can Help

With over 38 years of experience, Schaffer Family Law, Ltd. is passionate about helping our clients navigate property division. David Schaffer has an in-depth understanding of not only the law but also of how to communicate clearly, analyze financial documents, and fight for you. He has experience with tax implications after dividing marital assets and can help you navigate those as well.

When appropriate, we work with a variety of professionals who can help ensure our clients’ marital assets are accounted for and protected. We have a passion for helping you navigate dividing property so that you can move toward the next chapter of your life with the financial support you need.

How Marital Property is Divided in Illinois

DuPage County has 1.8 divorces per 1000 people. Unlike California or Wisconsin, which divide marital property 50/50, Illinois is an equitable distribution state that prioritizes dividing marital property equitably between spouses. The court considers multiple factors when deciding how to divide property:

• How each party contributed to the marital assets, whether financially or through labor at home
• The economic circumstances of each divorcing spouse
• The length of the marriage
• How each party contributed to the other’s education or supported the other’s career
• Financial contributions to the marital assets
• If it’s necessary to keep the marital home for the children or other reasons
• Whether assets were intentionally wasted before filing
• Who has parental rights and responsibilities

Marital property is anything acquired during the marriage that wasn’t a gift, inheritance, or co-mingled with the marital assets. A seasoned family law attorney can help you answer any questions about this.

When Separate Property Becomes Marital Property

In Illinois, separate property can become marital property when it mingles with the marital assets. For example:

• Transferring property into a co-ownership, like joint tenancy, even if the title is in the other spouse’s name
• Depositing and withdrawing both spouses’ income in an account that belonged to one spouse before marriage, unless the funds were kept separate
• Contributing separate property into a marital investment, like putting an inheritance toward buying a house

Figuring out if separate property has become marital property can be complicated, depending on the circumstances. A divorce lawyer in Wheaton can help you sort through the specifics.

Hire a Property Division Lawyer

When you hire a property division lawyer, your optimal outcome can vastly change. They understand how property division cases work and the dynamics of the Wheaton court system. Property division lawyers are able to help you:

• Understand your rights and obligations throughout the property division process.
• Evaluate all of your marital assets by accessing financial accounts, real estate information, investment accounts, and personal property.
• Assess your marital debts, like mortgages, personal loans, and credit cards.
• Negotiate with your ex’s lawyer to help you achieve a favorable property division settlement.
• Develop a legal strategy if mediation moves to litigation.
• Represent you at the DuPage County Courthouse on County Farm Road.
• Help ensure that your separate property isn’t inaccurately included with the marital property.
• Help enforce existing court orders or modify them if needed.
• Advocate for you in mediation and through litigation.

A Wheaton property division attorney focuses on providing you with support throughout the process. Their skill and legal acumen can lead you to a positive outcome that can support you through the property division stage and beyond.

FAQs

How Is Marital Property Divided in Illinois?

Illinois is an equitable distribution state, which means that marital property is divided equitably between the divorcing spouses. This doesn’t necessarily mean a 50/50 split, but instead the court may look at the marital assets and split them according to the circumstances of the marriage. They might take into account how long the marriage has lasted, non-monetary contributions, how a spouse contributed to the other spouse’s education, as well as any economic misconduct.

What Is Economic Misconduct?

If a spouse participated in economic misconduct in Illinois, then generally that means dissipating the marital assets. This could mean spending marital assets on an affair, purposely destroying marital property, using marital funds to finance a gambling or drug addiction, or wasting marital assets. If a spouse is found to have done any of these, then the court can choose to compensate the other spouse for the loss of assets.

How Much Does a Property Division Lawyer Cost?

How much a property division lawyer costs depends on how complex the case is. A straightforward and simple case would cost less than one that requires extensive investigation and review. Solving the issue through mediation would also be more cost-effective than litigation. Because it’s impossible to give a specific estimate without knowing the circumstances, it’s important to speak with a lawyer who can provide a better estimate once they have the facts about your specific property division case.

What About Non-Monetary Contributions to the Marriage?

Illinois considers non-monetary contributions to the marriage while determining how to divide marital property. Generally, this means considering how a stay-at-home spouse might have contributed to the marriage. Non-monetary contributions could be household responsibilities, like chores, cooking, and homemaking. They could also include caring for children and supporting their spouse professionally. The types of contributions could be grounds for receiving a larger percentage of the marital property.

Contact Schaffer Family Law, Ltd.

At Schaffer Family Law, Ltd., we have 38 years of experience dealing with property division issues, including high assets. David Schaffer is more than qualified to help you manage this difficult part of the divorce process. He is able to lead you through it with a firm grasp on Illinois property division laws and extensive experience with many types of property divisions. Contact Schaffer Family Law, Ltd., today to schedule a consultation and find out how we can help you.