Every divorce is unique to the couple involved, but the division of marital property remains an important component of nearly every divorce. Those assets that you and your spouse acquired over the course of your marriage are generally classified as marital property, which is intended to be divided equitably in the event that you divorce in Illinois. Equitably means fairly given the circumstances involved, rather than equally or directly down the middle. If you’re heading into a divorce, it’s time to consult with an experienced Chicago divorce attorney.
The state of Illinois naturally recognizes everyone’s individual property rights, whether you are married or not. You and your spouse both have these rights, and this is why – as soon as either one of you files for divorce – a stay order will be issued that stops either of you from disposing of property in any capacity (without the court’s permission to do so) during the pendency of your divorce. In this way, the status quo of your marriage is maintained – until the court can separate your marital property from your nonmarital property and can determine an equitable division of those marital assets.
Property that either of you brings into your marriage and keeps separate throughout qualifies as nonmarital property that will not be included in the division of your marital assets. However, nearly any property that you purchased or obtained during the course of your marriage – regardless of how title to said property is held – is marital property. In addition to your home, household goods, and vehicles, this includes all of the following:
Of course, there are exceptions to the rule when it comes to marital property. One prime example is that while you may bring a retirement account into your marriage with you (making it separate property), the amount that it increases in value over the course of your marriage is very likely to be considered marital property.
Importantly, some assets that are obtained during the course of one’s marriage remain nonmarital property in the State of Illinois, including all of the following:
Divorce has a way of complicating things, and the equitable division of marital property is no exception. If you’re facing a divorce, the practiced Chicago divorce attorneys at Andrea Heckman Law are committed to skillfully advocating for terms that fully protect your financial rights. For more information, please don’t wait to contact us today.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
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Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.