What Do I Need to Know About Divorce in Illinois?

What Do I Need to Know About Divorce in Illinois?

To get a divorce in Illinois (also called a dissolution of marriage) the judge needs to find that there are irreconcilable differences which have “caused the irretrievable breakdown of the marriage.” The judge also needs to determine, by the documentation and proof received, that efforts to reconcile (mend the marriage …

Is Illinois a marital property state?

Illinois is not a community property state, and everything from money to assets and estate acquired during the time a couple was married is presumed to be part of the marriage. However, what is considered as equitable may vary in different cases based on their unique circumstances.

What is considered non marital property in Illinois?

What Is Considered to Be Non-Marital Property In Illinois? Non-marital property includes assets, property, and liabilities which belong solely to one partner. As a result, non-marital property is not equitably distributed in a divorce, and continues to belong to the person who owns it.

Are separate bank accounts marital property?

Couples who established bank accounts after the marriage began must divide these accounts equally when seeking divorce. Specific accounts that contain marital funds are the marital property of both parties. Meanwhile, couples who each own separate property keep their specific accounts or property.

Is a house owned before marriage marital property in Illinois?

Spouses can specify whether certain property is separate or marital in a written agreement either before or during marriage, using a prenup or postnup agreement. Similarly, a house owned by one spouse alone before the marriage can become marital property if both spouses pay the mortgage and other expenses.

Is a house owned before marriage marital property?

California’s separate property laws apply to a house owned before marriage. (b) A married person may, without the consent of the person’s spouse, convey the person’s separate property.” Therefore, you should have a separate property interest during the divorce in that premarital asset which is your house.

What happens to property when you marry?

Matrimonial assets will, by their very nature, be shared out between you and your spouse during divorce. This means you’ll need to divide the finances that were acquired while you were married, even if the money was income from your job or inheritance from your family.