In a perfect world, everyone would live happily ever after and no one would ever get a divorce. In an ideal Illinois divorce, both parties would be concerned about fairness and equal treatment above all else. Unfortunately, the world is not perfect and most divorces are not ideal. As such, it can be a mistake to assume your spouse will approach the property division process as fairly as you will.
If you are in the midst of a divorce, you probably already know that Illinois is an equitable division state instead of a community property state. What this means is that marital property is supposed to be divided fairly between the two spouses. Many people believe this means they will get an equal split right down the middle, but that is not necessarily the case. This is why it is crucial to fight for your property rights and to seek advice from a family law attorney.
When the court is solely responsible for dividing your property, you may find yourself on the losing end of the situation with your spouse coming out ahead. While the courts do strive to be fair, they take a formulaic approach to property division. However, what the courts deem fair in the property division process may not seem fair to you at all.
The main benefit of working with a lawyer comes in the form of negotiation with your spouse or your spouse’s representative. When you come to court well-prepared for the proceedings and with a firm resolve about what is and what is not marital property, you will have a better chance of getting the share you deserve.
Please visit our website to learn more about property division in Illinois. We provide a wealth of information about Illinois divorce laws as they relate to marital property.