However, gifts and inheritances that either spouse receives while married are categorized as separate property. Property that a spouse receives in exchange for separate property is treated as separate property. Additionally, property that is deemed separate in a postnuptial agreement will be treated as such when property is divided. Property division can be a complicated issue during divorce, and unfortunately, the disposition of property is typically not open to modification later.
How Are Property and Debts Divided During Divorce? | Nolo
Considering this, spouses may benefit from speaking to an attorney for advice regarding this process. An attorney may be able to help a person understand his or her rights and pursue a reasonable, equitable final settlement. Please enter a valid E-mail address or Phone number to contact you. Please verify that you have read the disclaimer. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
A primer on property division during an Illinois divorce On behalf of Susan Kamman. Can we help you? Bold labels are required. Contact Information Name.
I have read the disclaimer. Law Pay. Susan E. To help determine the amount for spousal maintenance it is important to look at the standard of living prior to the divorce. There are four forms of spousal maintenance.
The first is temporary maintenance, which is paid from one spouse to the other until a final decision on spousal support can be made. Rehabilitative maintenance is awarded to assist one spouse to complete an education or meet other transition needs such as debt payment or temporary health issues that will help the other spouse to become financially self-sufficient.
Permanent maintenance is awarded for either a specified period of time or an open-ended period of time. Maintenance in gross is a lump sum award in addition to the property division to give one spouse sufficient assets to avoid the need for rehabilitative or permanent spousal maintenance.
Rehabilitative and permanent maintenance are subject to future post-divorce modification or early termination under certain circumstances. Maintenance in gross is an absolute obligation that can not be modified or terminated.
If the parents agree about the custody and visitation issues relating to their children the court will usually accept such agreements. Custody is the legal decision making authority with regard to the child which may be placed with one parent sole custody or shared by both parents joint custody. Visitation is the schedule for the parents to be responsible for and spend time with the child.
At the outset of the initial case involving custody, the parties must attend a court approved education program regarding the impact of the legal proceedings upon children.
If the parties are unable to promptly agree on custody and visitation, court approved mediation will be required unless there is clear evidence that such mediation would be futile. If the custody and visitation issues can not be resolved through mediation, the court will hold a hearing on all relevant custody and visitation issues to determine the best interests of the child. To fully develop the relevant information, the court may appoint an attorney or other representative for the child, usually referred to as a Guardian ad Litem.
If there are significant parenting issues, the court or either party may propose the parties undergo a custody evaluation by a qualified professional, such as a psychologist. Testimony from expert witnesses, such as educators or physicians may also be relevant.
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Child support is the amount that the court determines should be paid from the non-custodial parent to the custodial parent to help maintain the children until they graduate high school or reach age 19, whichever occurs first. Child support determinations can only be altered if there has been a substantial change in the circumstances relating to the children or the parties. Determination of the net income requires a close review of the finances of the parties.
The court will apply the statutory percentages to the net income unless either party can demonstrate a need for a deviation up or down from the statutory amount due to the finances of the parties, needs of the children, and any other support of the children provided by the paying party. Illinois provides for either parent to seek contribution from the other parent towards the support of the child after graduation from high school or age 19, whichever occurs first to meet the needs of a disabled child or to aid in the post-secondary education of a child.
All debts acquired during marriage will be considered marital debts and will be allocated by the parties or the court to minimize the future financial entanglements of the parties.
Commingling and Transmutation
Debts on property, such as mortgages and car loans, will go with the property. Unsecured debts, such as credit cards or personal loans, will be divided based upon who is legally liable for the creditors, who received the benefit of the debt, and who can best afford to pay off the debt. The divorce judgment only allocates the debts between the spouses and does not affect the rights of the creditor to pursue collection from either or both spouses after the divorce so that the debt allocation should be carefully structured to avoid future collection efforts against one spouse for future non-payment of debts by the other.
Illinois Judicial System Online — opinions of the Supreme and Appellate Courts Macon County Circuit Court — judge biographies, database of case information searchable by name or case number , staff directory and court news. Cordell and Cordell, P. Men come to Cordell and Cordell because they want to feel that their interests and the interests of their children are aggressively championed.
ISBA — legal news, Supreme Court rules, online public information pamphlets, and research links are provided by the Illinois State Bar Association, Chicago Bar Association Mediation Council of Illinois — provides a listing of mediation services, including tips on how to choose a mediator. For Illinois chapter information, contact Mike Doherty at The database contains information on civil, law, chancery, and domestic relations cases.
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Information can be accessed by case number, name, and filing date. The database includes information on civil, criminal, probate, and small claims cases. Judici is not a court website, but does provide access to civil, criminal, and some traffic cases from 50 Illinois counties. There is free access to limited information and fee-based premium services.
Source: National Center for State Courts. Report broken links or send suggestions by contacting us. Illinois Attorney Directory.
Illinois Child Support Calculator. Divorce Process Settlement Agreements Marital settlement agreements and separation agreements are specifically authorized and encouraged.