Frankfort Divorce Attorney
Frankfort Divorce Attorney
Three years ago, Illinois became a pure no-fault divorce state, which means that divorcing couples are no longer required to prove that one or the other is at fault for the failure of their marriage in order to obtain a divorce. Instead, Illinois couples need only demonstrate that irreconcilable differences have led to the irretrievable breakdown of the marriage and that attempts at reconciliation have either failed or would not be in the couple’s best interests. While this has simplified the divorce process, couples who decide to dissolve their marriages must still grapple with a host of complicated issues, including property division and spousal maintenance, so it is still critical for divorcing couples to speak with an experienced Frankfort divorce attorney before beginning the filing process.
In Illinois, divorcing couples are required to divide all marital property in an equitable manner. Spouses who are unable to come up with an out-of-court agreement that reflects this standard will have their assets divided by the court. This can be risky because, while assets must be divided equitably, there is no requirement that property be split up equally, which could mean that one party could end up with a larger portion of the couple’s assets than the other.
Determining which assets qualify as marital property is also critical at this juncture, as only assets that fall under this category are actually divisible. The rest, which is known as separate property, remain in the sole possession of the original owner. The key difference between the two types of property is when they were acquired. For instance, any assets obtained prior to the marriage are usually considered separate property, unless they were commingled with marital property during the marriage. Marital property, on the other hand, is made up of assets that were acquired during the course of the marriage, with the exception of inheritances and gifts left to or given to a single spouse.
In addition to deciding how assets will be divided upon divorce, courts are also often tasked with determining whether one party should receive alimony from the other, whether on a temporary or permanent basis. When making this determination, judges take a number of factors into account, including:
- Each party’s income and property;
- Each party’s financial needs;
- Each party’s present and future earning capacity;
- The length of the marriage;
- The standard of living established during the marriage; and
- The age and physical health of the parties.
Many couples enter into spousal maintenance arrangements in premarital or post-marital agreements. In these cases, the agreement will be implemented unless it is deemed to be the result of fraud or duress.
Contact an Experienced Frankfort Divorce Attorney
To speak with an experienced Frankfort divorce attorney about spousal maintenance or dividing marital property, please call the Forst Law Offices at 708-949-6440. We understand that deciding to dissolve one’s marriage is a difficult, and often emotional, decision. No one should have to go through this process alone, especially when so much is at stake. Please call today to schedule an initial consultation with our dedicated legal team.
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