Glen Ellyn Divorce Attorneys
Lawyers for Divorce in Glen Ellyn, Illinois
The dissolution of your marriage can be a time of sudden change. Your income, your home, and the custody of your children are all serious considerations that will play a role in your divorce. Figuring out a new living situation can be intimidating, and you will also need to make adjustments to your finances. A skilled divorce attorney can guide you through the process and help ease the adjustment, making sure you will be able to maintain stability after your divorce is finished.
At Mevorah & Giglio Law Offices, we pride ourselves on our compassionate, effective representation in divorce cases. Our clients have come away from their cases greatly satisfied with our level of service, resulting in over 100 5-star reviews for our firm.
Understanding Marital and Non-Marital Assets
One of the most pressing questions that can come up during a divorce is the division of property. It can sometimes be difficult to tell what is considered strictly your own property and what is jointly owned by you and your spouse. As you negotiate a settlement that will address your property and finances, it is important to have an attorney in your corner who can discern the difference between marital and non-marital property.
Legally, anything bought or acquired during your marriage is considered marital property, with some exceptions. Items given to you as a gift or inheritance are typically exempt from being considered marital property. Property owned before you got married will also be considered separate property. Additionally, a prenuptial or postnuptial agreement can designate specific items as non-marital assets, even if they were purchased during the marriage.
Note that marital assets can take different forms other than just household items. Pensions, savings accounts, investments, real estate, and life insurance policies all fall under marital property. All of your marital property will be split in an equitable fashion per Illinois law.
Frequently Asked Questions About Glen Ellyn Divorce
Generally, there is no hard and fast rule about which spouse will maintain ownership of the marital home. In some cases, one parent may want to keep the home if their children will be living with them most of the time. In others, decisions may be based on which spouse will have the financial resources to cover ongoing expenses related to home ownership. If necessary, a couple may choose to sell their home during the divorce process and divide the proceeds.
Illinois follows an "equitable distribution" model for the division of assets. This means assets will be split fairly,but not necessarily equally.For instance, if one spouse earns more than the other, the lesser-earning spouse may receive a greater share of assets so that he or she can remain at the same standard of living after the divorce.
Each divorce is handled differently, and certain factors may impact the court's decisions on whether spousal maintenance (also known as alimony) is necessary. If both spouses were working and earning roughly the same income during the marriage, maintenance may not be appropriate. However, if one spouse has a need for financial assistance, the responsibility may fall to the other spouse to provide ongoing support. Alimony payments can vary in duration, and they will usually be based on a percentage of the amount of time a couple was married.
Much like assets, debts are classified as either marital or non-marital. Any debts accumulated during the marriage, such as credit card debt, are treated as both spouses' responsibility to pay off. However, if your spouse has debts from before your marriage, you will most likely have no obligation to share the responsibility of repaying these debts.
Contact Our Glen Ellyn, Illinois Divorce Attorneys
As dramatic as a divorce can be, you can still land on your feet when you have a legal advocate in your corner. The divorce lawyers at Mevorah & Giglio Law Offices are ready to argue on your behalf, giving you a voice in negotiations and working to protect your financial interests and parental rights. With over 40 years of experience, our firm brings a knowledge of the law and a passion for helping our clients to every case. For a free consultation, do not hesitate to contact us at 630-932-9100.