A contested divorce is one where spouses are unable to reach an agreement on one or more issues relevant to their separation. Unsurprisingly, asset division is one of the common issues leading to serious conflict in a divorce. It is not always easy to decide who gets what — especially if a divorcing couple already has trouble working together. Here, our Naperville and Bolingbrook asset division lawyers provide an overview of Illinois law and offer three tips to help you protect your property rights in a contested divorce case.
Know the Standard: Equitable Distribution in Illinois
Under Illinois law (750 ILCS 5/503), marital assets are divided in an equitable manner — this means each spouse is entitled to a ‘fair’ share of the joint property. A fair share may be, but is not always, a 50-50 split. Notably, in contrast, non-marital property (separate property) is not subject to distribution and will remain the property of one spouse.
The equitable distribution standard applies to both contested divorce cases and uncontested divorce cases. If the parties can reach their own agreement on property division, courts will generally ratify that agreement. However, if no settlement can be reached, an Illinois court will divide the marital assets in a manner deemed equitable.
Three Tips to Help You Handle Asset Division in a Contested Divorce Case
In a contested divorce, it is important to take a proactive approach. You do not want to fall behind in the process — potentially losing out on the share of marital assets that are rightfully yours. Here are three tips to help you protect your property rights:
Our Illinois property division lawyers have represented many clients in contested divorce cases. We are ready to review your situation, explain your rights, build a strong case, and take the appropriate legal action to help you preserve your separate property and get your fair share of the marital property.
Call Our Naperville and Bolingbrook Contested Divorce Lawyers For Immediate Help
At Keller Legal Services, our Illinois divorce attorneys are skilled, experienced advocates for clients. If you have questions about asset division in a contested divorce, we are here to help. To arrange a completely private, no cost consultation with an experienced family lawyer, please contact us today. We represent clients in Naperville, Bolingbrook and throughout the surrounding region.