Inaccurate Notions About Property Division in Illinois

 Posted on November 12, 2012 in Divorce

You have surely heard a lot of stories about divorce and how divorce cases go in court. In today's society, everyone has. It is, however, important to realize that not every story is true, but the exhilarating tales you have heard from your friends and coworkers might actually be completely made up. This post is about clearing a couple misconceived notions about property division in Illinois divorce cases.   Claim #1 : The Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires the courts to divide marital property evenly (50-50). If you look at the actual statutes, you will see that the IMDMA does not require an equal division. It does, however, require a just division. If the parties are economically in very different situations, it is common for courts to give a larger share of the marital estate to the spouse who is economically disadvantaged.   Claim #2 : In the event of divorce, I will be entitled to my share of the property that my spouse inherited in their name alone during the marriage. According to the IMDMA, non-marital property is identified to the party who owns it. Note that this applies as long as it has not been transferred into co-ownership with the spouse. Individually-owned, inherited property is actually not marital property, so you might not be entitled to your share of it.   Claim #3 : If one spouse commits adultery or other misbehavior that constitutes grounds for divorce, the other one will get a greater share of property. The IMDMA does provide for division of property without regard to marital fault. Out of the 12 grounds provided for divorce in Illinois, ”irreconcilable differences” is used the most.   As you can imagine, these are only a few picks from the vast sea of divorce misconceptions. If you are planning to file for divorce or going through one, you should always have a skilled divorce attorney on your side. Do not act according to stories you heard from your friend, but contact an experienced divorce attorney in Illinois.