St. Charles Property Division Attorneys
Lawyers for Property Division Matters in Kane County
When dividing property during the divorce process, a court must first determine if the property is marital or non-marital. If the property is determined to be non-marital, the court has no authority to award any portion of the property to the other spouse. If the property is determined to be marital, then the court must "equitably" divide the property.
Marital Property Division in Illinois
Generally speaking. all property acquired by either spouse during the time a couple was married (after their wedding and before a legal separation) is presumed to be marital property, with the following exceptions:
- Property acquired by gift, legacy or descent.
- Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent.
- Property acquired by a spouse after a judgment of legal separation.
- Property excluded by valid agreement of the parties, such as a prenuptial or postnuptial agreement.
- Any judgment or property obtained by judgment awarded to a spouse from the other spouse.
- Property acquired before the marriage.
- Increases in value of property acquired by any method listed above.
- Income from property acquired by any method listed above.
What Is Marital Property?
The classification of property as marital or non-marital is often complicated, particularly when marital and non-marital property are combined. If the court determines that property is marital, the court must then determine how to "equitably" distribute the property. Illinois is not a "community property" state, and there is no "50/50" law requiring property to be divided in half. "Equitable" often does not mean equal. When dividing marital property, an Illinois court is required to considering the following:
- The contribution of each party to the acquisition, preservation, or increase or decrease in value of marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit.
- The dissipation by each spouse of marital or non-marital property.
- The value of the property assigned to each spouse.
- The duration of the marriage.
- The relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the couple's children.
- Any obligation and rights arising from a prior marriage of either party.
- Any antenuptial agreement of the parties.
- The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.
- The custodial provisions for any children.
- Whether the apportionment is in lieu of or in addition to spousal maintenance.
- The reasonable opportunity of each spouse for future acquisition of capital assets and income.
- The tax consequences of the property division upon the respective economic circumstances of the parties.
The above factors are not equally weighted, which can make the process of property distribution even more complicated. Given the issues that may affect the identification of property as either marital or non-marital property, the numerous factors and exceptions considered when dividing property, and the discretion that the court has in applying the factors and making an "equitable" distribution, you can see why there are so many myths and misconceptions about these issues and the divorce process as a whole.
Your attorney can analyze your facts and work with you to apply the law to your particular fact scenario. Your attorney needs to be familiar with the statutes, the cases, and the particular court in order to help you resolve these issues. At Goostree Law Group, we have the extensive experience and skills necessary to protect your property interests.
Contact Our St. Charles Division of Marital Property Attorneys
Our Illinois attorneys represent clients in Kane County, DuPage County, Kendall County, and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Schaumburg, and many other cities. We represent clients who are from the U.K. and from other countries as well.
Please contact the divorce attorneys of Goostree Law Group at 630-584-4800 to ask a question or set up a free, confidential initial consultation regarding property distribution or other divorce-related issues.

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If you are in need of experienced and skillful divorce or family law representation, contact us at 630-584-4800 to schedule a free consultation.
We will explain what you can expect from the legal process and work with you to plan a strategy for success. We work with clients throughout Northern Illinois including Kane County and the surrounding areas.
High Asset
Divorce
Couples that have a high net worth may need to address multiple types of complex financial issues during the divorce process. We can assist with the valuation of business assets, protecting professional practices, uncovering hidden assets, appraising real estate and other valuable assets, protecting investments, and other concerns that may affect these cases.
Divorce Over 50
The divorce rate for couples over age 50 has more than doubled in recent years. This can be attributed to several factors, not the least of which is the desire to live an emotionally happy and satisfying life. With children grown and the number of years ahead of major concern, many older couples are choosing to go their separate ways. Called "gray divorce", these cases have issues that are very different from younger couples. With more years together, there are often more complex assets including businesses and real estate, to divide.

A "gray divorce" may involve assets, including businesses and real estate. One or both spouses may be close to retirement, impacting spousal maintenance and other financial concerns. There may also be health issues to take into consideration. At Goostree Law Group, we can help you address divorce-related issues as you near your retirement years.
Always Keeping
Your Child's Best
Interest in Mind
At Goostree Law Group, we understand the emotional turmoil that comes with any family law issue involving children. While most parents try to protect their children and want the best for them, it can become difficult when opposing parties have different agendas.
Our experienced attorneys care deeply about our clients and their children. We will attempt to minimize conflict when possible but seek solutions in the courtroom when necessary. If you have an issue related to children including support, parenting time or parental decision making, we can help address:
- Child Support including deviations, special needs, enforcement and extra-curricular expenses;
- Child Custody and the Allocation of Parental Responsibilities including divorce decrees finalized under previous laws;
- Parenting Time and Visitation including restricted or supervised;
- Severing Parental Rights; and
- Relocation of the Custodial Parent including out of state removals.
While we strive to negotiate a favorable settlement for our clients in every case we take, we are always prepared to go to trial if negotiations fail. As strong litigators, we know how to effectively present our clients’ case to a judge.
Family Law
Beyond Divorce
If you are not yet ready to legally terminate your marriage, you may opt for a legal separation while remaining legally married to your spouse. If you are an unmarried parent, you may need to establish paternity for your child. Family law also includes the preparation of prenuptial and postnuptial agreements, which have become more and more commonplace in the world of marrying later, wealth accumulation, and multiple marriages.
The attorneys at Goostree Law Group have over 80 years of combined experience in the practice of family law. We represent parents seeking to establish paternity in order to receive support or to enjoy time with their child. We assist same-sex couples seeking to divorce and establish the division of assets from years of accumulation prior to legal marriage. And, we seek to protect our clients and their families from domestic violence through orders of protection. If you have a family law matter that needs legal guidance, contact Goostree Law Group today.

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High Conflict Divorce Issues
While some divorces are able to be resolved amicably, many are not. A variety of issues can lead to high conflict divorce situations including cheating, financial dishonesty, mental health problems, anger issues, and addiction. At Goostree Law Group, we are prepared to seek orders of protection against stalking and harassing behavior, as well as defend against false allegations.

Enforcement & Modifications
Once a divorce is final, most people hope to move on with their lives without the need for attorneys and judges. Unfortunately, many divorces require legal intervention after the initial decree is final. Whether you have issues related to changes in circumstances, non-payment of support or parental conflicts, Goostree Law Group can help keep you moving forward.
From Our Clients
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