Dividing Property as Part of Your Divorce

 Posted on December 00, 0000 in Division of Property

When a married couple decides to divorce everything they have obtained, amassed and created together suddenly becomes a desired possession by one party or the other, but very frequently property and assets are sought by both adults. The matter of property division is one that tends to increase the level of stress and cause prolonged court battles.

Understanding the Process

Along with the help of a knowledgeable divorce attorney with experience in matters of property division, it may be helpful to have a basic understanding of the guidelines Illinois judges refer to when faced with these matters. Consider the following information as a reference.

• It happened that a couple owned two season tickets for the home games of a local professional sports team, but neither enjoyed the thought of continuing to attend games with the other once divorced. The wife even went so far as to file an emergency petition to obtain custody of the tickets. Eventually, the judge awarded the tickets to the husband but ordered him to purchase equal value seats for the wife.
• Furthermore, Illinois law states specific measures that can be taken to protect property until such time a final plan for its division is finalized. One, for example, may file for a temporary restraining order or preliminary injunction to prevent the transfer, encumbrance or concealment of any property. Exceptions are allowed, however, if those transactions are a part of the normal course of business or required to sustain one’s life.
• You should know that filing for a restraining order or injunction does not give that party more of a right to final ownership to the property, as all assets and property are considered equally in the court’s final adjudication and decision of property division.

In any divorce, the ultimate goal of the court is to consider both sides and come up with a plan for property division that is fair and equitable.

Rely on a Knowledgeable Illinois Property Division Attorney to Represent You

Every divorce has unique aspects that may create uncertainty and anxiety. Division of marital assets and property is a complex matter, but if you work with an experienced DuPage County divorce and property division divorce lawyer it can help ease the transition. The Law Office of Matthew M. Williams, P.C. uses a variety of resources and years of experience to divide marital property in an equitable manner. Contact our offices at 630-409-8184 to set up a consultation. During this meeting, you can learn more about the divorce process and get answers to all your questions.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

http://www.chicagonow.com/chicagos-real-law-blog/2017/11/how-a-judge-decides-custody-of-property-in-illinois/