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FAQ Videos

The Courts Divide All Property 50/50 in Illinois, Right?

DuPage County Lawyers Explain Property Division

According to Illinois law, the court divides property based on what is equitable and not on an equal or 50/50 basis for a divorce. There are many factors that are considered by the court, and our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help explain what you need to know in regards to your property being divided following a divorce.

When the law says "equitable," it means what is fair under the circumstances of the divorce. Factors the court considers examining are the non-marital property of each party, the age and health of each party involved, as well as the income of you and your ex-spouse. Cases have ranged in division to fall into 60/40 or 70/30 splits or possibly even all allocation of property going to just one of the spouses. Although it is never always the case, there have been instances where courts came to the conclusion that 50/50 or equal division of property turns out to be what is equitable or fair to both parties.

According to Illinois law, it does not matter what happened to cause the divorce such as "marital misconduct." The courts do not divide property or debts on whether or not your ex-spouse destroyed the relationship at all. In addition, when accessing how much property goes towards each spouse, the court will address if one of the spouses has financial commitments to a previous spouse from a different marriage.

Contact a DuPage County Property Division Lawyer

There are a number of other factors that can play into the property division during your divorce. Contact MKFM Law so that you can set up an appointment with our attorneys. We can guide you in making decisions on property division, parental responsibility, spousal maintenance, or any other divorce-related legal questions you may have. Our office is located in Wheaton, Illinois, and we have assisted families for decades in the DuPage, Kane, and Kendall County areas. Call us at 630-665-7300 so that we can get started on your case today.

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St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree