Property Division
Experienced Illinois Property Division Attorneys in DuPage County
In Illinois, the law of equitable distribution is used to divide a marital estate in a divorce. According to equitable distribution, assets do not have to be divided equally, but must be distributed as fairly as possible. At Momkus McCluskey, LLC, our attorneys are experienced in handling property division issues for divorces and domestic partnerships. We strive to resolve these issues amicably wherever possible to save our clients time, money and unneeded stress. Where necessary, however, we are experienced litigators who strongly advocate for our clients interests.
Division of Marital Property in Illinois
The court considers numerous factors when determining how to divide marital property. Some of these factors include:
- Duration of the marriage
- Income of both parties
- Standard of living enjoyed during the marriage
- Child custody issues, particularly if one parent will have primary custody of the minor children
- Non-marital assets and assets excluded from the marital estate by a prenuptial or postnuptial agreement
Non-marital assets, such as property owned prior to the marriage, are not subject to property division. There are some circumstances, however, where non-marital property can become marital property. Our attorneys are familiar with all of the rules of property division and pursue all avenues to ensure our clients receive the settlement they deserve.
Property Division and Prenuptial Agreements
The main purpose of a prenuptial agreement is to avoid a contentious battle over property division if the marriage should end in divorce. A prenuptial agreement makes arrangements for how a divorce will divide assets prior to the marriage. Prenuptial agreements are not indisputable, however. They can be contested on numerous grounds in a divorce. At Momkus McCluskey, LLC, we are experienced in identifying when a prenuptial agreement can be challenged successfully. We also help clients draft prenuptial agreements that function as they are designed.
One of the largest law firms in DuPage County, we are practiced in handling all aspects of property division. We routinely work with high-asset divorces and are skilled at uncovering undisclosed and hidden assets. Also a business law firm, our attorneys are also experienced in handling business valuations.
To schedule a consultation with an experienced and knowledgeable family law attorney skilled in handling property division issues, contact Momkus McCluskey, LLC.
