Like most major life changes, divorce can be a tremendously stressful experience. It affects finances, living arrangements, household jobs, schedules and so much more. If the family includes children, they may be deeply affected as well.
Divorce in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act, and the Law Office of Paul M. Marriett understands how this legislation can you work to your advantage during a divorce. Rockford-based lawyer Paul M. Marriett takes the time to learn why you are pursuing divorce, to identify your needs so that we may structure our legal strategy around them, and proceed in a sensitive matter.
To schedule a free initial consultation with a skilled divorce attorney, email us by clicking here or call us at (815) 391-0089. We serve clients in Rockford, Machesney Park, Loves Park, Winnebago County and the surrounding communities.
Contested vs. Uncontested
A contested divorce can take years to resolve, while an uncontested divorce can still present unforeseen complications. By enlisting the services of an experienced family law attorney, you ensure that every step you take will be a step in the right direction. The Law Office of Paul M. Marriett is committed to helping you through the process efficiently, effectively, and at a reasonable price.
While the process of divorce can seem complicated, our goal is to draw you a roadmap so that you can see the legal path in front of you. We want you to be aware of the steps that you will have to take and the decisions that you will have to make regarding:
- Child custody
- Child visitation
- Child support
- Spousal maintenance or alimony/spousal support
- Property division
Protecting Your Rights Before and After Divorce
Marriett Legal will fight to see that your marital property division is fair. In Illinois, this standard is called an “equitable distribution” of marital assets. Prior to anything being filed in your divorce, we will have a consultation to determine what your goals and non-negotiable areas are for the divorce. This will give us a good strategy going forward of what we treat as very important and what we can use to barter.
Property division in Illinois is governed by 750 ILCS 5/503. There are two basic kinds of property in Illinois, marital and non-marital. Marital property is generally considered property that is obtained by the parties during the course of the marriage. If the parties get married and then buy a house to live in, that house is generally considered marital property. The court will divide marital property up equitably. Equitable, does not mean equal to or even 50%; it means “fair.” What an equitable division is depends on your specific situation. If you are a doctor and your spouse stays at home raising your kids, that does not mean that you get to keep 100% of the familial assets. However, what it does mean is that you will want a competent attorney that can represent your interests, that knows the ins and outs of Illinois family law, and that can put you in as good of a position as possible when the divorce is settled.
Non-marital property, on the other hand, is property acquired prior to the marriage, or property acquired through gifts or inheritance. Non-marital property is not generally divided by the court. Non-marital property can be converted to marital property if marital property is used to increase the value. (For example, you have a vacation house you inherit but you use your salary from work to put a new roof on the vacation house.) If a house bought before the marriage has a mortgage that is paid off with marital property, the house may have converted to marital property or be subject to reimbursement of the marital portion.
The Law Office of Paul M. Marriett strives to settle with favorable terms before trial. Contact divorce attorney Paul M. Marriett at (815) 391-0089 to schedule your free consultation about your divorce case, or use the contact form to receive a response within 24 hours.