The Law Office of Christina Martell

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27475 Ferry Road, Suite 130, Warrenville, IL 60555

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Wheaton Marital Asset Division Attorney

Naperville Divorce Lawyer for Division of Assets

Lawyer for Property Division Disputes During Divorce in DuPage County

Although we generally consider marriage to be a romantic relationship, it is also a monetary relationship. When two people marry, the lines between "yours," "mine," and "ours" can become blurry. If you are getting divorced, you may have worries about how your combined property will be split between you and your soon-to-be ex-spouse. Asset division during divorce can often be quite complex, especially if spouses own assets that are difficult to value or the couple has a high net worth.

Family law attorney Chrissie Martell has the education, experience, and legal know-how needed to successfully manage even complex property division disputes. She can help you and your spouse negotiate a fair and equitable property division settlement. If you cannot reach an agreement, we will advocate on your behalf in court.

West Chicago Attorney for Property Division

Illinois follows "equitable distribution" rules when it comes to asset division during divorce. Instead of property being divided exactly in half, as it is in some other states, Illinois divides property equitably based on the financial and life circumstances of the spouses. Courts consider factors such as each spouse's financial and non-financial contributions to the marriage, the duration of the marriage, the spouses' employability and economic circumstances, custodial provisions for children, spousal support (alimony), and more during property division decisions. Only marital property is divided in an Illinois divorce, so non-marital assets such as gifts, inheritances, and property acquired before the marriage is not divided. Differentiating between marital and non-marital property is not always easy, however. Assets that are commingled, or mixed, can present especially difficult challenges. 

Issues That Can Complicate Property Separation During Divorce

The complexity of property division during divorce will depend on a variety of factors. Issues that will make your divorce more complicated include but are not limited to:

  • Complex assets: If you or your spouse have complex assets such as real estate, stock options, trusts, investments, royalties, deferred compensation, cryptocurrency, offshore accounts, or a business, this may significantly complicate your divorce. You may require help from an appraiser, accountant or other professionals in addition to your family law attorney.
  • Hidden assets: In order for property to be divided during divorce, both spouses must be transparent regarding their income, assets, debts, and other financial data. Unfortunately, spouses are not always honest regarding finances during divorce. If this is the case, the services of a forensic accountant may be required.
  • Dissipated assets: When a spouse misuses or wastes assets at the end of a marriage, this is called dissipation. Illinois law states that dissipation occurs when a spouse uses marital assets for the sole benefit of himself or herself during a time in which the marriage is breaking down. Oftentimes, this may be as a result of an affair. A dissipation claim may be able to help you recover funds lost to dissipation.

Schedule a Consultation Today

For help with issues related to asset division during divorce, turn to The Law Office of Christina Martell. Call our office today at 630-717-2772 to schedule a confidential appointment to discuss your divorce concerns. Consultations are offered for $100. That fee will be credited to your account upon retainment. The Law Office of Christina Martell serves clients in DuPage County, Wheaton, Warrenville, Winfield, Naperville, West Chicago, Kane County, Cook County, and the neighboring areas.

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