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Laws that cover property division in Illinois

Getting a divorce is never easy, and the state of Illinois has set out some pretty far-reaching rules and laws that must be followed regarding property division. If you ever asked yourself if you have the right to property you owned before the marriage, you may want to consult a legal professional who can look over your case and offer advice that is steeped in the knowledge of the laws of Illinois.

If the right paperwork is filed with the court, one party in a divorce can cause the other person that is involved to have a restraining order in place that prevents the other party from selling any property while the divorce is on-going. It also makes it against the law for that person to conceal any property unless it is in the usual course of the business he or she is in.

Of course, the law also states that if you and your soon-to-be ex-spouse come to an agreement together, with proper documentation, that the property or assets in question may be liquidated, the court will take this into account when giving a final outcome, granting the divorce and dividing the property up.

If that agreement cannot be proven, then damaging, spending concealing or disposing of any property is unlawful under Statute 750 Illinois Combined Statutes. Until the final judgment is made by the court, no party can take any action with assets and property. It's easy to see why an attorney can be helpful when going through a divorce that involves property distribution. Forgetting about an asset or selling property can be a true detriment to your case and can get you in trouble with the law.

If you are thinking about getting a divorce in Illinois, make sure you know the laws involving property division. Having someone in your corner at a time like this can make all the difference in you getting what you deserve in a separation.

Source: Illinois General Assembly, "Families/Illinois marriage and dissolution of marriage act" Oct. 27, 2014

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Goddard & Malmquist
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