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There is more to property division than you might think

In a divorce, one of the questions that comes up often refers to property division and the way debt and assets are divided upon separation. In Illinois, the court allows for certain relief to take place if the correct documentation is filed. In the case of property division, this can mean a monthly payment from assets.

If you find yourself in need of temporary relief from some sort of property division that has taken place during the divorce, you need to petition the court with the facts of the case that may include restraining one of the people in the divorce from hindering, concealing or getting rid of any property, other than would normally be used in the regular course of life, unless allowed to by the court.

You also cannot remove a child from the jurisdiction of the court. In other words, the judge gets to make some life-changing decisions that you are required by law to follow. You can't interfere with the liberty of your ex-spouse or any of your children. If you do any of these things, you may suffer by paying your ex-spouse handsomely for your indiscretions. Can you see that there are many ins-and-outs of the law governing property division in the state of Illinois?

You may be required to pay for your ex-spouse's attorney fees as well as your own, so you may want to ensure that you have all the documentation that the court requires. The judge will decide who pays what as far as attorneys' fees go when he or she examines: the income and property of each party; the needs of each person; the actual and realistic earning power of each individual; your and your spouseā€˜s age and the standard of living to which you are each accustomed.

There is more to property division than just splitting assets. You may want to talk to a professional who knows intimately the laws of the state of Illinois and will not let you get blindsided in a divorce that involves property division.

Source: Illinois Compiled Statutes, "Illinois marriage and dissolution of marriage act" Jan. 12, 2015

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Goddard & Malmquist
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