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Property division in Illinois is governed by law

Getting a divorce in Illinois usually involves property division. Who gets what? Do you need to keep the house? Much of this hinges on who has custody of any children involved. A judge can and will enter a ruling based on the documentation you submit, so you may want to call in a legal professional who knows what information will be needed before the court asks for it.

The court will not decide anything regarding property division until child custody is decided. You may want to consider talking to your spouse with an attorney to work some of these issues out before you get to court. Many times, if the split is amicable, the judge will take into consideration the fact that you both know what you want and are willing to work together.

The needs of any children involved will always come first and will be the paramount in the eyes of the law. Whomever has legal custody of the children will, by necessity, be the person who gets the major portion of the property that is in question.

You need to make sure that you are able to prove that you deserve the property you are asking for. If there is debt, you both may be liable for a portion of this so don't be surprised if this comes up in the hearing. Again, being able to prove that you aren't responsible for the debt in question is important.

If you are getting a divorce or are planning to part ways with your spouse, an attorney can make a big difference. You need to focus on making sure that you and your children are emotionally in a good place. You may need someone who can help you through this process.

Source: Illinois Statutes, "Illinois marriage and dissolution of marriage act" accessed Mar. 10, 2015

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