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Tag Archives: divorce property division

Wheaton divorce lawyersMoney can cause numerous issues in a relationship. In fact, it is one of the biggest reasons that couples argue and divorce. It can also be an especially contentious matter in divorce. Thankfully, there are some steps that you can take to protect your financial future in an Illinois divorce case - and it starts with knowing which financial issues may impact your case. Learn more in the following sections, including how a seasoned divorce lawyer can assist with the process. 

Know the Value of Your Marital Estate

Every couple handles their money differently. Some couples share financial knowledge and information. Others have just one party managing marital finances. In either scenario, complications can arise. The biggest risk is hidden money or debts, which is far more common than most people think. In fact, one in five parties admits that they have undisclosed money or debts in their relationship. As such, it is critical that parties obtain the assistance of a seasoned lawyer to ensure they have a clear understanding of their marital finances. 

Examine Your Marital Debts

Divorcing couples are usually aware of just how important it is to take stock of their marital assets, but they often overlook the importance of taking stock of their marital debt. Unfortunately, such an oversight can dramatically impact the outcome of one’s divorce case. In contrast, parties that take stock of their marital debt and create a plan for dealing with it often experience better financial outcomes after their divorce. An attorney does not have to be your only resource for resolving marital debt either; you can also find assistance through an accountant, financial advisor, or credit counselor. 

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Wheaton divorce attorneysAlthough the 2017 American Community Survey estimates the number of divorces is on the decline in Illinois, women still need to be aware of how to protect themselves financially, should divorce become inevitable.  There are two common financial mistakes shared by a number of divorcing women - not only in Illinois but throughout the United States.  By taking a proactive role and getting ahead of these common financial mistakes, women can save themselves a lot of frustration and be better prepared for their future.  

1. Not Knowing Your Marital Assets and Debts

In Illinois, there is a presumption that property acquired during the marriage is marital property, therefore it should be divided equitably. However, many women are unaware of the extent of their marital property, which may cause them to leave money on the table. Consider that marital property can include a variety of assets - from retirement accounts and offshore bank accounts to car collections and earnings on investments. It is important to immediately identify and determine the values of these items since knowing these values will allow for a more equitable share in the assets of the marriage.  

While it is crucial to know the marital assets, it is just as important to be fully informed of the marital debts. Where there is often a lack of knowledge of assets, the same is often true of marital debts. Debts can include car loans, home mortgages, credit cards, lines of credit, or any other debt. These will be factored into a property settlement along with any assets. If unaware and unprepared for them, you could be financially crippled in your new life, long before you even begin. Thankfully, with guidance and skilled legal counsel, you may be able to overcome such financial hurdles in your Illinois divorce. 

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Illinois property division lawyersDuring the divorce process, each party must make a number of difficult decisions. Some of the decisions are fairly simple and straightforward (i.e. who gets the pots and pans). Others, like deciding where one will live during and after the proceedings, can be far more challenging and are rarely considered in advance. To make matters worse, there are often practical, emotional, and financial implications involved. Learn what considerations can help to ease the decision-making process, and discover what an experienced divorce lawyer can do to improve the final outcome of your case. 

Examining Your Options

When it comes to living options during and after a divorce, most people have only three: continue living in their current home, purchase a new home, or rent a new home or apartment. Some divorcing parties may also have the option to stay with family or friends (at least for a while), but such arrangements are usually temporary. For this reason, even parties with a fall-back plan are encouraged to consider their long-term living options. 

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Illinois divorce lawyersIt can be difficult to focus on the financial aspects of a divorce when your entire life has been turned upside down, but doing so can drastically improve the outcome of your case. In fact, couples who financially plan for their divorce are typically far more prepared for their single life. They also tend to adjust to their new life sooner than those who are ill-prepared. Learn more about planning for the money-related aspects of your divorce, and discover how an experienced attorney can help.

Pull Your Credit Report

Obtaining a copy of your credit report before a divorce can benefit you in two ways First, it can provide you with a clear picture of where you stand, on your own, outside of the marriage. Pulling your credit report can also reduce the chances of your spouse opening credit accounts without your knowledge and, in turn, minimize the chances that they will run up debt under your name. Should you spot anything suspicious after pulling your credit, report it to the credit bureaus and your attorney.

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DuPage County property division attorneys, pet custodyThose of us with pets often feel like they are part of the family. Therefore, in the event of a divorce, deciding who gets to keep the pet can be a huge conflict. There are several different factors that affect a court’s decision regarding pet custody. Generally, the rule is that a pet is personal property like any other property. However, sometimes the court is willing to see a pet as unique. 

Pet Custody Agreement 

Couples can create an agreement that lays out what would happen to a pet in the event of a divorce. The court does not necessarily have to uphold the agreement, but it may help the couple come to their own agreement about the pet. Like most other parts of property division during a divorce, a court will almost always approve an arrangement to which the couple agrees. 

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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