Hinsdale Property Division Lawyer
Ready to Protect Your Assets & Rights
One of the most important stages of a divorce is property division. However, it is not uncommon for one spouse to have most or complete financial control in the marriage, which is why you must protect your rights and best interests with the help of an experienced attorney.
The division of property during a divorce is often a complex and contentious issue. At Law Offices of Jonathan Merel, P.C., our Hinsdale property division lawyers are dedicated to helping clients navigate this process with compassion, expertise, and a focus on achieving favorable outcomes.
Illinois Property Division Laws
Property division is a legal process that occurs during a divorce or legal separation, where marital property and debts are divided between the spouses. This process aims to ensure that each spouse receives a fair and equitable share of the marital assets and liabilities.
In Illinois, property division follows an equitable distribution system. This means that the court strives to divide marital property and debts fairly between the spouses, but it doesn't necessarily mean an equal 50/50 split. Instead, the court considers various factors to determine what is fair and equitable.
Some key factors that the court takes into account in Illinois include:
- Contributions to the Marriage: The court will assess each spouse's contributions to the acquisition, preservation, or increase in value of marital property. This includes financial contributions as well as non-financial contributions like homemaking and childcare.
- Length of the Marriage: The duration of the marriage can impact how assets and debts are divided. Longer marriages may result in a more even distribution of property.
- Custodial Responsibilities: If one spouse has primary custody of the children, they may receive a larger share of marital assets to ensure the children's needs are met.
- Each Spouse's Financial Situation: The court will also consider the financial circumstances of each spouse, including income, earning potential, and financial needs.
- Separate Property: Property owned by either spouse before the marriage or acquired during the marriage through gift or inheritance may be considered non-marital and not subject to division.
- Any Agreements: If the spouses have a prenuptial or postnuptial agreement specifying how property should be divided, the court will typically honor that agreement unless it's deemed unfair or unreasonable.
It's essential to note that only marital property and debts are subject to division. Marital property generally includes assets and debts acquired during the marriage, while non-marital property is exempt. However, the commingling of non-marital and marital assets can complicate this determination.
During the property division process in Illinois, both spouses are required to provide a complete financial disclosure to ensure transparency. If the spouses can agree on how to divide their property, the court will generally honor their agreement as long as it is fair and reasonable. If they cannot agree, the court will make a determination based on the equitable distribution principles and the specific facts of the case.
Property division laws can be complex, and it's advisable for individuals going through a divorce in Illinois to seek legal counsel from a qualified attorney who can provide guidance and representation throughout the process.
Why Choose Us?
Our Hinsdale property division lawyers are skilled negotiators and litigators who know how to protect your interests in court. We will work tirelessly to advocate for your rights and secure the best possible outcome for you and your family.
At Law Offices of Jonathan Merel, P.C., we offer a range of services related to property division, including:
- Determining the value of assets and debts
- Identifying separate and marital property
- Negotiating property settlements
- Representing clients in court hearings and trials
- Drafting and reviewing property division agreements
We understand that every divorce is unique and requires personalized attention. Our team will take the time to listen to your concerns and goals, and we will work with you to develop a strategy that meets your needs.
If you are facing a divorce or separation and need help with property division, don't hesitate to contact our team at Law Offices of Jonathan Merel, P.C. at (630) 318-2111. We are committed to providing compassionate, effective legal representation to clients in Hinsdale, IL.
MerelFounder and Managing PrincipalJonathan Merel is an experienced attorney who advocates for his clients in all divorce and family law proceedings, including settlement negotiations and trials. Jonathan founded the Law Offices of Jonathan Merel, P.C. in early 2009 after working for many ...
Caballero DunnManaging PartnerTo clients, Melissa Caballero Dunn is “the best” and a “rare” family attorney. To our firm, she is the engine that keeps us running a smooth operation. As Managing Partner, The Law Offices of Jonathan Merel relies on Melissa to know what's around every ...
DelgadoPartnerKatherine “Kat” Delgado counsels her family law clients with knowledge and compassion throughout their cases, including during settlement negotiations, in court, and in other adversarial settings throughout litigation. Her goal with every client is to ...
DeSanaPartnerJackie is a skilled and compassionate attorney who is dedicated to helping her clients navigate difficult situations. Jackie graduated from Wayne State University in 2012 where she received a Bachelor of Arts in Political Science. Jackie continued her ...
FitzpatrickPartnerAurelija Fitzpatrick believes that a large part of her job is being a problem solver. She also understands that people are often misunderstood. Aurelija has a unique ability to collaborate with family law clients by listening to her client's concerns, ...
KayePartnerBrad Kaye is a divorce and family law attorney who knows how to win. His clients rave about his preparation and support as their divorce attorney . Brad gives his clients confidence in court, whether it's with a professional athlete, music industry ...
MargasonPartnerCharacterized by her ability to navigate the always diverse circumstances of family law cases, Ashley Margason is a trusted family law attorney with a reputation for extensive knowledge and efficiency. A client’s family law needs are unique. Every case is ...
McSurleyPartnerWilliam’s demonstrated ability to exploit all aspects of the legal process to his client’s advantage has helped divorce clients avoid costly litigation altogether, or prevail when such conflicts cannot be avoided. William places an emphasis on using his ...
NortonPartnerJosie graduated from DePaul University with a Bachelor’s Degree in Sociology and Psychology (2013). Josie continued on to receive her Juris Doctor from Chicago-Kent College of Law (2017), where she was named to the Dean’s List and earned a Certificate in ...
TararaPartnerAnnemarie Tarara is on the cutting edge of LGBTQ+ family law issues such as second-parent adoptions and the dissolution of same-sex marriages, civil unions, & domestic partnerships. She also represents clients in obtaining orders of protection and in ...
ZwaskaPartnerDavid Zwaska is an experienced litigator who makes the law digestible for family law clients every step of the way. Sure, Dave has the awards and resume that make him look like a great attorney to hire, including clerking for the Honorable Judge Raul Vega ...
BerndtAssociateKelsey graduated from Michigan State University in 2018 with her Bachelor's in Social Relations & Policy and Women's & Gender Studies, where she found a passion for advocating on the behalf of those in need. Kelsey then attended Penn State Law, receiving ...
BroekemaAssociateMarleena graduated from Michigan State University in 2014 with a Bachelor’s Degree in Political Theory and Women’s Studies. Marleena continued on to receive her Juris Doctor from DePaul University College of Law in 2018, where she earned a certificate in ...
CashAssociateJeffrey Cash has focused his practice exclusively in the area of family law since 2014 and has represented individuals in all aspects of family law matters, including divorce , paternity, the allocation of parental responsibilities , parenting time, child ...
DeanAssociateMitchell graduated from the University of Iowa in 2017 with a Bachelor’s Degree in History and a Minor in Political Science. Thereafter, Mitchell attended DePaul University College of Law, graduating in May 2021 with a Certificate in Business Law. While ...
Hartrum IVAssociateLaude’s approach to family law is both comprehensive and client-centered. After graduating from the University of Michigan in 2017 and DePaul University College of Law in 2020, Laude was admitted to the Illinois Bar in 2021. During law school, Laude ...
LeeuwenburgAssociateCora attended Loyola University School of Law and practiced as a 711 student-attorney with the school’s Community Law Clinic where she gained experience as a Guardian ad Litem representing children in court. Cora has always been interested in family law ...
RyterskiAssociateBorn in Rochester, Michigan, Paige obtained her Paralegal Certificate and Bachelor's Degree in Business Administration in her hometown. By the time she was 21, Paige was finished with college and working as a Paralegal for a Criminal Defense firm in ...
TrabarisAssociateWill is devoted to guiding his clients through the difficult waters of divorce and other family law proceedings. Will knows that this process can be emotionally taxing and complex, so he prides himself on being a steady hand – as well as a clear head – ...
I highly recommend Jonathan and his firm for their professionalism, experience and for getting results!