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How is marital property divided in Illinois divorces?

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It may be emotionally difficult to handle the end of a marriage, but there are ways of making the process easier so you can move on with your life. One of the best allies that a person can have during this time is an attorney to represent your interests.

When you are preparing to contact a divorce lawyer, there is some basic information you will need, such as the names and addresses of all parties involved. If you are fortunate enough to not have to contest financial or custody arrangements, information on how things will be divided should also be ready.

What are the things that must be divided in a divorce agreement?

Any marital property -- money or property acquired by a couple during their marriage -- should be assigned to one of the two spouses. Custody of any children, such as where children will live and how decisions regarding their upbringing are made, should also be divided.

What other financial considerations are important?

Some couples decide on alimony, which is payments made by one spouse to the other to maintain the recipient's expected standard of living. Any debts that a couple has accrued, such as a mortgage or credit card debt, should also be divided as a couple decides to do so.

What if spouses cannot agree on these issues?

A judge can rule on how to split custody or assets when a marriage ends. Illinois judges are instructed to divide marital property and custody in a way that is fair to all parties.

Source: Champaign County Clerk, "Getting Started: Dissolution of Marriage/Civil Union," accessed Dec. 22, 2017

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