Illinois is not a community property state – it is an “equitable division” state. That means marital property and debts need not be divided 50 / 50. Rather, the law requires property to be divided “equitably.” Many cases are resolved with 60/40, 70/30 splits and some even allocate ALL marital property to one spouse.
What is considered marital property in Illinois?
Marital Property and Separate Property in Illinois
Marital property includes most assets and debts a couple acquires during marriage. Property is separate if a spouse owned it before marriage or acquired it during marriage by gift or inheritance.
How are assets split in a divorce in Illinois?
Only marital property is divided during an Illinois divorce. Marital property generally includes property obtained by either spouse during the marriage. … Assets that are commingled can lose their identity and be transmuted from separate property to marital property.
What is wife entitled to in divorce Illinois?
Divorce laws in Illinois allow either party to receive alimony payments (or spousal support/maintenance payments). The court determines the amount of alimony as well as the duration based on numerous factors. Fault and marital misconduct are not among them.
Is Illinois a 50 50 state in a divorce?
In Illinois, marital property is not divided evenly 50/50 between the two spouses. This is because Illinois is what’s known as an “equitable division” state. This means the court tries to divide marital property fairly between the two parties.
Who gets the house in divorce Illinois?
Under Illinois law, spouses’ marital assets are subject to equitable distribution in their divorce, but the spouses’ respective separate assets are theirs to keep.
What is considered non-marital property in Illinois?
What Is Considered to Be Non-Marital Property In Illinois? Non-marital property includes assets, property, and liabilities which belong solely to one partner. As a result, non-marital property is not equitably distributed in a divorce, and continues to belong to the person who owns it.
What is the cheapest way to get a divorce in Illinois?
The uncontested divorce process in Illinois will save you both time and money. An uncontested divorce is much faster and cheaper than a traditional divorce—spouses can often use a DIY solution like an online divorce service. They do, though, also have the option of getting professional help.
Does it matter who files for divorce first in Illinois?
Does It Matter Who Files First In An Illinois Divorce? There is no grand strategic advantage to filing for divorce before the other person files. … So, the Plaintiff/Petitioner can file for divorce in either the county they live in or the county the Defendant/Respondent lives in.
How long do you have to be separated in Illinois to get a divorce?
You must be separated from your spouse for six months in order to file for divorce in Illinois.
Who qualifies for alimony in Illinois?
Illinois courts will only grant spousal support, or maintenance, if one spouse is unable to support him or herself. The court has discretion to award permanent support or fixed support, which expires after a certain amount of time.
How much does an Illinois divorce cost?
On average, the cost to divorce in Illinois is $13,800.
Include child custody and support, alimony, and property division into the mix, and financing a divorce sharply climbs to an average of $35,300.
How can I get a quick divorce in Illinois?
The number one way to get a quick divorce in Illinois is to hire an attorney. An attorney will know the process and, in addition, will now how to expedite the process whether you are agreed or not.
Is Illinois a bad state for divorce?
Because Illinois is strictly a no-fault divorce state as of January 1, 2016, couples are not able to specifically cite infidelity or adultery as a reason any longer. A couple can get a divorce for no other reason than by claiming that there is an irretrievable breakdown in the marriage.
Is alimony mandatory in Illinois?
Like most states, Illinois generally requires a monthly payment of alimony. Typically, the court will issue an income withholding order to the paying spouse’s employer.
How many years do you have to be married to get alimony in Illinois?
Married For 20 years or more: Courts can choose to order permanent spousal maintenance or maintenance for a length equal to the length of the marriage.