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Naperville divorce lawyerDividing a couple’s marital property is often one of the most complex aspects of a divorce. Before the work of dividing the assets can even be started, the cumulative value of the marital estate must be determined as well as that of each asset.

How Marital Property is Divided

Illinois considers all property, with very few exceptions, acquired after the date of the marriage to be marital property. Unless the two sides can reach an agreement on their own, Illinois law requires the court to divide the property equitably. Doing so involves examining all of the relevant factors and dividing the property in a manner that is fair and just, not necessarily equally.

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Naperville divorce attorneysMillions of American households have at least one dog or cat as a family pet. Of course, many have more than one, as well as a wide variety of other animals. In a significant percentage of homes, dogs and cats are treated as more than just animals—they are truly part of the family. But what happens in a divorce? Can an agreement be made between the spouses so that each can continue a relationship with their furry friends?

Mutual Agreement

According to the law in Illinois, divorcing spouses can agree to just about anything in a divorce, as long as the agreement is reasonable and relatively fair to both parties. Most such agreements can even be included in the divorce judgment by stipulation of both parties. To that extent, pets can receive consideration as more than property in a divorce.

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Naperville divorce attorneyProperty division is an important aspect of divorce. When a married couple decides to separate, they must reach an agreement on how their assets will be divided. Many people believe that in every divorce case, assets are divided 50/50 and half of the total marital assets are given to each party. This, however, is a common misconception. In a few states - Louisiana, Idaho, and California, for example, marital property is divided evenly down the middle and distributed to each party. In Illinois, however, and the majority of other American states, marital property is divided fairly and equitably, but not always equally. This means that in some cases, one spouse may end up receiving a larger amount of marital property, depending on the circumstances of the divorce. If property is not divided evenly, how does the division process work?

Many Factors

Under Illinois law, if a couple is unable to reach a property division agreement themselves, the division will fall to a judge. Once in court, the judge will review the unique circumstances of the divorce case, and decide from there how to equitably divide the couple’s marital property. This decision is impacted by a number of factors. These include:

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