Dividing your marital property has the potential to be difficult, especially if either you or your spouse feels that you’ve contributed more to the marriage and household than the other. Illinois allows for the equitable distribution of your assets, which means that there is not an automatic 50-50 split. This is important to know, because you may need to take more time to negotiate for the assets that you want.
When you’re negotiating, you have a few choices. You can negotiate with one another on your own, work out negotiations through your attorneys, try alternative-dispute resolution techniques or take your case through the court. If you have a particularly complex or high-conflict divorce, you may want to consider preparing for a trial.
If you have to take your property division case to the judge, what happens next?
It is important for you to make sure you show why you want certain assets and why you should be entitled to them. In a high-conflict case, you may need to ask a judge to decide on the way your marital property will be divided. Since the judge doesn’t know you or your situation, you should be able to explain clearly to the judge what you need, what you want and why you’re asking for the items you’re seeking. Show your investment in the marriage, the income you earn compared to your spouse and share other pieces of information to create a convincing argument for the resolution you want.
The outcome of a litigated divorce can never be entirely predicted, but it does help to have a clear picture of your case’s strengths and its areas of weakness. Your attorney will work closely with you to help you form an argument that supports your goals.
