When you are going through a divorce, you are not only separating from your ex-spouse, but you will also need to split up the assets you own together. Depending on the length of the marriage, it can be difficult to untangle your shared assets and determine who should keep what property. Here are some basic rules for how marital property is divided in Illinois:

Marital Property

During a divorce, Illinois courts only have the authority to divide up marital property. Marital property is defined as property or assets that were obtained during the marriage. Inheritances or gifts that were given only to one spouse and assets obtained before the marriage or after legal separation are considered separate assets that are not eligible for division during the divorce. However, marital and separate property may not always be so easy to define. If an asset that would have been considered separate property was used by both spouses, or if it was “commingled” with marital property, the court may consider it to be a marital asset. For example, if you earned money before your marriage but transferred it into a joint account, then it may be considered marital property.

Can you blame your divorce on where you live? In most cases, the answer is “no;” divorce and place of residence do not usually correlate. However, if you live in Illinois in any of the ten cities listed below, your likelihood of getting divorced may be higher than for those in some of your neighborhood counties.

According to the U.S. Census Bureau’s American Community Survey, the number of divorced people in Illinois is close to 1,000,000 people. Throughout the United States, there are over 28 million people who are divorced. Note that the census defines “divorced” as people whose divorce has been finalized (not including married couples who are separated) and who have not remarried. Illinois is actually one of the states with the lowest divorce rates; at a rate of 9.7%, it falls below the national divorce rate of 10.9%

In Illinois, the city with the highest divorce rate is East Alton, a village in Madison County. The top 10 cities in Illinois with the highest divorce rates are as follows:

On an annual basis, judges around the country make decisions on thousands of divorce cases. These decisions can have monumental impacts on your life moving forward, from child support and spousal maintenance payments to resource allocation and child custody. While this decision-making process is evidence-based and unbiased, errors can be made. Fortunately, even after a divorce case is finalized, a qualified attorney can help you.

Working for a Brighter Future After Your Divorce

Once your divorce is finalized, many people feel a sense of relief. Yet for those that have decisions go in directions that they do not agree with, the divorce finalization process can bring on a stressful panic. In all reality, divorce finalizations can be challenged, moving forward.

Appeals: If the judge in your divorce case made a mistake, an experienced attorney can guide you through the appeal process. Still, it is important to note that an appeal cannot be made, simply because you are unhappy with the final decisions. If you believe that your family law case was ruled incorrectly, contact a legal team as soon as possible, the vast majority of appeals can only be filed within 30 days of a ruling. Appeals are commonly made regarding issues of marital property valuation, alimony determinations, and parental visitation.

According to the National Coalition Against Domestic Violence (NCADV), approximately 10 million Americans are abused by an intimate partner each year. In all, 20 Americans experience domestic abuse every single minute, across the United States. Domestic abuse is one of the most physically dangerous and emotional traumatizing crimes to be a victim of. In many cases, victims are afraid to leave, do not want to alert authorities, and may still have an emotional connection to their abuser. In other situations, children are involved, and that can lead to increased complications and concerns.

Still, domestic violence can escalate quickly, and removing you and your family from a violent situation is the most important step you can take in ensuring your safety. If you or a loved one are facing domestic violence at home, contact law enforcement officials immediately and reach out to a team of legal representatives you can trust.

Long Lasting Impacts of Domestic Violence

Cases of domestic violence can come with ramifications that can last a lifetime. Physical violence can lead to loss of work hours, costly medical bills, and chronic post-traumatic stress. According to the NCADV, as many as 60% of victims of intimate violence lose their jobs because of complications forming from the abuse. Domestic violence can also impact the lives of children in the household.

Here in the state of Illinois, divorce rates have steadily declined since the 1990’s. Still, hundreds of Illinoisans make the difficult decision to divorce from their spouse, every year. Nationwide, thousands of Americans get divorced on an annual basis. These divorces can be brought on by infidelity, unhealthy parenting dynamics, and a lack of love for the spouse. Yet, in many cases, the decision to pursue a divorce is considered due to one issue: the reckless and irresponsible spending of a spouse.

Staying in a relationship with a partner that recklessly spends money, can ultimately compromise the financial security of you and your family. If your partner, is behaving in a financially reckless manner, it may be time to consider contacting a divorce attorney.

Signs That Your Financial Health Is At Risk

Understanding when it is time to make an emotional relationship change based on financial security can be challenging. It is important to know when to get out of a financially reckless relationship before it is too late. If your partner begins making decisions that impact your savings or retirement, is spending large quantities of money without consulting you or is lying to you about the landscape of your financial future, it may be time to consider a divorce. Making the decision to remove yourself from a relationship based on finances, can feel cold, but after all other avenues have been explored, a divorce may be the right, and only, option.