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Lombard divorce lawyer for division of propertyMarriage is like a knot, and that knot can be very tricky to untie if you are getting a divorce. One of the most difficult parts of divorce can be the division of property. Many states use “community property” laws, which say that any assets obtained during a marriage are subject to equal division in the case of a divorce. However, Illinois is not a community property state, and instead, it uses a principle known as “equitable distribution.” This states that assets will be fairly and equitably divided between spouses in just proportions rather than being split 50/50.

Types of Property

There are two types of property that a married couple may own: marital property and separate property. Marital property is defined as all assets and debts obtained by either spouse during a marriage. This includes not just tangible property but also intangible assets. Examples may include vehicles, furniture, clothing, jewelry, bank accounts, trusts, real estate property, and business interests--as long as they were obtained during the marriage. Liabilities such as credit card debts or home and auto loans are also considered marital property. 

Separate property includes any assets that were obtained by one spouse before or after the marriage, as well as any inheritances given solely to one spouse. Marital property will be divided between spouses, but separate property will continue to be owned by the spouse that acquired it.

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Wheaton divorce lawyersWhen navigating a standard divorce process, both parties must understand that their actions will be under extreme scrutiny. Your life habits, occupation, and living situation will all play a part in how a judge makes decisions on various issues regarding the separation. In any family law case, a criminal charge can have a monumental impact on the manner in which the judge will rule. If you have been accused of a crime during your divorce, it is crucial to notify your attorney as soon as possible.

Crimes During Divorce

The divorce process can be an incredibly stressful time for all parties involved. With that in mind, it should come as no surprise that many people commit a criminal offense during their divorce. Listed below are the most commonly committed crimes that can severely impact a family law case:

Driving Under the Influence (DUI): Although turning to drugs or alcohol during stressful times usually tends to be a bad idea, many people increase their alcohol intake during their divorce. Here in the state of Illinois, a DUI charge can lead to extensive fines, loss of driving privileges, and even potential jail time.

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