Information...Illinois Divorce and Dividing Property.
Illinois is just a pinch different on how it does dividing property in a divorce. Illinois does what is called just proportions in the dividing property or, how ever the divorce courts see fit, there are of course the none marital property in the divorce that runs pretty much the same in that area as for other states. Such as anything you had before you were married is not considered to be marital property in a divorce, any separate business with a separate income you had before you were married, and things such as gifts and inheritance are not considered to be marital property in a divorce, but remember if anything is commingled with marital property it can be taken in a divorce. Now the divorce courts look at certain factors when separating and dividing property and debt between the spouses in the divorce, so lets take a look at those.
1. How long the marriage was before ending in first separation or divorce. Anything over 5 years is considered to be a longer marriage. They do take a look at certain things if the marriage was short lived, such as was a spouse just trying to get an inheritance etc.
2. They look at everything being split in the divorce, material and none material, all the debt and property.
3. The divorce courts then take a look at the financial outlook on each spouse, their jobs, their earning capabilities, was one spouse at home as a home maker, quit school? Alimony can come into play in the divorce there. So everything is looked at financially, on which spouse can afford what.
4. The divorce courts also take a look at the over all health and age of the spouses.
5. The divorce courts take a look at what property was gained by which spouse in the marriage.
6. The divorce courts look at how a spouse will benefit from property they get in the divorce.
7. If there was any other marriages resulting in divorce and also obligations to that family.
8. Also the divorce courts must look and see if there was any signed agreements between the spouses such as prenups, that is something the divorce courts can not go around, but must be followed as signed in the papers.
9. The divorce courts also look to see if there will be any tax consequences in the divorce.
That is the major things that the divorce courts look at, but many other things can come into play.