Category: Property Division

“If you can’t explain it simply, you don’t understand it well enough.” – Albert Einstein.

Foreign bank accounts in an Illinois divorce
Discovery

How To Find And Divide Overseas Bank Accounts In An Illinois Divorce

When a party to an Illinois divorce has an overseas bank account, that account must be disclosed and, if found to be marital property, equitably distributed by the court. If the overseas account is not disclosed, Illinois divorce courts possess limited powers to investigate bank accounts in other countries. In an Illinois divorce, locating and

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Spouse empties bank accounts during an Illinois divorce.
Property Division

What To Do When A Spouse Empties Joint Bank Accounts In An Illinois Divorce?

In Illinois, if your spouse empties a joint bank account before or during a divorce, you can’t rely on automatic protections but you can file a motion for temporary relief or to maintain the financial status quo. Courts can order the funds restored or award you temporary support. Act quickly and consult an attorney to

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Cars and divorce in Illinois
Divorce

Cars, Trucks and Motorcycles In An Illinois Divorce

An average person’s assets are usually relatively simple.  The average person may own a house, the average person might have a retirement account but the average person almost certainly owns some kind of automobile. So, what happens to a car, truck or motorcycle in an Illinois divorce? Is An Automobile Marital Property In An Illinois

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Deeds and divorce in Illinois
Illinois Law

Quit Claim Deeds And Divorce In Illinois

When two people are married and buy real estate, there are incredible incentives to hold the property jointly. Jointly held property has the right of survivorship. If one spouse dies, the entire property passes to the other spouse without the hassle of probate court. “[A]n intrinsic feature of joint tenancy is the right of survivorship,

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How to evict your spouse during an Illinois divorce
Illinois Law

Exclusive Possession Of The Marital Home In An Illinois Divorce

Living with someone is hard. It’s even harder to live with someone while you’re in the process of divorcing them. Sooner or later, someone has to move out of the house. How do you get exclusive possession of the marital home in an Illinois divorce?  Temporary Exclusive Possession Of A Marital Home During An

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When your spouse refuses to settle in an Illinois divorce
Attorney's Fees

Failure To Compromise In An Illinois Divorce

Divorcing people are more reasonable than you would think. 95% of divorces end up settling out-of-court. But, there are divorce litigants who are so inflamed about the divorce that they refuse any and all attempts to settle. For the spouse who is willing to settle their divorce case, the refusal to adopt or consider a

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Beneficiary designations after an Illinois divorce
Marital Property

Leaving Your Ex-Spouse As A Beneficiary After An Illinois Divorce

If you have ever opened up any kind of account with a financial institution, you will be asked to name a beneficiary. The beneficiary will be the person who will receive the account, if you pass away. If you are married, you will likely choose your spouse to be the beneficiary of that account. If

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Business partners including themselves in an Illinois divorce
Divorce

Fiduciary Duty And Divorce In Illinois

When you are married to someone you have a lot of mutual responsibilities to each other. It is up to you both to resolve those responsibilities. If you cannot resolve your mutual responsibilities, you file for divorce and, in Illinois, the Illinois Marriage and Dissolution of Marriage Act outlines what happens as you dissolve your

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Trial Separation preparation for divorce
Illinois Law

Trial Separation And Divorce In Illinois

Divorce is a big step. Many couples will separate with the explicit option that they may, in fact, get back together. A non-permanent separation is called a trial separation. Some therapists will recommend trial separation in order to allow each member of the marriage think clearly about the future of the relationship. Trial separations, by

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