Kane County Property Division Attorneys

Lawyers for Property Distribution in an Illinois Divorce

During the divorce process, there will be many financial issues to consider. It is crucial to make sure these matters will be handled correctly, since the decisions made can have a huge impact on a person's life going forward. Each spouse will want to make sure they will have the financial resources to address their ongoing needs. They will also want to make sure their contributions to the marriage will be recognized and that they will be able to make use of the money they have saved and the assets they have acquired. Many of these factors will be considered when making decisions about how to divide marital property.

At the law firm of Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand how to conduct a marital property distribution analysis during a divorce proceeding. In particular, one of our attorneys has a financial and accounting background, which ensures that investigative and analytical work is performed correctly during divorce cases. At our law office, we do what is necessary to ensure that our clients receive the marital property they deserve. We can also help address all other divorce-related issues, helping our clients negotiate settlements that will meet their needs and advocating for them in the courtroom when necessary.

Issues That Affect the Property Division Process

Illinois is considered an "equitable distribution" state. This does not mean that all marital assets will be distributed equally. Instead, family courts will evaluate various factors that may affect both parties to determine an appropriate division. The decisions made may provide one spouse with a larger share of marital assets, but they will ensure that each party receives a fair share that reflects their ongoing needs and their contributions to the marriage.

Our attorneys work with our clients to evaluate the assets that may be considered when going through a divorce, such as:

  • Real estate property, including primary residences, vacation homes, and investment properties
  • Bank accounts, stock options, and retirement accounts
  • Family vehicles
  • Household furniture, artwork, and antiques
  • Family businesses

There are some instances where assets may be excluded from property division because they are non-marital property that is solely owed by one party. Exemptions to marital property distribution include:

Determining how to distinguish between marital and non-marital property is not always easy, especially when assets owned by one spouse have been used by both parties and become commingled with marital assets. Our attorneys can perform a financial analysis and trace the source of different assets, ensuring that a spouse will be able to continue owning their non-marital property and that both parties will have sufficient financial resources.

Property Distribution in Illinois

Couples going through the divorce process can often benefit from resolving their issues amicably through mediation or by negotiating settlements outside of court. We encourage our clients to save themselves money by not going to trial. However, we understand that an agreement is not always possible. Our experienced civil litigators are prepared to protect your best interests and represent you in court if you are unable to reach agreements through other methods. Whether we stand with you in a mediation conference or before a judge at trial, we are here to aid you with complex property division matters.

Contact Our Kane County Property Distribution Lawyers

If you need assistance equitably splitting your assets or property in a divorce, contact the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. We help clients with all types of family law matters, including divorce, child custody (allocation of parental responsibilities), child support, parenting time (visitation), spousal maintenance, and more. Call 630-665-7300 to schedule an initial consultation. We offer evening and weekend hours by appointment for your convenience. We serve clients in Kane County, including St. Charles, Elgin, Geneva, Aurora, Batavia, Elburn, and Barrington Hills.

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