Lisle is an affluent suburb of Chicago that has been rated as one of the 100 best places to live and one of the best places to be rich and single. In 2010, the mean household income in Lisle was over $100,000, which is much higher than the mean household income throughout the rest of the state. There are over 20,000 people in Lisle, making up over 9,000 households. The households of Lisle are almost equally divided between married and non-married people. Since many residents are comfortable financially, they may wish to protect their assets in the event of a divorce, or they may need the assistance of an attorney in determining how other family law issues may affect them financially. If you need help with a family law issue, it is essential to consult a Lisle divorce lawyer with the knowledge and skills required to help you seek a successful result. At Kollias & Giese, P.C., we can help you protect your assets before entering a marriage and, in the event of a divorce, can work tirelessly to help you seek a division of property that is equitable and fair.Prenuptial Agreements
Prenuptial agreements allow parties to clarify certain financial issues prior to a marriage so that, in the event of a divorce, the manner in which to divide assets and debts is not contested. Prenuptial agreements can define certain property as separate property and can define how any debts or assets accrued during the marriage will be divided. A prenuptial agreement cannot modify either party’s rights or obligations with regard to parenting responsibilities or child support, but it can contain provisions regarding spousal maintenance. If your future spouse or you have significant assets, it may be wise to consult a knowledgeable divorce attorney in the Lisle area to discuss whether a prenuptial agreement is something that you should consider.Division of Property Following a Divorce
In divorce actions in which the parties do not have a prenuptial or postnuptial agreement, marital property will be divided equitably. First, the court must determine which property is separate and which is marital. Under Illinois law, marital property is defined as all property that either spouse acquires during the duration of the marriage, with some exceptions. Marital property includes income and debt but does not include property obtained via a gift, legacy, or descent. Retirement funds and pensions earned during the marriage are marital property, but any funds earned prior to the marriage are separate. In some cases, such as when an asset contains both marital and separate property, a party may dispute the nature of the property. If a party argues that the property is separate, they must produce clear and convincing evidence of the separate nature of the property.
Once any marital property is identified, the court will distribute the property equitably. Our Lisle divorce attorneys can help clients advocate for a distribution that would be equitable. This does not require the court to divide the property equally; instead, it means that the court will distribute the property in a manner that it deems fair. The court will not consider any marital misconduct, such as adultery, in determining how property should be divided. The court does consider many other factors, however, including each party’s contribution to the marital property, the earning potential of each party, the duration of the marriage, and whether the allocation of property is in lieu of or in addition to any spousal maintenance granted by the court. If you are considering filing for a divorce, a skilled divorce attorney can help you assess what constitutes marital and separate property.Consult a Capable Family Law Attorney
In many divorce cases, one of the most contentious issues is the manner in which property should be divided. If you need legal help with a family law dispute, it is vital to seek the assistance of a capable divorce lawyer in the Lisle area who can aggressively advocate on your behalf to help you seek a successful result. At Kollias & Giese, P.C., our seasoned family law attorneys will work diligently to help you pursue your desired result in a professional but assertive manner. We can be reached at (630) 407-1200 or through the online form to schedule a meeting to discuss your case.