Will the Property be Split 50-50 in My Chicago Divorce? Learn about Illinois Division of Property Laws and Chicago Divorces Here

One of the things that may surprise individuals and couples in Chicago that are seeking out a divorce is that the laws of each state in the United States may differ when it comes to how to divide property between soon-to-be ex-spouses in a divorce case. While some states are community property states, other states follow an equitable distribution system, and the two systems, while they both aim to be fair to both parties involved, are not quite the same. Some Chicago couples who are contemplating a divorce, or who are currently seeking one, may wonder if their property will be split “50-50” with their soon-to-be ex-spouse, or if there is some other division that they will see in their case. To help Chicago couples and individuals who are facing the complex Chicago divorce process better understand how property division works in Chicago divorce cases, we discuss how Illinois division of property laws work, and where you can turn for legal help with your Chicago divorce case here.

Community Property vs. Equitable Distribution: What is the Practical Difference?

At the outset, it is important for individuals and couples in Chicago to understand the difference between community property states and states that follow an equitable distribution system. A minority of states follow the community property approach. In community property states, the aim of the court is to first categorize property as marital property or non-marital property, and then to divide marital property up with a view to making a 50-50 split between divorcing spouses. States that follow this approach include, but are not limited to, Arizona, California, Nevada, Louisiana, and Washington State.

Equitable Distribution: Equitable But Not Necessarily 50-50? 

In equitable distribution states, on the other hand, the divorce court considers a number of factors with the aim of dividing property in the marriage equitably, but not necessarily equally. Judges in equitable distribution states view the division of property through a lens of “fairness” when dividing up marital property. The majority of states in the United States follow the equitable distribution system. This includes Illinois. Accordingly, it is important to have an experienced Chicago divorce lawyer on your side in your case to ensure that you are getting what is due to you under Illinois marriage and divorce laws.

Getting Legal Help with Your Chicago Divorce Case – Chicago Divorce Lawyer

If you are in the Chicago area and you need legal help with your Chicago divorce case, contact the experienced Chicago divorce lawyers at the law firm Arnoux Sharma Standeford, LLC. The experienced Chicago divorce lawyers at Arnoux Sharma Standeford, LLC are here to help individuals in Chicago navigate the complex and challenging Chicago divorce process, including the division of assets and property in their divorce cases. Do not hesitate to reach out to an experienced Chicago divorce lawyer about your case today. Contact Arnoux Sharma Standeford, LLC and speak to a lawyer about your case now.