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IL family law lawyerAt Aldrich & Siedlarz Law, P.C, we are so proud to announce that Attorney Marlene E. Siedlarz has been recognized for her volunteer work. Each year, the DuPage Legal Aid Foundation recognizes attorneys dedicated to helping individuals in need and Attorney Siedlarz has been awarded for the year 2021. For years, she has used her in-depth knowledge of the law to help those in need. Today, she focuses on family law, helping families through issues such as child custody, grandparents’ visitation rights, and more.

About the DuPage Legal Aid Foundation

The DuPage Legal Aid Foundation was founded in 1975 and since that time, has been committed to helping clients in need by offering pro bono services. To do this, the Foundation relies on support from DuPage County, the State of Illinois Lawyers Trust Fund, the Eighteenth Judicial Circuit, and the DuPage County Bar Association, along with other sponsors and donors.

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IL divorce lawyerWhen legally ending a marriage in Illinois, couples are required to divide their marital assets in an equitable manner. This makes the determination of whether an asset is marital or separate extremely important, so if you and your spouse are contemplating divorce and you have questions about whether you will need to share a certain asset, it is important to speak with an experienced Lombard, IL property division lawyer who can help you.

Separate vs. Marital Property

In Illinois, the date of a couple’s marriage is usually used to differentiate between the separate and marital assets of two parties. Generally, anything that one spouse owned before marriage will remain his or her property even in the event of divorce. On the other hand, anything purchased or acquired after a marriage takes place, whether by one spouse or by both spouses together, is considered marital property and must be divided in an equitable manner.

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IL divorce lawyerFor many couples, the family home is their most valuable asset, which can make deciding the fate of that residence especially complicated in the event of divorce. Fortunately, couples do have a number of options when it comes to deciding who gets the family home in the divorce, options that will depend largely on a specific set of questions, so if you and your spouse have decided to end your marriage, you should speak with an experienced property division lawyer in Lombard, IL who can evaluate your circumstances and advise you accordingly.

Is the Home Marital Property?

One of the most important questions that divorcing couples must address when going through the property division process is whether their home qualifies as marital property. Under Illinois law, a couple’s property is only subject to equitable distribution if it was acquired after the marriage took place. Otherwise, the asset will be considered separate property and remain in the sole possession of the original owner.

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IL divorce lawyerIt is important, when going through the divorce process, to be as thorough as possible when addressing things like property division, alimony, and child custody, which includes considering one’s future needs. Unfortunately, even parties who use the greatest care could end up overlooking an important matter. In other cases, one of the parties could undergo a significant life change that makes their current divorce agreement unworkable. In these cases, the party in question can seek a post-judgment modification, although doing so can be a complicated and time-consuming process, so if you have questions about changing a parenting plan, alimony agreement, or property settlement, you should speak with a DuPage County, IL divorce attorney who is well-versed in post-decree modifications and enforcement.

Modification Options

Divorce decrees are legally binding orders, so courts are generally wary of modifying their terms. In fact, in some cases, it just isn’t possible to change a decree at all. Illinois judges do, however, recognize that some things are out of our control, or that a person’s circumstances could change after a certain amount of time has passed. A child support arrangement that made sense even a few years ago, for instance, may become obsolete or unworkable, in which case, a court may be willing to review and change the terms of the agreement. In any case, there are really only two ways to modify the terms of divorce-related agreements: by agreement or court order.

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IL divorce lawyerFor many people, a home is not just the place where they live and form memories, but is also a valuable asset, which makes addressing ownership of these properties particularly important during divorce proceedings. Unfortunately, deciding who, if anyone, will retain the family home upon divorce can be difficult, especially when both parties have an emotional attachment to the residence, so if you are contemplating divorce and you own your home, it is important to contact an experienced Lombard, IL property division lawyer who can help protect your interests.

Dividing Marital Property

One of the first things that a divorcing couple should address when deciding the fate of the family home, is whether the residence actually qualifies as marital property. This is an important assessment, as it is only marital assets, or assets that were acquired by either party after the marriage took place, that will be subject to equitable division upon divorce. Generally, those who bought their home with their spouse won’t have to worry about this requirement, even if only one party’s name is on the deed. If, on the other hand, a person or his or her partner purchased the home prior to marriage, it could constitute separate property, which would mean that it would belong to the original owner exclusively upon divorce. The only exception to this rule applies in cases where both parties helped contribute to the home’s upkeep during the marriage. In these situations, the asset could be considered commingled and so the property of both parties to some degree.

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phone630-953-3000
fax844-272-5935
address2200 S. Main Street, Suite 317, Lombard, IL 60148
hoursEvenings and Weekends by Appointment