Property Division Attorney in Naperville, Illinois

In Illinois divorce, the characterization of property can complicate the divorce process, particularly if there are significant assets or business interests that are to be classified and divided. At the Naperville, Illinois, law office of Roscich & Roscich, our attorneys are dedicated to helping clients resolve complicated property division issues in a manner that is fair, amicable, and affordable.

Illinois Property Division

Under Illinois property division laws, all marital property is to be divided equitably — fairly — in the event of divorce. Equitable distribution does not necessarily mean equal. Absent a prenuptial agreement or negotiated marital separation agreement, the court will use many factors to determine the fair division of marital assets and debts.

As skilled divorce attorneys with more than 35 years of experience, we have the capacity to provide quality, effective legal advice and counsel in matters involving the division of property and marital debt, including:

• Characterization of property as separate or marital assets
• Examination of non-marital property for potential co-mingled interests
• Valuation of business interests
• Uncovering undisclosed or hidden assets
• Dividing retirement plan benefits using a qualified domestic relations order (QDRO)
• Negotiation of property distributions in lieu of spousal maintenance, when relevant

What Property Can Be Divided in Divorce?

All marital assets — cars, real estate, personal property, bank accounts, IRAs or investment funds, and other marital property — are subject to distribution in Illinois divorce. However, non-marital property — separate inheritances, gifts, or separate property that was brought into the marriage — is not subject to distribution as long as it can be demonstrated that such property was kept separate throughout the marriage. However, appreciated value of non-marital property may be characterized as marital property.

Negotiating Property Division Agreements

We strongly believe in utilizing divorce mediation and other methods of alternative dispute resolution to obtain solutions to property disputes, whenever possible to reduce the emotional trauma and expense associated with a contentious battle. However, we have the experience and perseverance to advocate for your interests in trial when necessary.

BECAUSE YOUR FUTURE DEPENDS ON IT, CALL 630-355-5222

To schedule your initial consultation.