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How do you approach property division in a divorce case?

Our readers in Illinois know that, in a divorce case, they will need to address quite a few issues that can become contentious. Of all the issues involved in a divorce case, the one that will likely have the greatest impact on your financial situation for years to come is the property division process. So, how do Illinois residents approach this delicate issue in their own divorce cases?

Well, for starters, it is important to understand the approach that a family law court will take to the property division process because, unless the divorcing couple can reach an out-of-court agreement, a judge will decide how property is divided. A family law judge approaching a property division issue will determine what is "equitable" between the divorcing spouses. This means that a 50/50 split isn't necessarily how the property involved in the case will be divided. The judge will look instead toward what is fair.

It is also important to understand that property isn't the only thing that is divided up in a divorce; debt is too. So, if you and your spouse have outstanding debt such as, for example, credit card debt and car loans, those debts will be distributed between the divorcing spouses as well.

Lastly, if the divorcing couple can be civil enough, it may be possible to approach the property division issue in a divorce case through negotiations and even mediation. After all, it is the divorcing couple who probably have the best idea of who should have what - but there may be disagreements.

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