Law Firm of Wendy R Morgan

- DIVORCE & LEGAL SEPARATION INFORMATION -_

In dissolution of marriage and legal separation, there are basic issues that have to be resolved either through settlement or by trial. These basics include:

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- Grounds for dissolution of legal separation
- Property issues include real and personal
- Custody of children and visitation schedules
- Spousal maintenance
- Child support
- Attorney’s fees
- Temporary Provisions (support and custodial)
- Settlement
- Jurisdiction and Enforcement of Judgments

- PROPERTY -

There are two types of property: marital and non-marital
Marital property includes all possessions and assets acquired by either party during the marriage but generally excludes the following non-marital property
a) Gifts
b) Inheritances
c) Items or money excluded by agreement of both parties
d) Anything owned before the marriage, not commingled with __marital property or placed in joint tenancy with the spouse.

The State of Illinois is not a "Community Property" State. Illinois is an equitable division state. Determination of division of marital property is based upon the weighing of (12) specific factors set forth in Section 503 of the Illinois Marriage and Dissolution of Marriage Act including the following: 1) The contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non marital property, including the contribution of a spouse as a homemaker or to the family unit;2) The dissipation by each party of the marital or non marital property;3) The value of the property assigned to each spouse;4) The duration of the marriage;

5) The relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;

6) Any obligation and rights arising from the prior marriage of either party

7) Any pre-nuptial or ante nuptial agreement of the parties

8) The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties

9) The custodial provisions for any children

10) Whether the apportionment is in lieu of or in addition to maintenance

11) The reasonable opportunity of each spouse for future acquisition of capital assets and income; and

12) The tax consequences of the property division upon the respective economic circumstances of the parties.

Call 24/7
Locally - 847-259-5700
or
Toll Free - 1(800) WR MORGAN / 1(800) 976-6742
for more information

- Office Hours 8:30 am to 5:30 pm CST -

- Evening Appointments Available -