Arlington Heights Property Division Attorneys
Arlington Heights Property Division Lawyers Attorneys at Sterling Lawyers, LLC
Jacqueline N. McClellan
Lea C. Diaz
Nina Kelly
Jeff Hughes
Alexandra Isroff
Cynthia Toscano
Katie VanDeusen
Reyna Herrera
Ryan Shope
Samantha Witting
Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.
About Sterling Lawyers in Arlington Heights
Whether your biggest worry is the house, a retirement account you have paid into for twenty years, or debt you did not know existed, property division starts with one question that shapes everything else: what is marital and what is not. In Illinois, marital property generally means everything either of you acquired during the marriage, including debts, no matter whose name is on it, while property you brought into the marriage, gifts, and inheritances are usually non-marital.[1] Each spouse keeps their non-marital property, and the court divides the marital estate in just proportions, which is not the same as an automatic fifty-fifty split, without regard to marital misconduct.
When you work with an Arlington Heights family law lawyer at our Salt Creek Lane office, we start by building the inventory: every account, property, and debt, when it was acquired, and how it was paid for. Then we line up the values the court will work from, bringing in appraisers or valuation professionals where an asset like the house, a pension, stock options, or a family business needs one, because Illinois values property at fair market value as of the trial date or another date the parties agree to or the court sets. Arlington Heights cases are heard in Cook County, and when the numbers are disputed, the judge can bring in financial professionals of its own.
For how Illinois divides property statewide, start with property division in Illinois.
Why Arlington Heights Clients Choose Sterling Lawyers
Fixed Fees, Quoted Before You Sign
This is what most people call about, so here it is plainly. We do not bill by the hour. Before you sign anything, you get a fixed fee quoted for your case, and research, phone calls, emails, the drive to court, and the time your attorney spends on your file are covered by it.
That matters in a property case, because the work is document-heavy. Statements get requested, values get challenged, and an account from before the marriage suddenly needs tracing. Asking your attorney about any of it does not add to your bill. Our Illinois pricing page shows how our paths are priced, and we walk you through what your quote includes before you commit.
Family Law Is the Only Thing We Practice
No real estate closings, no estate plans, no criminal defense. Divorce, parenting, support, and property cases are all we do. In a property case, that shows up in the details that move money: a house you owned before the marriage and later put in both names, an inheritance that went into the joint checking account, or restricted stock that will not vest until after the divorce.
Straight Answers, Including the Hard Ones
If an asset is worth less than what it would cost to fight over it, we will tell you. If an asset you assumed was yours alone is likely to be treated as marital, we will tell you that early, while you can still plan around it. A realistic picture of the estate is worth more than a hopeful one.
Want to get organized before you call? Our Illinois property division worksheet walks you through listing assets and debts, and you can bring it to the consultation.
We also match the path to the situation. If the two of you mostly agree on who gets what, an uncontested or mediated path costs less than a contested trial. If you do not agree, we prepare the case for a judge. And if you would rather handle the case yourself with an attorney checking your work, our Legal Coaching path is built for that.
Talk to an Arlington Heights Property Division Lawyer
Whether you are dividing a house and a couple of accounts or a business and a stock portfolio, the first conversation is about what you actually own and owe. Book a consultation with Sterling Lawyers and we will match you with an attorney from this office.
Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.
Frequently Asked Questions
Who gets to stay in the family home after we divorce in Arlington Heights?
There is no automatic answer. The court first decides whether the home is marital or non-marital. A home one spouse owned before the marriage is usually that spouse’s non-marital property, but putting it in both names later creates a presumption that it became marital. Even when the home stays non-marital, the marital estate can be reimbursed for contributions like mortgage payments made with marital money, if those contributions can be clearly traced and were not a gift. If the home is marital, it is divided along with everything else, and one factor the court weighs is the desirability of awarding the home, or the right to live in it for a reasonable period, to the spouse the children primarily live with. In practice, one spouse keeps the home and buys out the other, or the home is sold and the proceeds are divided, and the court can order a sale.
How are retirement accounts handled in property division?
Pensions, 401(k)s, IRAs, and other retirement benefits earned during the marriage are presumed to be marital property, even if only one spouse’s name is on the account. The portion earned before the marriage can be non-marital. Private employer plans are usually divided with a qualified domestic relations order, and Illinois public pensions, like those for teachers or municipal employees, are divided with a Qualified Illinois Domestic Relations Order and valued using the retirement system’s own procedures.
Does adultery or marital misconduct affect property division?
Not directly. Illinois divides marital property without regard to marital misconduct. Where an affair can matter is money: if one spouse spent marital funds for their own benefit on purposes unrelated to the marriage while it was breaking down, the court can weigh that as dissipation, as long as the claim is raised in a formal notice before trial and falls within the statute’s time limits.
What documents should I bring to my first meeting?
Bring deeds and mortgage statements, bank and brokerage statements, retirement and pension statements, stock option or restricted stock grants with their vesting schedules, recent tax returns, and business tax returns and financial statements if either of you owns a business. Add loan, credit card, and vehicle records, any prenuptial or postnuptial agreement, and anything that traces money from before the marriage or from a gift or inheritance. In Cook County, most of this ends up in the Financial Affidavit each side completes, which the court treats as a mandatory disclosure in cases involving property.[2]
Can the property division be changed after the divorce?
Generally, no. Unlike child support, and unlike most maintenance awards, the property terms of a judgment cannot be modified later, and they can be reopened only if the court finds conditions that would justify reopening a judgment under Illinois law, which is a narrow path.[3] That is why the inventory and the values matter so much the first time. Enforcement is a different matter. If your judgment includes a settlement agreement, its terms can be enforced by any remedy available for a judgment, including contempt.[4] The court can also order marital property sold to carry out its judgment.
Sources
[1] 750 ILCS 5/503, Disposition of property and debts | https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm
[2] Rules of the Circuit Court of Cook County, Part 13, Domestic Relations Proceedings (Rule 13.3.1) | https://www.cookcountycourtil.gov/part-13-domestic-relations-proceedings
[3] 750 ILCS 5/510, Modification and termination of provisions for maintenance, support, educational expenses, and property disposition | https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k510.htm
[4] 750 ILCS 5/502, Agreement | https://ilga.gov/documents/legislation/ilcs/documents/075000050k502.htm
