Practice Areas
- Property Division
- Divorce
- Child Support
- Family Law
- Domestic Violence/Domestic Relations
- Modifications & Enforcement
- Maintenance/Alimony
- Collaborative Law
- Child Custody & Visitation
FAQs
Contact Us
Bennett Law Firm, LLC
1200 Harger Road
Oak Brook, Illinois 60523Phone: (630) 573-8800
Fax: (630) 573-9810We are available during the day, M-F, and have limited availability on weekday evenings and Saturdays by appointment.
Please Note
Effective September 1st, 2010,
we are changing our location to:
2015 Spring Road
Oak Brook, Illinois 50623
Five Most Common Misconceptions About Property & Divorce
If you are considering a divorce, you may be surprised by these common misconceptions. Please take a moment to review them.
Myth One: "I will get a greater share of property if my spouse is guilty of adultery or other misbehavior that constitutes grounds for divorce."
Reality: The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides for division of property without regard to marital fault. Illinois still retains 12 grounds for divorce, however, the most recent and most often-used is "irreconcilable differences." The statute requires a showing that irreconcilable differences have caused the irretrievable breakdown of the marriage, that efforts at reconciliation have filed, or that future attempts at reconciliation would be impracticable and not in the best interest of the family.
Myth Two: "The IMDMA requires courts to divide marital property 50-50."
Reality: The IMDMA does not require an equal division of marital property; it requires a just division. Courts often award the economically disadvantaged spouse a greater share of the marital estate.
Myth Three: "The marital estate should be valued when the parties separated or when the petition for dissolution was filed."
Reality: The value of the marital property is typically measured on the date of the entry of the Judgment for Dissolution of Marriage, not at the time of physical separation or when the petition for dissolution was filed.
Myth Four: "The stock is in my name, so I'll get it in the divorce."
Reality: As previously stated, the court divides the marital assets in just proportions upon dissolution without regard to which spouse holds title, unless the property is classified as non-marital.
Myth Five: "My spouse inherited property during the marriage in his/her name alone. I will be entitled to my share of it when we divorce."
Reality: Section 503(a) of the IMDMA identifies and awards non-marital property to the party owning it as long as it has not been transferred into co-ownership with the spouse. Inherited property owned individually is not marital property, so you may not be entitled to your spouse's inherited property.
Extracted from "The Real Estate Lawyer's Divorce Primer (and the Divorce Lawyer's Guide to Real Estate," by Margaret A. Bennett, Illinois Bar Journal.