Property Division

Dividing Marital Assets

Emily J. Kelly, Wheaton, Illinois, Divorce Attorney

Unfortunately, marital property division is not a simple task. There are many legal considerations, and without the advocacy of a qualified divorce lawyer, you could be shortchanged in the process.

The Law Office of Emily J. Kelly in Wheaton, Illinois, represents men and women of DuPage and Kane Counties. I employ my 18 years of legal experience to ensure my clients are fairly treated in the equitable division of assets. I can help design a creative, workable settlement or vigorously defend your interests at trial.

Free 30-Minute Consultation: (630) 221-0100

Property Division in an Illinois Divorce

When you meet with me to plan your divorce or respond to a spouse's filing, I will take the time to educate you about Illinois law as it applies to your individual situation.  My job is to value assets accurately and see to it that your best interests are preserved in any property division agreement.

Disputes usually hinge on the status of assets as separate property, which belongs to only one spouse, or marital  property, which is subject to division. I am knowledgeable about the "gray areas" in the division of real estate, retirement savings, and other assets. If you used your family inheritance or other separate property in buying a home together, the court may consider your contribution "commingled" into the estate.

The Big Picture vs. the Forks and Spoons

Divorce is emotional, and it is easy to descend into squabbles over possessions with more sentimental (or revenge) value than intrinsic monetary value. I help clients look at the entire estate and determine (a) what is most important to you personally and (b) what is in your best financial interests. A portion of your 401(k)? Assuming the credit card balances? We will discuss all the options and develop appropriate strategies.

To receive your fair share of assets, you need a reliable accounting of their worth at the time of divorce. Using experts as necessary, I am experienced in the accurate valuation of:

• Closely held businesses and professional partnerships
• The home and other real estate (including out-of-state property)
• Retirement funds (including teacher or government pensions)
• Stocks, stock options, and executive compensation
• Cars, jewelry, heirlooms, art, and furnishings

Spousal Support (Alimony)

I can advise you as to whether spousal maintenance is likely to be awarded by the court. It may be in your interests to negotiate spousal support as part of the property settlement, because judges have considerable discretion in granting it. I can give an estimate of how much alimony would be awarded and for how long, if at all. The court considers many factors, including length of the marriage, income disparity and earning capacity, age, and disabilities.

Compassion and Strength

I understand that divorce is a personal and emotional process, and fighting for your rights takes great energy. I offer clear, logical advice and emotional support, whether standing your ground in negotiations or protecting your interests in property division litigation. Call my Wheaton office at (630) 221-0100 for a free half-hour initial consultation. I accept Visa and MasterCard.