Deciding to divorce is not easy, but once you make that decision, some necessary information may benefit you in the long and short run. While every divorce is unique, Illinois law sets out the foundational way the court will handle your proceeding.
It is helpful to learn more about how a judge divides assets and whether the court will care if your spouse is more at fault for your divorce than you.
How do courts divide assets?
You will provide an accounting of the marital assets and debts so that the court can calculate your marital net worth. While a few states still divide things straight down the middle, a majority follow Illinois’s practice of splitting things in an equitable way. This means that the division of assets may depend on any or all of the following:
- Each spouse’s separate property value
- Whether one spouse left the workforce or worked less to care for children
- The contributions of each spouse to the marriage workload
- The length of the marriage
Once the court considers a fair divide between the parties, it will distribute assets and divide debt accordingly.
What if your spouse caused the divorce?
If you are dealing with a spouse who may have contributed to the failure of the marriage by either pulling away, acting out sexually with someone else or through some personal crisis, it may not matter to the court. Illinois is a no-fault state, so when you file for divorce, you do not need to state the reason for it. However, some judges will consider your spouse’s behavior if it adds unnecessary debt or places children in a dangerous situation.
Moving forward with a divorce is a choice that only you know is right to make. Doing so with a handle on how certain elements work may help ease some of your anxious thoughts.