Legal Question in Family Law in Illinois

Illinois property in both names acquired during marriage

1 party asked for divorce 3 yrs ago-spouse was not working with alcohol problem so did not proceed, now a recovering alcoholic and working. Does it matter if either party had relationship with another person during the marriage, left the residence although visits residence frequently as elderly father remains in the home. No children involved-1 spouse has higher income than other- 1 spouse lives in residence other out of state. Is all property legally 1/2 each person on title no matter reason for filing for divorce?


Asked on 6/30/08, 9:26 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Illinois property in both names acquired during marriage

Hello. Illinois is very close to being what is called a "no fault" state when it comes to divorce issues. In other words, when it comes to dividing property and determining financial obligations the divorce judge in Illinois generally will not consider marital misconduct as a basis for his/her decisions. I will be happy to answer any additional questions that you may have.

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Answered on 7/01/08, 12:36 am


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