Naperville, IL Property Division Lawyers

Trusted Property Division Lawyers Representing Clients in Naperville, Illinois

During your divorce, you might be worried about which property you will keep and which you will have to part with. This can lead to disputes between you and your spouse, and if you are not careful, the matter could escalate to trial. With the help of a Naperville, Illinois asset division attorney, you can draw a line between your separate property and negotiate for a favorable share of marital property.

At Fay & Farrow, we have decades of legal experience, having guided numerous clients through contested divorces, including high asset divorces. Our attorneys will inform you of your rights and work toward an efficient resolution on your behalf.

What Illinois Law Says About Marital Property

In Illinois, courts treat most assets acquired during marriage as marital property. Marital property includes wages earned by either spouse, retirement benefits accumulated after the wedding date, and any increase in the value of a business or professional practice during the marriage. Property brought into the marriage by one spouse generally remains separate, but any funds or effort invested into that asset after marriage can convert it into marital property.

Spouses have a duty to disclose all assets and debts. Full financial transparency is required to prevent one party from hiding property or undervaluing an interest. The court will review bank statements, account ledgers, and appraisals to ensure a complete inventory of marital assets. Effective documentation and early financial planning help protect separate property and guide fair division.

The Benefits of Negotiating for Property

Negotiation for property offers couples greater control over the outcome. When spouses negotiate directly or through mediation, they tailor asset division to meet their unique needs. This process often preserves harmony, reduces cost, and shortens the time required to finalize a divorce.

Our seasoned family law attorneys help clients develop negotiation strategies focused on long-term stability. We identify priorities such as retaining the family home, safeguarding retirement funds, or dividing investment accounts. Having an attorney negotiate on your behalf ensures that you understand the strengths and weaknesses of your position and avoid leaving value on the table.

Negotiated settlements also foster privacy. Court proceedings can expose personal financial details and sensitive business information. By reaching an agreement outside of court, spouses maintain confidentiality while crafting a division plan that aligns with their lifestyle and future goals.

What Equitable Distribution Means in Naperville Divorces

Illinois follows the principle of equitable distribution when dividing marital property. Equitable does not always mean equal. Instead, courts consider a range of factors to arrive at a fair outcome. These factors include each spouse's income and earning potential, the length of the marriage, and contributions to marital property.

In Naperville divorces, judges examine the standard of living established during the marriage. They also assess any dissipation of assets, such as spending substantial funds on a third party or hiding assets to avoid dividing them. The courts can also recognize non-financial contributions to the marriage, like tending to the house or taking care of children.

When you work with our firm, we will prepare a detailed financial affidavit and present evidence to show how these factors apply to your case. Seeking legal guidance can help you highlight relevant contributions and challenge any claims of dissipation. When disputes arise, having an advocate familiar with DuPage County courts and the applicable laws can be hugely beneficial.

Contact a Naperville, Illinois Property Division Attorney

Facing property division can feel overwhelming. We take time to understand your unique circumstances and build a strategy designed to protect your most important assets. Call 630-961-0060 or contact our Naperville, Illinois property division attorneys at Fay & Farrow to set up a free consultation.