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Dividing the Wedding Gifts in a Dissolution of Marriage
When parties are married, if they receive wedding gifts, there may be a question as to how to divide those wedding gifts upon the dissolution of marriage.
If the wedding gift was solely given to one of the parties, but not both, and if that was the intent of the donor, then it may be non-marital property of the donee.
If property was given by donor, with the intent that the donee be both parties getting married, such that both parties were donees, then said gift may be non-marital property owned by both donees, since same was acquired prior to marriage and not as a result of being earned or accumulated during the course of the marriage.
In any event, there may be a presumption that the gift, if non-marital, to both donees, may be owned 50% by each donee as the date of the gift, either in-kind or as a matter of value if same cannot easily be divided.
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In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
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