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Marital Versus Non-Marital Property in St. Clair and Madison County Illinois Divorce Cases
In Madison and St. Clair County Illinois divorce cases as well as in counties throughout the State of Illinois, Illinois is an equitable distribution state.
This means that unless a settlement is reached in regard to dissolution of marriage proceeding and if matters are ruled upon by the Court, the Court will take into consideration non-marital property in regard to awarding or dividing marital property.
Non-marital property can mean property acquired before the marriage or property with respect to which each party came into the marriage, or before the date of the marriage.
Marital property can mean assets, or property rights, acquired an/or accumulated by the parties after the date they were married.
As an equitable distribution state in arriving at a decision as to how to aware marital property, the presiding Court can take into consideration, among other factors, the non-marital property that each party came into the marriage with, which, may or may exist as of the date of the Judgment of Dissolution of Marriage.
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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