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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.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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