How Can I Protect My Property in a Divorce in Illinois?

 Posted on December 31, 2024 in Divorce

When things turn bitter between you and your spouse, you might have pressing concerns about what will become of your property and other assets, especially if you do not have a clear claim to it as separate property. Before you make any big financial decisions, you should consider working with a Plainfield, IL divorce attorney who can help you secure your rights to property.

At Law Offices of Tedone and Morton, P.C., we are well-versed in property division, and we can act as aggressive negotiators on your behalf to help keep your possessions in an imminent or ongoing divorce.

Pre- and Postnuptial Agreements

Sometimes, the best way to address a problem is to take care of it early on. A prenuptial or postnuptial agreement can outline specific terms for the division of property and assets in the event of a divorce. Although you may feel like signing one of these agreements is akin to planning for a divorce, it may be better to think of it as accounting for a possibility rather than an eventuality.

With a prenup or postnup in place, you can enjoy some peace of mind knowing exactly what will become of your assets in the dissolution of your marriage. Law Offices of Tedone and Morton, P.C. can help you draft these documents and make sure that the terms will hold up to a judge’s scrutiny.

Negotiating in Mediation

If you and your spouse have decided to go through with a divorce, then mediation can provide you with the opportunity to work out an agreement regarding the division of your property. Mediation is overseen by a third-party conciliator who will keep the discussion on track with minimal hostility between you and your spouse.

If you are willing to compromise on certain fronts, you may be able to work out a favorable division of property without burying yourself in legal fees. At Law Offices of Tedone and Morton, P.C., our attorneys can advise you prior to mediation and represent you during the process, making sure that you are prepared to advocate for your own rights.

Court Litigation

If there is no other way to resolve the issues between you and your spouse in a divorce, litigating the divorce in court may be one avenue to protect your assets. However, note that a protracted courtroom battle may end up costing you more than what your property is worth, and as such, litigation is best treated as a last resort. Nonetheless, our attorneys are more than prepared to advocate for your rights to your property, with over 20 years of litigation experience behind us.

Meet With a Plainfield, IL Divorce Attorney Today

The uncertainty around property during a divorce can be a persistent source of stress. A Will County, IL divorce lawyer can help relieve these fears, helping you protect your assets during the dissolution of your marriage. When you work with the Law Offices of Tedone and Morton, P.C., our attorneys will stand up for you at the negotiation table and in the courtroom. To schedule a free consultation today, call our offices at 815-666-1285.