Who Gets What? The FindLaw Guide to Divorce and Property Division

You should've listened to the crusty old man masquerading as Kant when he handed out unwanted and unhealthy life advice like popsicles out of a paneled van. "Don't worry, things will get worse." "Expect the worst, you'll never be disappointed." And y'all definitely should have listened to us when we advised that a prenuptial agreement was the way to go.

So now, you're getting divorced. And you're fighting over the $1,200 Kirby vacuum cleaner. (Who needs a $1,200 vacuum cleaner? No one, but that's not the point.) You bought it, and it was never used.

Anyway, forget the vacuum cleaner. And the array of Craftsman tools in the garage that you've never used. Look at the bigger picture. You've accumulated a lot of assets over the past few years. Who's taking what? Who gets the house?

The FindLaw Guide to Divorce and Property Division will give you at least a general idea of where the process is headed. For example, if you're in a community property state (such as California, Texas, or Wisconsin) the property acquired during the marriage is split 50/50. If you're in a separate property state (the other 40, including Illinois) then you'll beg a judge for your own belongings under "equitable distribution."

That's life. The good news is, the Craftsman ratchet set that you purchased pre-biggest-mistake-of-your-life will remain yours, as pre-marital property is considered the separate property of the original owner.

For more information, hit the guide and FindLaw.com's Family Law section. Better yet, continue to read this blog, as we cover the Illinois laws that rule everything from wedding ring return rules to what religion your child will follow post-split.

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