Generally, property division is final and cannot be modified after a divorce is finalized, except in rare cases involving fraud or undisclosed assets.
Understanding Property Division After Divorce
In Illinois, property division is typically considered permanent once the divorce decree is issued. Courts aim to ensure a fair division of marital assets and liabilities during the divorce process, making revisions unnecessary. However, exceptions exist if significant legal or ethical violations occurred during the original proceedings.
Legal Context for Property Division in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), property division is based on the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. Once finalized, these decisions are binding and not subject to modification.
Exceptions to Finality:
- Fraud: If one spouse concealed or misrepresented assets during the divorce process.
- Mistake or Misrepresentation: Errors in the division of assets may be grounds for reconsideration.
- Discovery of Hidden Assets: If new marital property is found after the divorce, the court may readdress its division.
Example Scenario:
If a spouse fails to disclose a significant bank account during the divorce, the other party can petition the court to revisit the division of assets.
Steps to Address Property Division Issues
- Identify Grounds for Reconsideration:
Determine if fraud, errors, or undisclosed assets justify revisiting the division. - Gather Evidence:
Collect documentation or other proof to support your claim, such as financial statements or testimony. - File a Motion:
Submit a petition to the court requesting a review of the property division based on the identified issue. - Attend a Court Hearing:
Present your evidence and arguments to the judge, who will decide if a modification is warranted. - Enforce or Adjust the Division:
If the court approves the modification, the property division will be updated accordingly.
How Attorneys Can Help
An experienced family law attorney can:
- Assess whether your case qualifies for a modification of property division.
- Help uncover hidden assets or address instances of fraud.
- Prepare and file the necessary legal documents.
- Represent you in court to advocate for a fair resolution.
Need Help With Property Division Issues?
Call (630) 366-1760 to consult with a family law attorney. We’ll help you navigate post-divorce property concerns and ensure your rights are protected.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
