Marital Property is property that a divorce court has jurisdiction to distribute between the spouses. Non-marital property is property of one of the parties only, and a divorce court cannot decide what to do with non-marital property: it is the property of it’s owner, period. How to distinguish marital from nonmarital property?
All. That’s the short answer, but also a nearly complete answer. If you are considering a divorce in Illinois, or a premarital agreement or a postnuptial agreement, you can mediate. You can mediate all prenuptial agreement issues. If you are married and trying to save a marriage or protect assets, you can submit all postnuptial agreement issues to mediation.
So you are lucky enough to have recognized, and have a spouse/ex-spouse or partner that has recognized, mediation as the best way to resolve your conflict. Whether your mediator is in Chicago or suburban Cook County, or DuPage or elsewhere in Illinois, you will want to come to mediation prepared.
