Legal Question in Family Law in Illinois

My wife and I are having martial troubles and I am just curious how much I would have to invest in a divorce. We have a home with a mortgage that is under water, debt of student loans and medical bills, but no children. I have a pension through my job, do I stand to lose that in a divorce? Should we file bankruptcy then file divorce? Lost, need help.

Asked on 6/28/13, 11:32 am

1 Answer from Attorneys

Conor Malloy Malloy Law, LLC

As far as the divorce cost: That is an extremely difficult question. If you and your wife can sit down and hash things out together, then it could be less. If you decide to fight over different assets and remedies, perhaps more.

Concerning your pension: In divorce, there are not many "automatics." While your wife may be entitled to the marital portion of your pension, it does not mean she'll necessarily get 50%. You can always negotiate. That's when a lawyer may be able to help.

Lastly, the bankruptcy: I don't do bankruptcies, but the filing time is a judgment call. Also, depending on what type of student loans you have, the court may not be able to discharge those.

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Answered on 6/29/13, 3:21 am

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