QUESTION

What are the rights of the person asking for the divorce when it comes to the marital assets accrued over time?

Asked on Aug 17th, 2015 on Divorce - Illinois
More details to this question:
My mother moved out and is trying to keep my father from using the boat they own while the divorce is being processed. Is she able to do that?
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1 ANSWER

Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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Hello, Anonymous. Probably not. Assuming the boat is marital property (which it likely is, but I can't say with any confidence without more information), then they both have equal rights and access to the boat. As long as your father isn't doing anything wasteful with it that would damage its value or waste marital resources (i.e. money) needlessly, then he can likely use it as he sees fit. So can your mother if she wants to. Again, this is assuming it is truly marital property. It doesn't matter who filed for divorce and who is the one responding. Illinois is a no-fault state, and the courts are not concerned with who did what and who caused the divorce. The rights are fundamentally the same. I hope this helps.
Answered on Aug 18th, 2015 at 3:05 PM

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