Divorce can be a very emotional and stressful time for any couple. It is important to work with an experienced divorce lawyer who can help you understand your legal options and advocate on your behalf throughout the divorce process. While divorce is generally a last resort, there are many reasons why you may need to end your marriage. If you need to divorce, there are a few different ways that this can be handled in the state of Illinois. One of the most common ways to divorce is through a litigated divorce, which involves resolving disputes in the courtroom. However, the state of Illinois also highly encourages couples to use alternative dispute resolution methods, such as mediation and collaborative divorce. The use of a notice of lis pendens can be critical in cases where real estate is involved, ensuring that the property cannot be sold or encumbered without the issues being resolved first.
If a traditional divorce is the best option for you, it is important to prepare for the litigation ahead of time. Your attorney will need to obtain a complete understanding of your financial situation, including how much property you own and the debts you owe. Your attorney will likely need to interview you, your spouse and any witnesses to gather information on the outstanding issues. They will also need to file all the proper paperwork with the court, including the notice of lis pendens if real estate disputes are involved.
Once the filing process has begun, your lawyer will work with you to determine what issues need to be resolved and how they might be addressed. This includes determining the best way to divide your property. It is important that you be honest with your attorney about what you want to get out of the divorce and willing to compromise on some issues.
Often, divorces involve property disputes, particularly regarding real estate or other tangible assets. When a divorce case involves a piece of real property that is titled only in one party’s name, it is important to file a notice of lis pendens, which means “suit pending.” This serves as a warning to anyone interested in the property that there is a lawsuit involving the property and that any interest acquired will be subject to the outcome of the lawsuit. This notice ensures that the property is legally flagged until the divorce is finalized.
The notice of lis pendens should be recorded in the county where the property is located. Typically, this will be in the same county where the divorce was filed. However, if the property is not located in either county where the divorce was filed or where the lis pendens is recorded, a motion to change venue must be filed with the court. Filing a notice of lis pendens helps to safeguard the asset while the divorce proceedings are ongoing.
If an agreement cannot be reached on all outstanding issues, a trial will be held. At the trial, both parties and their attorneys will be able to present evidence and argue their case before the judge. The judge will then make final decisions about all outstanding issues and will issue a divorce judgment. If you need to divorce, contact an experienced Illinois divorce attorney who can assist with the legal proceedings and protect your rights. A skilled divorce attorney can handle all the complicated legal paperwork, attend hearings and meetings with your spouse’s lawyers on your behalf, and help you reach a fair divorce settlement.
When it comes to real estate, disputes often arise over property ownership. These disputes can stem from divorce cases involving property division, foreclosures, or even from a dispute over a decedent’s estate (by contesting the will). In many of these cases, a lis pendens is filed to raise a red flag for potential homebuyers and lenders that there is litigation concerning the property and they should take caution. This notice of lis pendens serves as a critical alert, potentially affecting the outcome of property sales and transfers.
Depending on where you live, the law surrounding the use of a lis pendens can vary widely. For example, in some states, a lis pendens can only be used for real estate and cannot be used for personal property or intellectual property. In others, a lis pendens may not be recorded at all unless the property is in the process of being transferred to another party. In still others, the right to file a lis pendens may be contingent upon the plaintiff’s ability to prove their claim in court. In Illinois, the recording of a notice of lis pendens ensures that all parties are aware of ongoing litigation that may impact property rights.
In the state of Illinois, a lis pendens must be filed to put anyone who has an interest in a piece of property on notice that a lawsuit is pending that may affect their rights to the property. The purpose of the lis pendens is to protect the plaintiff’s superior interests until the lawsuit has been resolved and the property awarded to them. This ensures that the notice of lis pendens protects the filer's legal interests in the property during the legal proceedings.
A case illustrates the importance of proper recording of a lis pendens. In the case, Voga v. Leroy, the plaintiff was awarded a judgment against his ex-wife in a divorce proceeding that included property division issues. However, since he did not record his lis pendens prior to the judgment, his rights to the marital home were not protected. The Court of Appeals held that the failure to record the notice of lis pendens meant that Leroy had constructive notice of the pending property litigation and therefore took his interest in the marital home subject to the outcome of the proceedings. This case underscores the importance of timely filing and recording the notice of lis pendens to secure property rights in legal disputes.
The case highlights the risk of improperly using a lis pendens, especially when dealing with unfamiliar jurisdictions. For this reason, you should always consult a qualified attorney to make sure you are following your state’s laws regarding the use of a lis pendens. Proper use of a notice of lis pendens can be a powerful tool in protecting your property interests in ongoing litigation.
The lis pendens is an important tool in the legal arsenal of any litigant. However, it is not an easy tool to use and you should never do so without a good reason. In fact, filing a lis pendens for the wrong reasons can lead to malpractice claims against your attorney.
When a divorce happens, Illinois law states that assets and debts must be divided equitably. The courts consider a number of factors, including the parties’ ages and educations, their respective earning potentials, and work histories throughout their marriages when making that determination. This is why it’s so important for couples divorcing in Illinois to be fully transparent and to make sure all relevant facts are brought up and established at the time of property division. Unfortunately, it’s not uncommon for one party to try and hide or conceal assets from the other party. The best way to prevent such a scenario from happening is for both parties to hire a great asset division attorney and to keep all assets as transparent as possible. A notice of lis pendens is a vital tool in these situations, as it legally alerts all parties that the property in question is subject to divorce proceedings.
The first step in determining whether an asset is marital or nonmarital is to determine when the property was acquired. This is a matter of fact and requires the parties to offer corroborative physical evidence at a hearing, such as receipts, bank statements, or other tangible documents. In most cases, property acquired by either spouse during the marriage is considered marital. The only exception is for gifts or inheritances that were received prior to the marriage. The filing of a notice of lis pendens here serves to secure the marital property's status until adjudicated.
An Illinois divorce court has a duty to decide if an asset is marital or nonmarital and must make that finding before the parties can move forward with a temporary order regarding property issues. An Illinois judge will not allow a party to use their marital assets, spend marital money, or destroy non-marital property prior to making this decision. This can have very serious consequences. To enforce this, a notice of lis pendens acts as a public record that warns any potential third party about the ongoing litigation related to the property.
Moreover, Illinois law states that a recorded notice of lis pendens gives constructive notice to any third party who may acquire an interest in real property that there is a pending dispute and that any rights they obtain will be subject to the outcome of the lawsuit. This protects a party’s superior interests in the property and prevents them from acquiring a lien or title interest in the property without the knowledge of the other spouse. This formal notice ensures that all parties are aware of any claims or legal actions affecting the property.
This is why it’s so important for all parties to hire a competent attorney who can serve as an effective mediator and negotiator regarding the issues surrounding marital property. It also is in everyone’s best interest to resolve these issues as soon as possible. Utilizing a notice of lis pendens strategically can safeguard the property from being unjustly handled or transferred during the tumultuous period of divorce proceedings.
In the end, a quick resolution of property-related matters will give both parties in a divorce the incentive to settle all outstanding issues quickly. It will also reduce the likelihood that the parties will attempt to hide or destroy any assets. This will benefit both parties and the children of the marriage in the long run. Contact us today to speak with a member of our team of dedicated divorce attorneys and get started on your case.
Law Office of Russell D. Knight
1165 N Clark St #700, Chicago, IL 60610, United States
(773) 334-6311