An engagement ring is an important part of getting married for many people. Engagement rings have a long history, dating all the way back to ancient Roman times when they were made out of things like ivory or iron. Diamond engagement rings did not become popular until the late 1940s when De Beers, a British jeweler, launched one of the most successful ad campaigns in history. The world became convinced that indeed, “Diamonds are forever,” making diamond engagement rings the “standard.” Now, the average American spends around $7,750 on an engagement ring, making it a valuable piece of marital property. One of the questions that many divorcing couples have during the property division process is about the engagement ring. Who gets to keep it?

Property Division Laws

Illinois makes a distinction between marital and nonmarital property during divorce. Illinois law states that any and all marital property is subject to division. Marital property includes any property that either spouse acquired during the marriage or any debt that either of them might have taken on. Nonmarital property is anything that either spouse acquired prior to the marriage. However, there are exceptions to that rule. Property that was acquired through inheritance, property acquired in exchange for that property, property acquired as a gift, and property that is excluded by a valid prenuptial or postnuptial agreement is not part of the marital estate.

Determining Who Gets the Ring 

Illinois law states that gifts are the property of the person who receives them, even in a divorce and even if the gift was exchanged between spouses. A gift that either spouse receives at any point is considered to be nonmarital property. It is customary to give an engagement ring before the marriage, with the intent that the recipient will go through with their promise of betrothal. As long as the marriage happens, the engagement ring is the irrevocable property of the person who received it. 

Divorce is always an incredibly emotional process, but many people do not understand the legalities that go along with it. With so many important details to attend to, it is easy to make mistakes that can result in forfeiting your rights or making the divorce more expensive than it needs to be. If you are about to go through a divorce, it is important to avoid these common mistakes so you can protect your best interests while completing the process as quickly as possible.

Arguing Unnecessarily

It is not uncommon for couples to argue when they are going through a divorce. While an argument may arise between you and your spouse during the process, it is important to remember you should only engage in these disputes when necessary. Even then, you should only do so through your divorce attorney and not directly with your spouse.

For example, you may want to keep certain property in the divorce not because it is important to you, but because you want to spite your spouse. An attorney will advise against this, as it will only lengthen the process and cost you more in the end. Still, there are times when you may have to become more assertive and fight for what is rightfully yours, which a lawyer can also advise on.

Before a divorce, it is a good idea to review and completely understand the entire divorce process, including the ways in which law enforcement could help to protect you should any rules, guidelines, or orders associated with the divorce decree eventually be violated. If that were the case, here are some ways law enforcement, with the help of your lawyer, can assist you to ensure a smooth divorce transition.

3 Ways the Sheriff’s Office or the Police Might Assist with Family Law

1. Serving the Petition for Divorce—While it is true that your divorce lawyer will do all the preparation for your divorce petition if you are the one filing the petition, someone must deliver it to the other spouse. This cannot be done by just any person; oftentimes, it must be someone who is court-appointed. In many cases, this can be the sheriff from the DuPage County Sheriff’s Office Civil Division.

2. Serving a Post-Divorce Modification Petition—Whether the other divorced spouse is not keeping up their end of the bargain with regards to certain elements of the divorce decree or you both have agreed that circumstances have changed, such as your finances or something else, you will need to petition the court with your concerns. Depending on what the judge finds when reviewing your lawyer’s prepared petition, they might direct the sheriff’s office to serve a post-divorce modification petition to the other spouse explaining the situation and the next steps.

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For many people, their name is a crucial part of their identity. Recently, it has become more common for women to keep their birth name when getting married to maintain this part of their identity. Those who do take their spouse’s name in marriage may wish to change it back if the marriage ends in a divorce.

Legally changing your name after a divorce is a valid option. However, there may also be disadvantages to doing so; for example, if you are professionally known by your spouse’s last name, or if you share the name with your children from the marriage. It may be easier to wait on changing your name legally until after you are retired or your children have started lives of their own. It is important to know that there are no legal requirements to change your name when getting married or divorced; it is a matter of personal preference.

Including a Name Change in the Divorce Process

To return your name to what it was before, the easiest way is to include the name change request in your divorce filing. This is then signed by the judge as part of the final divorce agreement. You may be asked to explain why you wish for a change of name to ensure there is no malicious intent in regards to fraud. An amendment to your divorce petition can be filed if you decide to change your name after your initial filing.

For many people, the decision to end their marriage is not a sudden one, but one that is made after a period during which there has been a gradual erosion of the relationship. If you are considering a divorce, or you have already made the decision, you should take certain steps to gather all the legal and financial information and documentation you will need to help you reach the best possible divorce settlement.

Preparing Yourself Emotionally for Divorce

Even if you are the one who is seeking the divorce, you will most likely find yourself navigating an emotional roller coaster over your decision. As difficult as it may be, try to avoid allowing these emotions to rule your behavior. Seeking out the services of a professional therapist often helps in staying focused, even more so than confiding in family and friends. A therapist is unbiased and can help guide you through working through the feelings you are dealing with about the divorce. What you share with the therapist is also confidential, unlike sharing with a friend, who may repeat what you tell them, possibly allowing the information to get back to your spouse.

Assessing Marital Assets and Debts

Before the divorce process begins, you should also do some research to find out the status of any assets and property that you and your spouse own. If you had a prenuptial agreement drawn up before you were married, it may include important terms related to property division. You should also look for ownership documentation for any property that you and your spouse have. Along with physical property, you should make a list of all of the joint and separate financial accounts belonging to you and your spouse. This not only includes checking and saving accounts, but also all retirement, pension, and investment accounts. Gather the most recent copies of each account’s statement so that you are well-informed about their current status and value.