Common Misconceptions About Divorce in Illinois

 Posted on August 27, 2020 in Divorce

If you have not previously been divorced, then you understandably do not know what the divorce process actually entails. Everything that you know about the divorce process probably comes from what you have heard from your friends, family members, coworkers, and other people who have talked about their experience with divorce. While it can be helpful to have support from loved ones, you should speak to an Illinois divorce lawyer for the truth about any topics that may be of concern to you. Here are a few common myths that still exist about divore and the truths behind those myths:

You Must State a Reason For Your Divorce

Just a couple of years ago, the state of Illinois changed its divorce laws immensely. One of those changes was removing the option of choosing fault or naming a reason for the divorce. Now, the only legal reason stated for getting a divorce is irreconcilable differences which caused an irretrievable breakdown of the marriage. 

Property is Always Divided 50/50

This is one of the biggest misconceptions that people have about divorce. The most logical thing would be for each spouse to receive half of the couple’s assets and debts, but that is not how it always works out. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that property is always divided in an equitable manner in Illinois. This means that a variety of factors are looked at when dividing property and one spouse may end up walking away with more assets or debts than the other.

Mothers Always Get Custody of the Children

In earlier years, laws were biased and tended to favor mothers as the custodial parent when a couple was divorced. Now, laws have been changed to reflect the fact that there is a general agreement that children thrive when they are able to have a close relationship with both parents. In today’s custody cases, parenting time and decision-making responsibilities are independent of one another and make the child’s best interests the court’s top priority.

Discuss Your Case With Our Wheaton, IL Divorce Attorneys Today

Just as each person is different, each divorce case is going to be unique as well. At the Goostree Law Group, we have a team of knowledgeable DuPage County divorce lawyers who have more than 80 years of combined family law experience and are here to guide you through the process. Call our office today at 630-364-4046 to schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59