Debunking Divorce Myths in Illinois

 Posted on December 28, 2022 in Child Custody

When it comes to divorce, there are numerous myths floating around. It is easy to get overwhelmed by the amount of information out there. This blog aims to clear up some common misconceptions about the divorce process in Illinois. Here are five myths about divorce that you should know if you’re considering or going through a divorce.

Myth #1: You Must Have Your Spouse's Permission to File for Divorce in Illinois

False! In the state of Illinois, either spouse can file for divorce without their partner's consent or agreement. This means that if one party wants a divorce but the other does not, the filing spouse can still move forward with the process. However, keep in mind that filing for a divorce without your spouse's permission will likely make an already difficult situation even more challenging.

Myth #2: You Have to Be Separated for a Certain Amount of Time Before You Can File for Divorce

This is probably one of the most commonly held myths about divorce in Illinois and other states. People often assume that they need to be separated from their spouse for at least six months before they can file for divorce—but this is not necessarily true. Divorces can be filed immediately after the decision has been made. The only time a couple must separate before a divorce is when a spouse contests that there are irreconcilable differences and tries to prevent divorce from occurring. In a situation like this, being separated for six months guarantees that the grounds for divorce have been met and allows the divorce to proceed.

Myth #3: All Marital Property Will Be Split 50/50

Illinois is an “equitable distribution” state which means that marital property—property acquired during the marriage—is divided according to what is fair and equitable for both parties rather than splitting it down the middle. However, most divorce cases are resolved through an out-of-court settlement. Only in rare cases does a property division dispute lead to a divorce trial.

Myth #4: The Court Will Automatically Side With The Mother in Child Custody Cases

In Illinois, courts make decisions regarding child custody based on what is in the best interest of the child or children involved. While mothers may often receive a greater share of parental responsibilities and parenting time due to their traditional role as the primary caretakers of children, this does not mean that fathers are automatically at a disadvantage in these situations; fathers can still fight for and win shared or even full legal custody depending on the circumstances.

Myth #5: You Do Not Need an Attorney to Get a Divorce

While it is certainly possible to get a divorce without an attorney (sometimes referred to as pro se or self-represented divorce), it is generally not recommended due to the complexity involved with navigating state law and court proceedings. Having an experienced lawyer by your side can make all the difference when it comes to ensuring your rights are protected throughout the process, as well as helping ensure that everything from child custody arrangements to asset division is handled properly and equitably according to Illinois law.

Contact a Wheaton Divorce Lawyer

If you are getting divorced, you need a lawyer you can trust to protect your rights and advocate fiercely on your behalf. Call the experience DuPage County divorce attorneys from Davi Law Group at 630-657-5052 for a free consultation.

Source:

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