Top 4 Myths About Divorce in Illinois

 Posted on January 25, 2017 in Divorce

It may seem like there are “experts” all around you when you share that you are considering divorce. Friends, family, neighbors, and others without a legal background will tell you all about their own experiences. However, it is important to take their advice with a grain of salt: You should only trust a qualified Illinois divorce attorney with these types of proceedings to ensure protection of your legal rights. Look out for some of the most common myths about divorce and steer clear of taking any action based on misinformation.

You Must Win the Race to the Courthouse

There is no advantage if you are the first to file for divorce; both spouses to a marriage have equal rights and obligations under Illinois law. The first spouse to file is not called a “plaintiff” in divorce cases and there are no negative connotations due to the other not being called a “defendant.” The person who initiates the divorce is termed the petitioner and the other is the respondent.

Equitable Means 50-50 Split

Contrary to states that apply community property rules for distributing assets to divorcing couples, Illinois law requires an “equitable division.” A court looks to a number of factors in determining what would be equitable, such each party’s contribution to the marriage, the value of the property, the duration of the marriage, and other considerations as defined by statute.

Mothers Get Custody of Minor Children

The only consideration in addressing minor children under Illinois law is his or her best interests, so a mother is not automatically awarded custody. Issues related to where a child lives, parenting time, decision-making regarding the child, and other important matters fall under the best interest standard.

Spousal Maintenance is Written in Stone

Spousal maintenance, commonly referred to as alimony or palimony, may be ordered for one spouse in a final divorce decree. However, the parties can modify the exact terms if circumstances change, in most cases. Financial circumstances and personal relationships may be different in the years that follow a divorce. Either the payor or recipient spouse may seek to modify spousal maintenance to align with the current situation.

You Can Rely on an Experienced Illinois Divorce Lawyer

While they may just be trying to help, people that offer advice on divorce do not have the background necessary to provide proper legal counsel. Only a qualified divorce attorney has the education and experience to advise you on the law and your rights in these proceedings. The experienced DuPage County divorce lawyers at Davi Law Group, LLC have represented many clients in divorce cases and can tell you how the law applies to your situation. Please contact our DuPage County, Illinois office with questions or to speak with an attorney about your matter.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm