6 Myths About Getting Divorced in Illinois

 Posted on July 07, 2020 in Divorce

If you are getting a divorce, you must make decisions based on reliable information. Unfortunately, there are many myths surrounding divorce in Illinois and the various issues people face during the process, such as child custody, visitation, and the division of marital assets. When going through the divorce process, recognize the common divorce myths that you may hear and understand the truth behind them.

You Must Prove Fault in a Divorce

When first considering divorce, you may think that you have to prove your spouse is at fault for the breakdown of the marriage. Oftentimes, the ending of the marriage is not anyone’s fault, people simply fall out of love or want to go in different directions. Fortunately, the only type of divorce you can file in Illinois is known as a no-fault divorce, which means you only have to state that the marital relationship has broken down and there is no chance of reconciliation. So, even if neither you nor your spouse was at fault for the divorce, you can still file to legally end your marriage.

Fault Is Not Considered During the Divorce Process

Due to the fact that Illinois is a no-fault divorce state, you may also think that wrongdoing will not play a part in the process. This is not the case. Although you cannot assign fault when filing for divorce, you can shed light on your spouse’s marital misconduct, such as an illicit affair. The argument will not affect your ability to file for divorce, but it can impact other parts of the process, such as property division allocations.

You Can File Online

You will find many DIY divorce forms online, but you cannot actually file for divorce using the Internet. The DIY forms are confusing to fill out, can hurt your case, and may result in you accidentally forfeiting your rights. You should always speak to a lawyer who can help you properly file for divorce. However, even if you choose to use these forms, you must still file them in-person, with the court.

Assets Are Split 50/50 in Divorce

Of all false ideations surrounding divorce in Illinois, those surrounding property division may be the most abundant. Many people assume that each spouse will receive 50 percent of all assets and liabilities in a divorce, but that again is inaccurate. Illinois is an equitable distribution state, meaning all assets and liabilities are split fairly, but not always evenly.

Contact a Barrington Divorce Attorney For Help

Many people only want to involve lawyers if the divorce becomes highly contentious or complex, yet this is never advisable. Even those with the most amicable relationship can struggle to keep their emotions and opinions at bay. It is always best to work with an experienced Inverness divorce lawyer from the very start. If you are considering divorce, Attorney Richardson will provide the sound legal advice you need and have your best interests in mind throughout the entire process. Contact our firm today at 847-873-6741 to schedule a free consultation and to learn more about how he can help.

Resource:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000