Seven Common Myths About Chicago Divorce

Thanks to the dramatic interpretations of divorce we often see on TV and in movies, certain myths about divorce have persisted for decades. In Illinois, divorce is typically not as exciting as all that, and in fact, it rarely even reaches the courtroom. If you are avoiding ending your marriage because you have heard horror stories about the legal process, then delay no further. The following are some of the most pervasive and persistent myths about Chicago divorce. Reach out to an Illinois divorce lawyer today for the information you need to make the best decisions for you and your family.

Myth #1: Divorce is always adversarial

While divorce can be contentious, it rarely goes to trial. Most splitting couples come to agreements on the division of property and the allocation of parental responsibilities outside of the courtroom. In fact, the system is designed to encourage agreement through mediation and negotiation. Litigation is the last resort.

Myth #2: Mothers always get custody of children

Illinois law no longer utilizes the word “custody,” but instead refers to “parenting time” and “parental decision-making.” As a baseline, Illinois law presumes that both parents should share parenting time, absent evidence that a parent’s exercise of parenting time would harm the children (750 ILCS 5/602.7(b)).

Courts in Chicago and throughout Illinois prioritize the best interests of the child when deciding how to allocate parenting time between parents. Some factors the Court considers include the parents’ involvement in caretaking duties, the child’s relationships with the parents, and the child’s attachment to their school and community. There are 17 factors listed in the statute, and none of them is the gender of the parent.

Myth #3: You cannot get a divorce if your spouse does not agree to it 

While it is easier if both parties agree to the divorce terms, you can still get a divorce if your spouse does not consent. If you file a Petition for Dissolution of Marriage, and your spouse refuses to participate in the legal process, you can ask the Court to find them to be in default. Once this occurs, you can proceed toward a Default Judgment of Dissolution all on your own. Neither the state of Illinois nor your spouse can force you to remain married if you do not wish to be married.

Myth #4: You will have to leave the family home during divorce

You do not necessarily have to leave the family home during divorce proceedings, especially if you have joint ownership of the property or you are raising minor children there. However, living with your ex during the divorce process can be emotionally challenging and may not be feasible for everyone. You and your Chicago divorce attorney can discuss an appropriate strategy to keep you in the marital residence during the divorce proceedings, and afterward, if that is something you wish to do and can afford.

Myth #5: Adultery will impact your divorce settlement

While infidelity can be a factor in divorce proceedings, Illinois is a no-fault divorce state, meaning you do not need to prove that your ex did something terrible to you in order to get divorced. Your spouse is not going to be penalized by the judge for cheating on you. However, if your spouse dissipated marital funds on financing their affair (think lavish vacations or expensive gifts for their paramour), then the Court may require your spouse to reimburse the marital estate for what was lost.

Myth #6: You can hide assets to protect them from your divorce

Attempting to conceal assets during divorce proceedings is illegal and can result in serious consequences, including being ordered to pay penalties or even facing criminal charges. When it comes to divorce, transparency is key. You cannot divide the marital estate if you do not know everything the marital estate contains. You must be fully honest and forthcoming about your income, assets, and debts during divorce as that is what is required by Illinois law.

Myth #7: Child support is fixed and unchangeable

Child support will be set, either by the Court or by agreement, pursuant to Illinois statute. This means that there is a specific formula for calculating child support that is laid out in Illinois law, and that formula will dictate what child support will be (750 ILCS 5/505). Parents can agree to pay more or accept less than what the statutory guidelines require if there is a good reason to do so.

Once a child support order has been entered, it cannot be modified without good reason. Child support orders can be modified only if the person pursuing the modification can prove a significant change in circumstances from when the order was entered. A significant change in circumstances may include a change in a parent’s income, such as the loss of a job or a promotion, or a change in the child’s needs, such as a diagnosis of a medical condition that requires extensive treatment. Courts may adjust child support payments up or down to account for these changes in circumstances.

An Experienced Family Law Attorney in Chicago Can Help

Perhaps the biggest myth of all is that you do not need an attorney to get a divorce. While technically true, you are risking everything by going it alone. Do not take one of the biggest steps of your life without a seasoned professional by your side to guide you through. There is a lot of misinformation out there, but the compassionate and experienced attorneys of O. Long Law, LLC, will help you avoid the pitfalls. Reach out today to schedule your consultation and get started.