Divorce is not uncommon; depending on which reference you are using, the divorce rate in the United States is reported to be anywhere between 40 and 50 percent. With that number in mind, you would think that more people would understand the ins and the outs of divorce, but many topics still seem to be misunderstood by most people. Here are three widely accepted “facts” of divorce and the truths behind them:
1. If One Spouse Is at Fault for the Divorce, They Will Be Penalized
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) only recognizes “irreconcilable differences” as the grounds, or reason, for divorce. No-fault divorce only requires a spouse who files for divorce to state that their marriage has irretrievably broken down, without requiring them to provide a reason. The IMDMA states that decisions about property division and spousal support cannot be made with regard to any sort of marital misconduct. So in short, unless a spouse is dissipating marital property in an affair (such as by using marital funds to buy gifts for a paramour), adultery or other reasons one spouse is at fault will likely not affect the legal aspects of a divorce.
2. The Mother Will Always Get Custody of the Kids
While, traditionally, kids were often expected to stay with their mother following a divorce, there is no rule or law that says the mother must always get custody of the children. In Illinois, any decision made about parenting rights or responsibilities is always in the best interest of the child. When deciding parenting time in Illinois, the courts will look at factors such as who performs the majority of the caretaking functions for the child, the wishes of the child and parents, and any threats that either parent or their lifestyle could pose to the child.
3. Marital Property Will Be Split 50-50
You would think that since there are two people in a marriage, the property they have accumulated with each other would just be split down the middle--but it is a bit more complicated than that. Illinois calls for an equitable distribution of property, which means it is not always equal. The court looks at a variety of factors when dividing property, including each spouse’s contribution to the property and any pre-existing prenuptial or postnuptial agreements.
Consult With an Orland Park Divorce Lawyer
Another big myth about divorce is that you can go through it alone. While that is technically true, you can greatly benefit from having the help of an experienced Tinley Park divorce attorney. When you choose to be represented by an attorney from Anderson & Associates, P.C., you will have a skilled lawyer on your side who can advocate for your interests and ensure that you have what you need to move on with your life. Contact our office today to set up a free consultation by calling 708-226-9904.