Filing for divorce is a significant decision, and it’s often surrounded by confusion and misconceptions, especially regarding the laws and procedures in specific states like Illinois. Understanding the truths behind these misconceptions can help individuals navigate the process more smoothly and with realistic expectations.
1. You must prove fault to get a divorce
One of the most common misconceptions is that one spouse must prove the other’s fault to obtain a divorce. However, Illinois is a “no-fault” divorce state, which means that the only ground for divorce is “irreconcilable differences.” This indicates that the marriage has broken down, efforts at reconciliation have failed, and future attempts at reconciliation would not be in the family’s best interests. This shift to no-fault divorce simplifies the process by removing the need to prove wrongdoing like adultery or abuse.
2. Divorce always ends in court
Many people believe that divorcing couples must go to court and have a judge make decisions regarding their divorce. While some divorces do end up in court, many do not. Couples may opt for alternatives like mediation or collaborative divorce, where they can work out the terms of their divorce agreement outside of court with the help of mediators or attorneys. This not only reduces the emotional strain but can also be more cost-effective and quicker.
3. The mother always gets custody of the children
There’s a longstanding belief that mothers are always granted custody of the children. In Illinois, the law does not favor mothers over fathers. Instead, custody, now legally referred to as “parental responsibilities,” is determined based on what is in the best interests of the child. This includes considering many factors, such as the wishes of the child, the child’s adjustment to their home and community, and the mental and physical health of all individuals involved.
4. Assets are always split 50/50
Another common misconception is that the courts divide all marital property equally between the spouses in a divorce. Illinois follows the rule of “equitable distribution,” which means that the courts divide assets fairly but not necessarily equally. The court considers various factors such as each spouse’s economic circumstances, the duration of the marriage, and the contributions each spouse made to the marital property.
Misconceptions about filing for divorce can lead to unrealistic expectations and may complicate the process. Understanding the actual laws and procedures can help individuals approach their divorce more informed and prepared.