People talk about things they see and hear, so with divorce rates remaining high, people hear all kinds of stories about what’s going on with other people’s divorces. It would be smart to realize that everything you hear might not be entirely truthful, but the tales your coworkers and friends told you might actually be world-class fiction. Here is a short list of common misconceptions and some information about how things actually work:
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires that courts divide marital property 50-50.
Well, this is not quite true. The IMDMA does not require an equal division. It does, however, require a just one. Courts often like to give a greater share of the marital estate to the spouse who is economically disadvantaged. Of course, this is not always the case.
In case of a divorce, I will be entitled to my share of the property that my spouse inherited in their name alone during the marriage.
The IMDMA says the non-marital property is identified to the party owning it if it was never transferred into co-ownership with the spouse. Individually-owned, inherited property is not part of marital property, so you might not be entitled to your share of it.
If my spouse is guilty of adultery or other misbehavior that constitutes grounds for divorce, I will get a greater share of property.
The IMDMA provides guidelines for the division of property without marital fault. People file under all kinds of reasons, but out of the 12 grounds for divorce in Illinois, “irreconcilable differences” is used the most.
These are only a few of the misconceived notions people have about divorce. Make sure you are not acting according to fiction and remember: if you are in the process of filing for divorce and are overwhelmed with the aspects of your filing, you should contact our skilled Illinois family law attorneys today for a consultation.
