11 Things Your Friends Get Wrong About Divorce Law
Illinois Divorce Law Demystified: Custody, Property & Parenting Rights
Most people mean well when they try to give you advice during your divorce. Friends and family might be eager to share what happened in their case or what they think the law says. The problem is, divorce law in Illinois is nuanced, and what applies to one case may not apply to another. Misinformation can cause confusion, increase conflict, and lead to mistakes that cost you time, money, and peace of mind. I’ve handled countless divorces here in Schaumburg and across the Chicago area, and I’ve seen firsthand how common misunderstandings can affect outcomes.
Let me walk you through 11 things your friends probably have wrong about Illinois divorce law and what the actual rules and consequences are under the Illinois Marriage and Dissolution of Marriage Act.
“Moms Always Get Custody”
That’s simply not true under Illinois law. Courts are required to make custody decisions based on the best interests of the child, not the gender of the parent. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5) outlines specific factors judges must consider, including the child’s relationship with each parent, the child’s adjustment to home and school, and each parent’s willingness to support the other’s relationship with the child. Both parents start on equal footing.
“If They Cheat, You Automatically Win Everything”
Illinois is a no-fault divorce state. That means adultery or infidelity doesn’t automatically impact how property is divided or how custody is awarded. Under 750 ILCS 5/401(a), the only grounds for divorce are “irreconcilable differences.” However, if a spouse’s cheating involved financial misconduct, like spending marital money on an affair—that could come up in property division under 750 ILCS 5/503(d)(2), but it won’t guarantee a windfall.
“You Don’t Need A Lawyer For A Simple Divorce”
Even uncontested divorces can have lasting consequences. If there are children, property, or future obligations involved, you need someone who understands the legal process. Missed deadlines, vague parenting agreements, or incorrectly filed documents can create problems down the road. A lawyer helps protect your rights before problems arise.
“You Can Deny Visitation If They Don’t Pay Child Support”
This is one of the most dangerous myths. Parenting time and child support are two separate legal issues in Illinois. If a parent stops paying support, the other parent must go through the court to enforce the order, not take matters into their own hands. Denying court-ordered visitation can backfire and even lead to contempt charges.
“Everything Gets Split 50/50”
Illinois follows the rule of equitable distribution, not equal distribution. Under 750 ILCS 5/503, the court considers what is fair, not necessarily what is equal. That includes factors like each spouse’s contribution to the marriage, earning potential, and future financial needs. One spouse may receive more or less than 50 percent depending on the circumstances.
“You Can’t Move If You Have Kids”
Parents with the majority of parenting time can move, but there are strict rules about how far and how they must notify the other parent. Under 750 ILCS 5/609.2, a parent must provide written notice and may need court approval if the move is more than 25 miles from the current residence in Cook County and surrounding counties. Ignoring these rules can result in legal consequences, including changes to custody.
“You Can Just Kick Them Out”
Unless there’s a court order, both spouses have a right to remain in the marital home—even if one spouse owns it individually. If there’s domestic violence, an emergency order of protection may remove one party from the home. Otherwise, forcing someone out without legal grounds can lead to claims of harassment or worse.
“Child Support Ends When They Turn 18”
Not always. Illinois law requires child support until the child turns 18 or graduates from high school, whichever comes later, under 750 ILCS 5/505. Courts may also order parents to contribute to college expenses under 750 ILCS 5/513. So child-related financial obligations can extend into a child’s early twenties in some cases.
“Fathers Have No Rights”
Fathers have the same legal rights as mothers when it comes to parenting time and decision-making. If a father is on the birth certificate or paternity is established, he has the right to seek parenting time and allocation of parental responsibilities under 750 ILCS 5/602.7. Illinois courts no longer use terms like “custody” and “visitation.” Instead, they focus on parenting plans and shared decision-making.
“Everything In Your Name Is Yours”
Many people assume that if an asset is in their name, it’s automatically non-marital property. That’s not how Illinois law works. Any asset acquired during the marriage, even if it’s titled in one spouse’s name—is presumed to be marital property under 750 ILCS 5/503. That includes retirement accounts, vehicles, and homes unless they fall under specific exceptions.
“It’s Just a Piece of Paper—It Doesn’t Matter”
Your divorce judgment is a binding court order. It governs everything from asset division to parenting time and support obligations. Violating that order can lead to serious legal consequences, including wage garnishment, contempt of court, or changes in parenting time. It’s not just a formality. Every detail in that document matters.
Frequently Asked Questions About Illinois Divorce Law
What Is Considered Marital Property In Illinois?
Marital property includes almost anything acquired during the marriage, regardless of whose name it’s in. That includes income, homes, retirement accounts, and even bonuses or stock options. Exceptions include gifts, inheritances, and property acquired before marriage, but those exceptions must be proven.
Can A Child Decide Which Parent To Live With?
While a child’s wishes may be considered, especially if the child is mature, Illinois law does not let children make the final decision. The court evaluates the best interests of the child using many factors under 750 ILCS 5/602.5, and a judge ultimately decides.
What Happens If One Parent Violates The Parenting Agreement?
Violating a court-ordered parenting plan can lead to legal consequences, including make-up parenting time, mediation, court sanctions, or even a modification of the agreement. If the violation is serious or repeated, the court may change custody arrangements entirely.
Can Spousal Maintenance Be Changed After Divorce?
Yes. If there’s a substantial change in circumstances, like a job loss or a major increase in income, the court may modify or terminate spousal maintenance under 750 ILCS 5/510. However, if maintenance is set as non-modifiable, it may not be changed without both parties’ agreement.
Do I Have To Go To Court If We Agree On Everything?
If both parties agree on all terms, you may be able to finalize your divorce without a trial, but you still must go before a judge to approve the settlement. A court must ensure that all agreements are fair and that parenting plans serve the best interests of the children.
Can I Change My Child’s Last Name After Divorce?
A parent can petition the court to change a child’s last name, but the other parent must be notified and given the opportunity to object. The court will decide based on the child’s best interests, not just the preferences of the parents.
What If My Spouse Hides Assets During Divorce?
If a spouse hides assets, the court can impose serious penalties. That includes awarding the hidden asset entirely to the other party or ordering repayment. You have the right to conduct discovery and subpoena financial records to uncover missing property.
How Long Does Divorce Take In Illinois?
The timeline depends on the complexity of your case and whether both parties agree. Uncontested divorces may be finalized in a few months. Contested cases involving property, custody, or support issues can take a year or longer.
Do I Have To Live In Illinois To File For Divorce Here?
Either you or your spouse must have lived in Illinois for at least 90 days before filing. You also must file in the county where either of you resides. If children are involved, Illinois must be their home state for jurisdiction purposes.
What If We Were Never Married But Have A Child Together?
You still need a court order to determine parenting responsibilities and support. Establishing paternity is the first step. Once that’s done, you can seek parenting time and decision-making rights, just like in a divorce involving children.
Call The Law Office Of Fedor Kozlov For Help With Divorce And Family Law Matters
Divorce doesn’t have to be filled with confusion and misinformation. The more you understand your rights under Illinois law, the better prepared you’ll be to protect your future and your family. Whether you’re just considering divorce or are already in the middle of the process, I can help you make informed choices every step of the way.
Call our Chicago divorce lawyer at the Law Office of Fedor Kozlov at (847) 241-1299 to schedule a consultation. We represent clients in Schaumburg, Chicago, and throughout Illinois, handling divorce, custody, child support, visitation, and all areas of Illinois family law.
