Common Misunderstandings About The Divorce Process
Divorce is a major legal event, but many people start the process with the wrong ideas about how Illinois law works. I often meet people who think divorce always means a long court fight, that one parent will lose custody, or that property is always split in half. In reality, Illinois divorce law is more balanced and structured than most expect. Courts use clear rules to make sure things are fair and to protect children’s interests. When you know how the law really works, you can make better choices during a tough time.
Most Illinois divorces follow the Illinois Marriage and Dissolution of Marriage Act, found at 750 ILCS 5/. This law explains how marriages end, how parenting duties are shared, how property is divided, and how support is set. Not knowing these rules can cause stress and confusion. The next sections clear up some common myths about divorce in Illinois and explain what the law really says.
Many People Believe Divorce Always Requires Proving Fault
A common misunderstanding is that you have to prove someone did something wrong, like adultery or abandonment, to get a divorce. In Illinois, you do not need to prove fault. The law allows for no-fault divorce.
According to 750 ILCS 5/401(a), a court can grant a divorce if the marriage has irreconcilable differences that led to its breakdown. Usually, both people need to live apart for at least six months before the divorce is final, but they can skip this waiting period if they both agree.
Since Illinois uses a no-fault system, the court does not focus on blame. Instead, it looks at practical matters like dividing property, setting support, and arranging parenting time.
Some People Think Property Is Always Split 50-50
Some people think divorce always means splitting property equally. In Illinois, courts do not always divide marital property 50-50. Instead, the law calls for equitable distribution, which means dividing property in a way that is fair for each situation.
Illinois courts follow 750 ILCS 5/503, which identifies several factors judges must consider when dividing marital property. These factors may include:
- Each spouse’s financial situation
- Contributions made to the marriage
- The length of the marriage
- The economic circumstances of each party
- Whether one spouse supported the other during education or career development
- The needs of any children
Every family is different, so property might not be split equally. Sometimes, one spouse gets more if that is what fairness requires.
Many Parents Think One Parent Always Receives Custody
Many people think one parent always gets custody and the other only gets limited visits. Illinois law no longer uses the old idea of sole custody.
Under 750 ILCS 5/602.5 and 602.7, courts look at how to share parenting responsibilities and time. Rather than picking a winner, they decide how parents will share duties.
Judges consider the best interests of the child, which may involve reviewing factors such as:
- The relationship between each parent and the child
- The child’s needs and adjustment to home, school, and community
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of domestic violence or abuse
Often, parents share both responsibilities and time so both can stay involved in their child’s life.
Some People Think Child Support Is Negotiable Without Guidelines
Some parents think they can decide child support on their own. While you can agree on some financial matters, Illinois law uses a set formula to figure out child support.
Child support is set by 750 ILCS 5/505, which uses an income shares model. This model estimates what parents would spend on their child if they lived together, then splits that amount based on each parent’s income and time with the child.
Courts consider several financial elements when determining child support, including:
- The income of each parent
- Parenting time allocation
- Health insurance costs
- Childcare expenses
- Educational expenses
Judges usually follow these rules unless there is a good reason not to.
Many Spouses Assume Spousal Support Is Automatic
Another misunderstanding is that one spouse will automatically receive alimony after a divorce. Illinois law refers to this type of financial support as maintenance.
Maintenance is governed by 750 ILCS 5/504, which requires courts to consider multiple factors before awarding support. These factors may include:
- The income and property of each spouse
- The length of the marriage
- The standard of living during the marriage
- The earning capacity of each spouse
- Contributions made by one spouse to the other’s career
Sometimes, maintenance is given. Other times, it is not awarded at all.
Some People Think Divorce Always Means Going To Court
Many people worry that divorce means months or years in court. While some cases do go to trial, many divorces are settled through negotiation, mediation, or agreements.
Illinois courts often encourage parties to work toward agreements on issues such as parenting time and property division. Settling disputes outside the courtroom can save time, reduce expenses, and give families greater control over the outcome.
If you cannot agree, the court will make the final decisions. Having a good lawyer can help protect your interests during this process.
Frequently Asked Questions About Divorce In Illinois
How Long Does A Divorce Take In Illinois?
How long a divorce takes depends on a few things. If both spouses agree on everything, it can be done in a few months. Illinois law usually requires you to live apart for six months to show irreconcilable differences under 750 ILCS 5/401, but you can skip this if both agree. If there are disagreements about property, parenting, or money, it can take longer because the court has to decide those issues.
Do Both Spouses Have To Agree To Get A Divorce?
No. One spouse cannot stop the other from getting a divorce. Illinois law allows divorce if there are irreconcilable differences. If one spouse wants a divorce and the six-month separation is over, the court can grant it even if the other does not agree.
What Is The Difference Between Marital Property And Nonmarital Property?
Illinois law separates marital property from nonmarital property when dividing assets. Under 750 ILCS 5/503, marital property usually means things bought during the marriage. Nonmarital property can include things owned before marriage, gifts to one spouse, or inheritances. It is important to know the difference because nonmarital property is usually not divided in divorce.
Can Parents Share Decision Making Responsibilities?
Yes. Illinois law wants both parents to stay involved in their child’s life when possible. Under 750 ILCS 5/602.5, courts can split decision-making about things like school, health, religion, and activities. Many parenting plans let both parents share these big decisions.
How Is Parenting Time Determined?
Parenting time is set based on what is best for the child under 750 ILCS 5/602.7. Courts look at things like the child’s relationship with each parent, the child’s needs, how well the parents work together, and how the child is doing at home and school. The aim is to make a schedule that helps the child and keeps strong bonds with both parents.
Can A Divorce Agreement Be Changed Later?
Some parts of a divorce can be changed later. For example, parenting time and child support can be updated if there is a big change in circumstances. Courts look closely at these requests to see if the change is best for the child.
Speak With A Schaumburg Divorce Lawyer About Your Rights
Divorce brings up many legal and financial questions that can affect you and your family. Knowing how Illinois law applies to your case is key to protecting your rights. Whether you are worried about dividing property, parenting time, child support, or other family law issues, I help clients on both sides of divorce move forward with clarity and confidence.
The Law Office of Fedor Kozlov represents clients in Schaumburg and throughout Chicago, Illinois, in divorce proceedings, child custody matters, parenting time disputes, visitation issues, paternity cases, and other family law matters.
If you are thinking about divorce or have questions, call the Law Office of Fedor Kozlov to set up a consultation. You can talk directly with an attorney about your situation and find out what options you have. Call our Schaumburg divorce lawyer at the Law Office of Fedor Kozlov at (847) 241-1299 to schedule a consultation.
