When it comes to divorce, there is a lot of misinformation passed around. Each state has its own approach to divorce. Illinois has recently changed several of its laws that deal with divorce and other family law issues. Do not be fooled by these three common myths.
If Your Spouse Cheated, You Will Get More in the Divorce
As of January 1, 2016, Illinois is a no fault divorce state. You do not have to blame someone for the breakup of the marriage. If one spouse has been unfaithful, it will not affect the property division in the divorce. It will also not affect child support or spousal maintenance. This was true even before the recent change in the law. The only possible exception is if there is a prenuptial agreement with an adultery clause. If you are counting on a big payday because your spouse cheated, you are going to be disappointed.
The Judge Will Split All Property in Half
Under Illinois law, judges are required to split marital property equitably. Many people mistakenly believe that this means the property will be split equally. Equitable property division just means that the judge must divide the property fairly while taking into account several different factors.
The judge will consider the ability of both spouses to earn more income and obtain more assets. The judge will also look at which spouse will have the children living with him or her the most, the length of the marriage, and the contributions both sides made to the marriage, including contributions as a homemaker. A judge will rarely divide the marital property equally in half.
If You Do Not Pay Child Support, You Do Not Get Visitation
Child support and visitation, also known as parenting time, are completely separate issues. Few things make a family court judge angrier than parents who refuse to honor parenting plans just because the other spouse is behind in his or her child support payments.
Non-payment of child support is a serious issue and there are several legal options available to compel someone to make his or her child support payments. Failing to pay child support can mean garnishments, loss of a driver’s license, or even jail time. However, it is never appropriate to deny parenting time because a parent is not receiving his or her child support payments.
If you are considering divorce, and need to speak with a skilled and knowledgeable DuPage County divorce attorney, please call Sullivan Taylor & Gumina, P.C. today at 630-665-7676 to schedule your consultation. Make sure you understand the truth about divorce.