Divorce Myths and Misconceptions

  • There are many myths and misconceptions about divorce.
  • Misinformation can lead you to making avoidable mistakes and incorrect choices.

  • Is a no-fault divorce quicker and cheaper?
  • No, this is not true.
  • Does it help to be the first party to file for divorce?
  • For all practical reasons, No.
  • Can my spouse prevent me from getting a divorce?
  • No. You don’t need spousal consent to get a divorce, however you must be able to prove he or she is guilty of one of the eleven grounds for divorce in Illinois.
  • Am I allowed to date before the divorce is final?
  • From a strictly legal standpoint, yes.
  • However, dating can harm the case from a negotiation standpoint. It is likely to reduce the chances of a smooth or early settlement.
  • At what age can my kids decide who they want to live with?
  • The court won’t consider the children’s wishes until they are at least 14 years old.
  • However, the judge isn’t required to follow the children’s preferences. What the child wants is only one of several criteria the court must consider.
  • My spouse is trying to make me move out. Do I have to?
  • No. You do not have to move out of your shared home.
  • Unless (or until) your spouse is granted a court order giving him or her exclusive possession of the home.
  • If I do decide to move out, is it considered abandonment?
  • No. This is one of the biggest myths. You do not lose any of your rightful percentage of equity in the home if you choose to reside somewhere else.

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