Divorce Has More Than Its Share of Myths and Misconceptions

Misinformation leads us to having incorrect beliefs, which, in turn, set us up to making avoidable mistakes and incorrect choices.

Can my spouse prevent me from getting a divorce?

Annulments require you to be married under a certain time frame

party did not have the capacity to consent to the marriage

a party is physically unable to consummate the marriage and the other party did not know of the incapacity

party was 16 or 17 years of age and did not have parental consent;

the marriage is prohibited by another law(such as bigamy).

Does it help to be the first to file?

The everyday, practical answer is NO

Can I date before the divorce is final?

From a strictly legal standpoint, the answer is 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 the kids choose who they want to live with?

The court will not consider the children’s wishes until they are age 14 or older.

However, the judge is not required to follow their preferences. What a child wants is only one of several criteria the court must consider.

It is true that no fault is quicker and cheaper?

No, it isn’t

Do we have to be separated six months before we can file?

No. You can file even if you haven’t been separated for one minute. Illinois law does not require you to be separated before you can file for divorce. This is true no matter which of the eleven grounds is used.

READ  Sorry! I Can't Afford to Divorce You!

If you opt to proceed on the ground of irreconcilable differences (no fault), you must establish that you have been separated first year associate anxiety for a certain length of time, but you don’t have to accrue all or any of the separation time before filing.

My spouse is telling me to move out. Do I have to?

No. You do not have to move out. Unless and until your spouse gets a court order granting him or her exclusive possession of the home, you have the same marital right to live in the house as they do. This is true even when title to the house is in your spouse’s name only.

If I do move out, is it considered abandonment?

No. This is the mother of all myths. You do not lose any of your rightful top canadian legal issues percentage of the equity in the home if you choose to reside elsewhere.