Misconceptions About Divorce and Property

 Posted on July 15, 2012 in Divorce

Divorce is not a taboo in today's society, and people hear stories about other people's divorces all the time. It is important to realize that not everything you hear is fact, but the tales you have heard from your friends and coworkers might actually be world-class fiction. Here are a few common misconceptions and explanations of how these things work in reality :

1. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires that courts divide marital property 50-50.

In actuality, the IMDMA does not require an equal division. It requires a just one. It is common for courts to give a greater share of the marital estate to the economically disadvantaged spouse.

2. In case of a divorce, I will be entitled to my share of the property that my spouse inherited in their name alone during the marriage.

According to the IMDMA, non-marital property is identified to the party owning it, as long as it has not been transferred into co-ownership with the spouse. Individually-owned, inherited property is not marital property, so you are not automatically entitled to your share of it.

3. If my spouse is guilty of adultery or other misbehavior that constitutes grounds for divorce, I will get a greater share of property.

Division of property without regard to marital fault is provided for in the IMDMA. Out of the 12 grounds for divorce in Illinois, "irreconcilable differences" is the most often-used.

These are only a few of the misconceived notions people have about divorce. Make sure you are not acting according to fiction and remember: if you are in the process of filing for divorce and are overwhelmed with the aspects of your filing, you should contact one of our caring Illinois divorce lawyers today for a consultation.