Common Myths About Divorce in Illinois

Dedicated Divorce Attorneys Responding to Misconceptions Aurora, Illinois

The legal issues surrounding divorce are often misunderstood. Many people who are planning to end their marriages enter the divorce process with inaccurate assumptions that can cause unnecessary fears and confusion while delaying their ability to finalize their divorces and move forward with their lives. At The Law Office of Matthew M. Williams, P.C., we help clients make informed decisions by separating myth from fact. Below are some of the most common misconceptions about divorce—and the truth behind them:

Myth: I Cannot File a No-Fault Divorce Unless My Spouse and I Are Living in Separate Residences

FALSE. Illinois is a no-fault divorce state, which means divorces are based on irreconcilable differences, and there is no need to prove wrongdoing by either party. There is also no requirement to live in separate homes. If both parties agree that irreconcilable differences have led to the irretrievable breakdown of the marriage, there is no waiting period required before a divorce can be finalized. If one spouse does not agree to the divorce, the court will presume that there are irreconcilable differences if the parties have lived "separate and apart" for at least six months—even if they have remained in the same household. "Separate and apart" refers to being emotionally or functionally independent, not necessarily having different addresses.

Myth: The Person Who Files for Divorce First Has the Advantage

FALSE. Filing first does not give one party any legal advantage in terms of child custody (now called the allocation of parental responsibilities), parenting time, spousal support, or division of property. The court bases its decisions on evidence, facts, and the best interests of the child—not who filed first. The only practical benefit of filing first may be establishing jurisdiction or setting the pace of proceedings, but it will have no impact on the final outcome.

Myth: If I Move Out, I Lose My Rights to the Equity in the Home

FALSE. Moving out of the marital home will not have any effect on your legal interest in the equity of that property. If your home was purchased during your marriage, you will be the co-owner, regardless of whether you are currently living in it. Along with other marital property, your home will be divided equitably under Illinois law. However, there may be strategic considerations related to moving out, especially if doing so would lead you to have less contact with your children. These factors should be discussed with your attorney.

Myth: I Will Get More in the Divorce if I Can Prove That My Spouse Cheated or Was Abusive

FALSE. Illinois is a no-fault divorce state, and the court does not consider marital misconduct (such as adultery or cruelty) when making decisions about property division, spousal support, or parenting time. However, if your spouse engaged in dissipation—using marital funds for non-marital purposes, such as spending money on an affair—you may be entitled to reimbursement or a greater share of marital assets. In short, bad behavior does not entitle you to more assets, but financial misconduct might.

Myth: I Cannot Afford to Get Divorced

FALSE. While divorce can be costly, affordable options are available. Some attorneys offer flat fees or sliding scale payment arrangements based on income. It may be more financially and emotionally costly to stay in a toxic or unsustainable marriage. You have the right to explore your options without financial pressure, and a free consultation is the first step. At The Law Office of Matthew M. Williams, P.C., we offer competitively priced services, reasonable retainers, and flexible payment plans to ensure access to justice for every client.

Myth: Mothers Always Get Custody of the Children

FALSE. Illinois no longer uses the term "custody" and instead focuses on the allocation of parental responsibilities and parenting time. Both parents have equal rights, and the court's goal is to determine what arrangement serves the best interests of the child. In most cases, parents will share in parental responsibilities and parenting time. The law favors the child having a strong relationship with both parents, and a parent's gender is not a deciding factor.

Myth: Everything Will Be Split 50/50

FALSE. Illinois follows the rule of equitable distribution, not equal distribution. This means that marital property should be divided in a way that is fair, but not necessarily equal. The court will consider factors such as the length of the marriage, the contributions of each spouse, each party's earning capacity, and the decisions made about child custody. Some assets may be awarded entirely to one spouse, while others may be divided proportionately, with the goal of reaching an outcome that is fair for both parties.

Myth: Spousal Support Is Automatic in Every Divorce

FALSE. Spousal maintenance (alimony) is not automatically awarded. The court will evaluate a variety of factors before deciding whether support is appropriate, including income disparities between the spouses, the duration of the marriage, and each party's ability to support themselves. In some cases, maintenance may be awarded temporarily to help a spouse get back on their feet and become self-supporting. In others, it may not be granted at all.

Contact Our Aurora, IL Divorce Lawyers

Divorce can be complex, and legal guidance is essential to make sure you can take the right steps to protect your rights and resolve disputes effectively. At The Law Office of Matthew M. Williams, P.C., we will help you understand your rights and responsibilities so you can make confident, informed decisions. Call 630-409-8184 or contact our Aurora, Illinois divorce attorneys to schedule a free, confidential consultation.