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The Truth Behind Common Myths in Family Law in Illinois: 3 Surprising Facts You Need to Know

There are many misconceptions and myths that people believe about family law in Illinois. In this blog post, we will be exploring some of the most common myths and uncovering the truth behind them.


Myth #1: Ending a Marriage Means That You've Failed. One of the most prevalent myths surrounding divorce is that ending a marriage means that you've failed. This couldn't be further from the truth. The decision to end a marriage is a difficult one and can be a result of a multitude of reasons, but it doesn't necessarily mean that you've failed. Divorce can provide a fresh start for individuals, and it's important to remember that it's okay to seek out a divorce if you believe it's the best decision for you.


Myth #2: Division of Property and Assets is Simple. Another common myth about family law is that the division of property and assets involved in a separation or property settlement is simple. However, this is not the case. Regardless of who bought the asset within the marriage period, its division depends on several factors before a spouse can claim an equitable division. Some of these factors include the length of the marriage, the contribution each spouse made to the marriage, and the future financial prospects of each spouse. This process can be complex, and it's important to have a clear understanding of the laws and regulations that govern property division in Illinois.


Myth #3: Divorce Automatically Leads to the Loss of Parental Rights for One of the Parents. One of the biggest misconceptions about divorce is that it automatically leads to a loss of parental rights. This is not true. In Illinois, divorce and child custody are separate legal matters, and a parent's right to see their child is not automatically taken away in a divorce. Instead, the court will consider what is in the best interest of the child and make a decision based on that. The court may award joint custody or sole custody to one parent, but this decision is not based on the divorce itself, but rather on the best interests of the child. It's important to understand the laws and regulations that govern child custody and to seek the advice of a knowledgeable family law attorney who can help guide you through this process.


In conclusion, these are just a few of the common myths surrounding family law in Illinois. It's important to seek out the advice of a knowledgeable family law attorney who can help you navigate the complex laws and regulations that govern this area of the law. A knowledgeable attorney can provide you with the information and support that you need to make informed decisions about your future. Whether you're facing a divorce, a separation, or the death of a loved one, having the right information and support can make all the difference. Please feel free to contact me at 312-884-1529 or aharger@hargerlawfirm.com if you need additional information about divorce or the divorce process.

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