- 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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