Common Myths About Illinois Divorce & the Actual Truth

by | Jun 22, 2018 | Attorney


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It may be surprising to find out that many of the things that people take for the truth regarding Illinois divorce are nothing more than myths. Individuals who are considering a divorce or are in the process of divorcing who believe the myths may end up going about things in a way that isn’t the best for their interests. We wanted to compile a list of some of the common myths and explain the truth, so you’re on your best footing possible.

Being First to File Gives an Advantage

If you are the first person to file for divorce, you have no advantage over the other person in the case. The only difference is the first filer is known as the petitioner and the second is the respondent. Each person has the same responsibilities and rights as the other person in Illinois. The Judge deciding the case will not care who was the first person to file paperwork, it has no bearing on the case.

The Other Party’s Bad Behavior Helps My Case

Marital misconduct or other bad behavior by one spouse has no bearing on setting support, setting child support, determining custody, or dividing property. If one party cheated on the other, this would no affect on the result of the case. One factor that does matter is dissipation. This refers to spending funds after the marriage has gone through a breakdown in a way that does not relate the marriage. So, if a spouse gambles away all your money, that will be considered.

Joint Legal Custody Means Each Parent Gets Equal Time with Children

Kane County divorce attorneys will be happy to explain that joint legal custody has nothing to do with where a child resides. What it does mean is that decisions about medical care, religious upbringing, and education must be made jointly. The visitation arrangement is what determines where children live and how often they are with each parent.

Child Support is Tax Deductible

It isn’t true. Maintenance payments may be ended if the person is paying died, which can be tax deductible for the payor and includable for the payee. However, child support is the difference and is not deductible or includable by either party.

If you are in need of Kane County divorce attorneys, Keller Legal Services can help. We would be happy to answer any other questions you have about separation and divorce. You can find out a bit more about us at

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