Family law is very complex. For this reason, there are many family law misconceptions that our firm frequently encounters. To help you avoid serious mistakes that could negatively impact the outcome of your family law case, we have compiled this list of five of the most common family law misconceptions:
1. Domestic violence claims must involve physical abuse.
Contrary to popular belief, domestic violence does not always involve physical abuse. Although physical abuse is the most serious form of domestic violence, there is also emotional abuse, sexual abuse, financial abuse, spiritual abuse, and technological abuse. Domestic violence may involve controlling access to a spouse’s money, diminishing their self-esteem, and preventing them from practicing their religious beliefs.
2. Prenuptial agreements start a marriage off on the wrong foot.
You cannot predict the future of your marriage but you can protect yourself and avoid a great deal of stress in the event that it leads to a divorce. Many people feel that prenuptial agreements can start a marriage off on the wrong foot when in reality, they encourage open, honest communication which is essential element to any strong marriage.
3. Mothers will always receive custody of their children in a divorce.
In the past, there was a presumption that mothers should always receive custody of their children in a divorce. However, these days, the best interest of a child is what determines who gets custody. Each parent’s desires for custody, the child’s wishes, the child’s relationship with each parent, and the circumstances of a child’s home life are all factors that are considered in an Illinois child custody case.
4. Child support agreements cannot be modified.
Child support agreements are not set in stone. In Illinois, child support can be modified if a family finds themselves in a situation where their existing child support agreement no longer reflects their circumstances. A job loss, income increase, changes in your child’s needs, or your child going to college are all examples of situations that change your circumstances and may warrant a child support modification.
5. All assets and debts will be split down the middle in a divorce.
You may be surprised to learn that in an Illinois divorce, all of your assets and debts will not be split down the middle. Since Illinois is an equitable distribution state, factors such as how much money each spouse makes and the standard of living established during the marriage will play a role in how everything is split.
Consult Our DuPage County Divorce Attorneys
Due to the complexity of divorce, it is in your best interest to consult our DuPage County divorce attorneys at 630-932-9100 today. We can make sure you understand all of the laws associated with your case so that you can avoid misconceptions and make the right decisions for your future.
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