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Common Divorce Myths Dispelled

 Posted on June 21, 2016 in Divorce

Naperville divorce attorneyUnless you have been through a divorce already, anticipating what the process could be like is difficult. Most people do not have experience with the legal system, meaning that divorce is often their first foray into the legal world. This lack of knowledge can make deciding whether to divorce or not difficult. Friends, family members, and other acquaintances may offer you information or advice on the divorce process, but there is a likelihood that some of what they tell you is wrong. Myths about divorce can be damaging. They can lead people to making unwise decisions, or taking actions that they may regret. Instead of taking the advice of friends and family, it is always beneficial to consult with an experienced divorce attorney. A qualified attorney can review your case, fill you in on how the process works, and respond to your questions, and help bust the many myths about divorce. In the meantime, here are a few common divorce myths and the truth behind them.

Myth: You Do Not Need to Hire a Lawyer

Are you technically able to represent yourself in a divorce? Yes. Should you? Definitely not. While some people do attempt to represent themselves, or choose alternatives like divorcing through an app or computer program, these options leave plenty of room for error. Instead, it is always recommended to have the help of an experienced divorce attorney. If you believe you are unable to pay for legal representation, you may be able to require your spouse to pay for your legal fees to ensure that both of you are represented adequately.

Myth: Divorce Equals Conflict

Many divorces are filled with conflict, but they do not have to be. If both you and your spouse are willing to set aside your feelings and work together to achieve a peaceful separation, it is possible. You can choose a litigated divorce but remain civil with each other, or choose another conflict-free option like mediation or collaborative divorce. These alternatives regularly help couples turn their divorce into more of a negotiation than an argument.

Myth: Property Is Always Divided Equally

Illinois, like many other states, follows the principle of “equitable distribution,” meaning that during divorce, property is divided fairly, but not always equally. A judge will take many factors into consideration when dividing a couple's property, and the division is commonly unequal.

Myth: Children Can Choose Where They Live

Judges do often take the feelings and opinions of the children involved into consideration, but they are not required to act on the wishes of the children. A judge will take many factors into account when determining child custody and parental responsibilities. The end goal is always to find a system that is in the children’s best interest, but that may differ from what the children involved request.

Myth: You Must Divorce in the State Where You Were Married

People move from state to state frequently. If you married in Texas, and now live in Montana, you do not need to fly back to Houston to get divorced. Everyone is eligible to divorce in whichever state they reside in, as long as the meet the residency requirements for divorce in their state.

Myth: Attorneys Are All About Creating Conflict to Make More Money

The experienced team of DuPage County divorce attorneys at Pesce Law Group, P.C., offers effective and affordable divorce solutions to fit your needs. Our attorneys are here to serve, and are strong advocates of less expensive and less conflicted divorce options such as collaboration and mediative divorce. We understand that divorce is a difficult process, and we will work vigorously to help you achieve a beneficial outcome without draining you emotionally and financially. If you are considering a divorce, we offer free consultations. Call 630-352-2240 today to speak to a member of our team. We can dispel any divorce fears you may have.


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