Offering Answers To Key Questions About Divorce
Divorce is emotionally and financially devastating. With between 40 and 50 percent of all marriages ending in divorce, it is important that everyone has some knowledge about how a divorce works and how to protect oneself during a divorce.
At The Law Office of Marjorie Sher, I know that many people are frightened by the unfamiliar. I also understand that knowledge is empowering. I work to provide divorcing people in Lake County with the answers they need to approach the divorce process with confidence.
About What Divorce Misconceptions Should People Be Aware?
MYTH – If I leave my house, I give up my right to any share of the equity in the home because I am, in essence, abandoning my house.
FACT – Generally, anything purchased during the marriage is marital regardless of who currently possesses the item. If the home was purchased during the marriage, you are entitled to a share of its equity, and you do not abandon this share simply by moving out.
MYTH – I stayed home to raise our children, so I can expect less than 50 percent of the assets from the marriage because I contributed less financially.
FACT – While you may believe that you will receive less, the very opposite may be true. The court must consider certain factors, including your contribution to raising the children, during divorce. If you sacrificed your career by staying home, you may be compensated for that sacrifice with a greater share of the marital property or by your spouse paying maintenance (formerly known as alimony).
MYTH – If a car, a house or debt obtained during the marriage is in my name alone, it is mine alone.
FACT – Anything obtained during the marriage is marital property regardless of the name on the title, deed or bill. However, if your spouse acquired debt for something unrelated to the marriage, such as a gift to another person or to fund an addiction such as drugs or gambling, that debt might be separate property.
MYTH – I cannot move from the home with our children.
FACT – During your marriage, both you and your spouse have 100 percent rights to your children, and you may leave the home with your children. However, if staying in their existing home and school district is in the best interest of your children, the court may order you to return them.
MYTH – My spouse and I cannot leave the state of Illinois with my children for vacation.
FACT – While neither spouse may permanently remove the minor children from the state of Illinois without consent of the other parent or the court, the same is not true for vacations. Either spouse may travel with their children as long as the other has their address and phone number for contact in emergencies.
MYTH – Credit card companies cannot try to collect from me if that debt was awarded to my spouse.
FACT – The credit card company may attempt to collect from either you or your spouse or both of you after a divorce. However, if the credit card company collects payment from you on a debt awarded to your spouse in the divorce decree, you may be able to sue your ex-spouse for those funds.
Contact Me For Additional Information
Many people have misconceptions about their rights and the divorce process, and working with an experienced attorney can offer essential information and answers to your questions. Reach out to me through my online contact form or by phone at 847-249-2830.