4 Critical Contested Divorce Mistakes to Avoid in Illinois

 Posted on March 20, 2025 in Divorce

 Divorce is often contentious and complicated, and it is seldom easy to navigate its twists and turns. It is even more challenging if you attempt to handle a contested divorce alone. Fortunately, many common contested divorce mistakes in Illinois are easy to avoid with an experienced Illinois divorce attorney advising you.

Misunderstanding of Illinois Divorce Laws

Illinois has a no-fault divorce system. This means that irreconcilable differences are the only grounds for divorce. The no-fault divorce process is more straightforward in some ways than the previous fault-based system, but there are still several legal requirements to be met: 

• At least one spouse must have resided in Illinois for at least 90 days before filing for divorce.

• The Illinois Marriage and Dissolution of Marriage Act governs Illinois divorces, including division of property, parental responsibilities, and alimony. Its many provisions are complex, including the equitable distribution rule, which states that assets must be divided not necessarily 50/50 but based on what is fair under the circumstances.

Rushing the Divorce Process

Divorce is a significant strain on the involved parties, so much so that those who experience it have a 23 percent higher mortality rate. That is why it is understandable when people want the process over as soon as possible. However, if you rush the divorce, one spouse usually receives an unfavorable outcome, especially regarding the division of assets and debts.

Retaining a seasoned divorce attorney in DuPage County, IL early on is essential for ensuring that your rights are represented. Your divorce lawyer will work tenaciously so you receive a fair outcome to any complex divorce issues, such as asset allocation, child custody, visitation, etc.

Overlooking Assets

When getting a divorce, all critical issues must be addressed and resolved. Overlooking important issues can trigger many problems months and even years later. A typical divorce error is when divorcing spouses overlook marital assets subject to equitable distribution. For instance, a forgotten checking account with substantial assets will need to be divided equitably, just like other marital property.

Overlooking a marital asset during a messy divorce virtually guarantees a legal quarrel later. Fortunately, an experienced Wheaton, IL divorce attorney can perform due diligence to uncover all marital property subject to equitable distribution.

Not Considering the Best Interests of the Children 

The child's best interests are paramount in making child custody decisions in Illinois. Parents love their children, but it is easy to lose focus on the kids during a difficult divorce. Not prioritizing your child’s best interests can negatively affect your case.

Remember, parenting time and decisions regarding responsibilities should center on your child’s best interests. The family court will look negatively on one parent badmouthing the other or disrupting the parenting schedule.

Your Illinois divorce attorney will work with you to ensure emotions are kept in check and that you work collaboratively with your ex-spouse to serve your child’s best interests. It is critical to stick to the parenting plan and avoid situations that affect the happiness and stability of the child.

Contact a Wheaton, IL Divorce Attorney Now 

A contested divorce is emotional and complex, but an experienced DuPage County, IL divorce attorney is ready to assist you today. Contact Andrew Cores Family Law Group at 630-871-1002 for a complimentary legal consultation.