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As divorce attorneys in Downers Grove, we understand that divorce is one of the most stressful experiences a person can go through. Emotions run high, decisions must be made quickly, and every choice has long-term consequences for your family and your finances. Too often, we see clients make mistakes that could have been avoided with proper planning and legal guidance. Illinois divorce law provides a framework for how property is divided, how support is awarded, and how custody is decided, but missteps along the way can harm your case. By recognizing the most common errors, you can protect yourself, your children, and your financial future.
One of the most frequent mistakes we see is assuming that property is automatically divided equally in Illinois. Under 750 ILCS 5/503, Illinois follows the principle of equitable distribution. This means marital property—assets and debts acquired during the marriage—is divided fairly, but not necessarily 50/50. Non-marital property, such as inheritances, gifts, or assets acquired before marriage, generally remains with the original owner.
If you do not properly document what is marital and what is non-marital, you risk losing property that should rightfully remain yours. Preparing clear financial records and understanding the law are critical steps in avoiding this mistake. Also, it is possible to make non-marital assets into marital assets by co-mingling them. Bottom line, division of marital assets is very nuanced and complexed and should be reviewed by an attorney experienced with this analysis.
Another common error is failing to prepare for maintenance, also known as spousal support. Under 750 ILCS 5/504, the court considers many factors to determine this. Some are, income, the standard of living during the marriage, the length of the marriage, and earning capacity when deciding whether maintenance is appropriate. Illinois law provides formulas to calculate the amount and duration of maintenance in many cases, but the judge may adjust based on circumstances.
Some spouses either underestimate their potential obligation to pay support or assume they are automatically entitled to receive it. Both assumptions can lead to disappointment. Understanding the guidelines and how they apply to your situation prevents unexpected financial burdens.
Child-related issues are often the most emotional part of a divorce. Under 750 ILCS 5/602.7, Illinois courts allocate parental responsibilities and parenting time based on the child’s best interests. Mistakes such as using children to punish the other parent or refusing to cooperate with parenting schedules can harm your case. Judges want to see parents encouraging healthy relationships between the child and both parents whenever possible.
Child support is calculated under 750 ILCS 5/505 using an income shares model, which considers both parents’ incomes and the amount of parenting time. Misunderstanding how these calculations work can cause conflict and financial strain. Just as with maintenance calculations, overestimating or underestimating payments can lead to drastic results.
Child support also does not cover other basic child-related expenses like daycare, medical co-pays, extracurricular, and school fees. This all need to be taken into account when analyzing child support calculations.
Finally, though child support itself may end when the child graduates high school, then the parties will need to consider what, if any, contributions should be made to college tuition costs.
Some spouses believe they can protect themselves by hiding money or underreporting income. This is a serious mistake. Illinois requires full financial disclosure in divorce proceedings, and courts have the authority to impose penalties when assets are hidden. Under 750 ILCS 5/501, temporary relief and discovery rules allow us to request detailed financial information.
If a spouse is caught hiding assets, the judge can award a larger share of marital property to the other spouse as a penalty. Spouses may also try to change the type of asset from a liquid asset to a non-liquid asset thinking that that will save it from being divided up. That is just changing the type of asset, not a person’s right to their equitable share.
Divorce cases involve strict deadlines for filing petitions, responses, and discovery documents. Missing these deadlines can result in default judgments or unfavorable rulings. Missing these deadlines can provide an opening for your spouse’s lawyer to seek fines or attorney’s fees. Oftentimes times that can be easily avoided by timely compliance with discovery requests.
Even if you feel overwhelmed, staying on top of the legal process ensures that your voice is heard and your rights are protected. But far too often, people let the amount of information sought overwhelm them and that causes them to ignore deadlines. Ignoring the deadlines doesn’t absolve your obligations under the law; it just compounds them.
Finally, one of the biggest mistakes we see is allowing emotions to dictate decisions. Divorce is emotional, but decisions about property, custody, and support must be based on law and long-term goals. Acting out of anger or fear can lead to agreements that harm you financially or limit your parenting rights. Working with attorneys helps keep the focus on practical solutions that protect your future.
Under 750 ILCS 5/503, marital property includes assets and debts acquired during the marriage. Non-marital property includes assets owned before marriage, inheritances, and gifts. Proper documentation is key to proving whether the property is marital or non-marital.
Illinois uses equitable distribution, meaning property is divided fairly, not necessarily equally. The court considers contributions by each spouse, economic circumstances, and the length of the marriage. Failing to understand this can cause unrealistic expectations or the loss of assets you might be entitled to under the law.
Under 750 ILCS 5/504, Illinois courts apply statutory formulas in many cases to calculate maintenance. For marriages under 20 years, the formula determines the length of support, while longer marriages may result in longer-term or even permanent maintenance. Judges may adjust based on fairness. Often times the Judge analysis and evaluation of support turns on the particular facts of each specific case. If the Judge is not presented with all the relevant facts, you may miss out on assets you might otherwise be entitled to.
Hiding assets is illegal and can lead to severe penalties. Courts can award the other spouse a larger share of property, impose sanctions, and require you to pay attorney’s fees. Full disclosure is always the safest approach.
Custody no longer exists. Instead the law recognizes an allocation of parenting time and/or the allocation of parental responsibilities. Both of these concepts focus need to account for , the best interests of the child as set forth under 750 ILCS 5/602.7. The court considers the child’s needs, the parents’ ability to cooperate, and the willingness of each parent to encourage a relationship with the other parent. As with any financial analysis the Court must undertake, the Court might reach a very different conclusion based upon the facts presented, or not presented.
Child support is calculated under 750 ILCS 5/505 using an income shares model. The formula takes into account both parents’ incomes and the amount of parenting time. Additional expenses such as health care, education, and childcare may also be divided between parents.
Missing deadlines can result in default judgments or the loss of your right to present evidence. Illinois courts enforce deadlines strictly, so it is important to stay organized and work closely with your attorney to meet every requirement.
Decisions made out of emotion often create long-term problems, such as unfavorable property settlements or parenting agreements that do not serve your child’s best interests. Focusing on long-term goals ensures a stronger outcome.
At SBK Law Group, we help clients avoid the most common mistakes that can harm their divorce case. From property division to custody and financial planning, we are committed to protecting your rights and preparing you for the future.
Contact the Downers Grove divorce lawyers at SBK Law Group today at 630-427-4407 to schedule your consultation. We represent clients in Downers Grove and throughout Chicago from our office in Downers Grove, Illinois. Let us help you move forward with confidence by avoiding costly mistakes during your divorce.
