Two Common Divorce Myths

 Posted on December 00, 0000 in Division of Property

Like many other legal fields, divorce is a complex process that can be emotionally overwhelming. Adding to the confusion are the many myths that circulate the Internet. Because each case is unique, the outcome of one person’s divorce is not a good indicator of what yours will yield.

Sometimes, acting upon divorce myths can compromise your interests. For example, many husbands believe that the mother automatically will receive custody of the child, so they do not attempt to fight for custody. The truth, though, is that the courts do not view the mother as the default parent. Consulting a family lawyer is the easiest way to separate fact from fiction when it comes to divorce.

Myth 1: Prenuptial Agreements Are Permanent and Non-Negotiable

Prenuptial agreements, or “prenups,” are popular among wealthier individuals. The goal of signing a prenup is to protect a person’s wealth and assets if the couple decides to divorce.

Few people understand that these agreements are not immune to legal scrutiny. There are two common reasons why the courts may throw out a prenup: The first is if one spouse can prove he or she signed the agreement under duress or coercive circumstances. The second often involves a violation of particular requirements associated with a prenuptial agreement.

Myth 2: The Mother Is the “Default” Parent during a Custody Dispute

A very common misconception about divorces that involve child custody is that the mother is the default parent unless she is “unfit.” Another variation on this myth is that joint custody is the default arrangement. Both of these are untrue as outlined by the Illinois General Assembly. In every custody case, the court will review a variety of factors to reach a decision that will support the children’s best interests.

Family Law in DuPage, Illinois

If you wish to speak with an experienced DuPage divorce attorney, contact the Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule a consultation.