FAQs

Things You Should Know If You’re Considering Divorce & Common Misconceptions

If you are contemplating divorce, you’re bound to have questions. The dissolution of marriage is an emotionally and financially taxing process and it helps to know the facts ahead of time so that you know what to expect.

  1. If you have children, the non-custodial parent will likely be assigned child support payments. Child support is determined by state-mandated percentages of net income, anywhere from 20% of net income for one child to 50% of net income for six or more children. These percentages can be adjusted by a judge under special circumstances.
  2. Retirement and pension plans are joint property in a marriage. This means that a husband’s retirement savings are divided between the partners in the event of divorce.
  3. Debt accrued during the marriage is the responsibility of both partners, regardless of who incurred it. Just as the division of assets is split among the spouses, so are the debts.
  4. “Grounds” for divorce (adultery, violence, etc.) do not affect property distribution. Even if one partner cheats on the other, the property is still divided equitably. Child custody is likewise not affected by marital misconduct or other grounds for divorce.

Common Misconceptions

Property division is a big part of the divorce process, and many people have misconceptions about how this works. Here are some common misconceptions about divorce and division of property:

“I bought it, therefore it’s mine.” Not true. In marriage, regardless of who bought an item, anything purchased while married is marital (joint) property. This means that it is subject to division under the divorce decree.

“It’s under my name/I hold the title, therefore it’s mine.” Not true. Holding the title to a piece of property does not exempt it from property division unless it was owned prior to the marriage (and even that rule doesn’t always apply).

“The divorce process takes years to complete.”The actual petition process for the dissolution of marriage is very short. The division of property, child custody arrangements and other factors are what can make the process longer. However, we will work to expedite your divorce to help you get back on your feet as quickly as possible.

At the Law Offices of Gina G. Pattermann. P.C., we work with you to come to a fair, equitable solution to your family law matters. We have been handling these types of cases for more than a decade and we are respected throughout DuPage, Will and Cook Counties. Contact us to set up a free consultation today. We can also be reached by phone at (630) 493-1100.