The Two Biggest Myths in Divorce and Family Law

Everything is Split 50/50

No, it is not. At least, there is no hard and fast rule that automatically entitles each spouse to one-half of the marital assets. While a 50-50 division typically occurs more often than not, it happens only when it is consistent with equity and fairness. For example, 50-50 would be fair and equitable if both spouses had the same or relatively equivalent earnings. However, if one partner earns $90,000 per year and the other spouse does not work then a 50/50 split would not be equitable. The non-working spouse could be entitled to maintenance (alimony) depending on other circumstances in the marriage.

The Fallacy of Joint Custody

Will County parents seems to have been misled, either by myth or otherwise, regarding the concept of joint custody. It does not mean 50/50 time with the children. It means 50-50 decision making ability for certain child rearing items. “Joint Custody” is just a term and not much more. Within Joint Custody in Joliet or Will County, one party is usually has residential custody, which means that parent lives with the child on a majority basis. In some situations visitation is split equally, but this is rare. The key to ‘Joint Custody’ is that both parents again have equal decision making power in the major life decision of the child.

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