5 Common Mistakes to Avoid During Divorce

 Posted on April 14, 2025 in Divorce

While divorce marks the end of a chapter, the decisions you make during the process can impact your future for years to come. Whether you and your spouse are parting on good terms or navigating a more contentious split, divorce is rarely simple. Mistakes made during this time can lead to unnecessary stress, financial setbacks, or unfavorable custody arrangements. By working with an Illinois family law attorney who can help you understand what to avoid, you can protect your rights and make smart choices.

Hiding Assets or Income

Some people may attempt to protect their finances by hiding assets or not reporting income during a divorce. However, both spouses are legally required to fully disclose their assets, debts, and income. Attempting to conceal information can result in court sanctions, loss of credibility, and an unfavorable financial settlement. Therefore, it is important to be honest and transparent in all financial disclosures.

Letting Emotions Drive Decisions

Divorce is deeply personal, but allowing anger, resentment, or guilt to control your decisions can lead to poor outcomes. For instance, some people agree to undesirable custody arrangements or refuse fair settlements just to "get back" at their spouse. Others may rush through the process to avoid conflict, only to later regret their choices.

Keep in mind that divorce is a legal process. Focus on making decisions that serve your long-term interests, especially when it concerns children or finances.

Failing to Understand Parenting Time Rights

In Illinois, child custody and visitation are now referred to as parental responsibilities and parenting time. Some divorcing parents do not fully understand these terms and assume they will automatically get sole custody or equal time, which can lead to unrealistic expectations or disputes. Knowing how parenting time works in Illinois can help parents prepare a more balanced and thoughtful parenting plan.

Under state law, courts consider the child's best interests when determining parenting time. If parents cannot agree, the court will assign parenting time based on factors like the child's needs, each parent’s ability to provide care, and the level of cooperation between the parents.

Ignoring the Impact of Debt

Many people focus on dividing assets during divorce and overlook how debts will be handled. Failing to appropriately address debts in your divorce agreement can lead to long-term financial consequences. 

In Illinois, marital debt is divided just like marital property, even if the debt is only in one spouse’s name. For example, credit card balances or personal loans may still be considered shared responsibility.

Going Without Legal Representation

Some divorcing spouses believe they can save money by handling their divorce on their own, especially if they feel that the process will be uncontested. However, even simple divorces involve legal documents, financial disclosures, and court procedures that can be overwhelming without legal guidance.

A divorce attorney will help ensure your rights are protected, review settlement terms, and help avoid agreements that may not be in your best interest. In the long run, legal representation can prevent costly mistakes and provide peace of mind.

Contact a Kane County, IL Divorce Lawyer

To avoid commonly made mistakes during your divorce, it is essential to work with an Illinois family law attorney. Goostree Law Group is here to help make the process smoother and protect your future. For guidance through every step of the process, call 630-584-4800 to schedule a free consultation. We are here to help you make informed decisions that support your goals and your family’s well-being.