Although no fault implies that no one is to blame for the breakup of a marriage, the emotional turmoil of a divorce often causes one partner to concede their fair share of the marital assets if they are the one leaving the relationship.
The spouse who initiates a divorce may have hopes of ending the relationship as quickly and cleanly as possible and they may even feel guilty about moving on. When they make their intention to leave known, they may become the target for their spouse’s anger and resentment.
In the face of all this, the exiting spouse may feel inclined to give up their rights to marital property including the house, car, retirement’s funds, or other assets just in an attempt to settle things quickly without making any more waves.
However, the best advice is the keep a level head and not let your emotions get in the way of good judgment. What you do now can influence a divorce settlement in unforeseen and irrevocable ways. If you cannot negotiate a fair settlement on your own because you feel bad about leaving your spouse, it is important to get an attorney who can work impartially on your behalf.
The law does not punish the person seeking the divorce in terms of custody of children or the distribution of marital wealth – equitable property division is your right. But remember, as a general rule it is better to work cooperatively with your spouse in a divorce. Strive to be emotionally kind and as forthcoming as possible to your soon to be ex knowing that anger and resentment will make it far more difficult to reach a reasonable settlement. This, of course, is not only the most empathetic approach, but also a strategic one, so that you do not find yourself accepting unfair terms due to guilt or to escape animosity.
If you are considering divorce and have questions regarding Illinois marital and non-marital property division, contact the Libertyville Illinois law offices of Ronald L Bell & Associates for immediate assistance today at 847-495-6000.