Deciding to file for divorce is a significant decision that can impact many aspects of your life, from finances to your children’s well-being. In Illinois, divorce is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5 et seq.), which outlines specific requirements and processes. Preparing yourself before filing can make the legal process smoother and help protect your interests. Taking the right steps now can help you feel more confident as you move forward.
When contemplating divorce, there are several legal and practical issues to address. From gathering financial information to understanding your legal rights, thorough preparation ensures that you are ready for what lies ahead. Filing for divorce isn’t just about ending a marriage; it’s about laying the groundwork for the next chapter of your life.
Understand Illinois Divorce Reqirements
Before filing for divorce in Illinois, it’s essential to understand the state’s requirements. Illinois is a no-fault divorce state. This means neither party has to prove fault to dissolve a marriage. To file for divorce in Illinois, at least one spouse must have lived in the state for 90 days prior to filing.
Organize Your Financial Information
One of the most critical steps before filing for divorce is gathering and organizing financial records. Illinois courts require a complete picture of your financial situation to determine property division, child support, and spousal maintenance. Collect documents such as:
- Bank statements
- Tax returns
- Pay stubs
- Retirement account statements
- Mortgage and loan information
This information will help your attorney assess your financial situation and advocate for a fair settlement.
Evaluate Custody and Parenting Plans
If you have children, consider their needs and your goals for custody and parenting time. Illinois law focuses on the child’s best interests when determining parental responsibilities and parenting time under 750 ILCS 5/602.7 et seq. Begin thinking about how you and your spouse can co-parent effectively and what arrangements will work best for your family.
Protect Your Assets and Credit
Before filing for divorce, take steps to protect your financial future. Open separate bank accounts, monitor your credit report, and consider freezing joint credit cards to prevent unnecessary debts. It’s also a good time to take inventory of marital assets and determine what is subject to division under Illinois’ equitable distribution laws.
Consult Our Divorce Attorneys
Speaking with one of our Chicago divorce attorneys is crucial before filing for divorce. Your attorney will explain your rights, discuss your goals, and guide you through the process. An attorney can also help you develop a strategy to address property division, spousal maintenance, and child custody.
Illinois Divorce Frequently Asked Questions
What Are the Residency Requirements For Filing For Divorce In Illinois?
Illinois law requires at least one spouse to live in the state for 90 days before filing for divorce. This ensures the court has jurisdiction to handle the case.
How Is Property Divided In An Illinois Divorce?
Illinois follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. Courts consider factors such as the length of the marriage, contributions of each spouse, and future earning potential under 750 ILCS 5/503 et seq.
What If My Spouse and I Agree On Everything?
If you and your spouse agree on all issues, you may qualify for an uncontested divorce. This can save time and money, but it’s still important to have an attorney review the agreement to ensure your rights are protected.
How Is Child Custody Determined In Illinois?
Illinois courts prioritize the child’s best interests when determining custody and parenting time. Factors include each parent’s relationship with the child, the child’s needs, and each parent’s ability to cooperate under 750 ILCS 5/602.7 et seq.
What Steps Should I Take To Prepare Financially For A Divorce?
Gather financial records, open a separate bank account, monitor your credit, and consider freezing joint credit accounts. This ensures you have a clear understanding of your financial situation and helps protect your future.
How Long Does The Divorce Process Take In Illinois?
The timeline varies depending on the complexity of the case. An uncontested divorce may take a few months, while contested cases can take a year or longer to resolve.
Do I Need An Attorney For An Uncontested Divorce In Illinois?
While you’re not required to have an attorney, it’s highly recommended. An attorney can ensure all paperwork is completed correctly, protect your rights, and identify potential issues before they arise.
Contact Our Chicago Divorce Attorney For Your Free Consultation
If you’re considering divorce in Illinois, preparation is key. At Bruning & Associates, P.C., we understand the challenges you’re facing and are here to provide the legal support you need. Our experienced team will guide you through every step of the process to protect your interests and help you move forward.
Contact our Chicago divorce attorney at Bruning & Associates, P.C. by calling (815) 455-3000 to receive your free consultation. With offices in Chicago, Crystal Lake, and Schaumburg, we serve clients throughout the Chicagoland metro area. Let us help you start this next chapter with confidence and clarity.