Are There Advantages to Filing for Divorce First in Illinois?  

Divorce is one of the most challenging decisions anyone can face. You may feel overwhelmed, trying to figure out who should make the first move. You might even be tempted to wait for your spouse to file simply to avoid the emotional burden of pulling the trigger yourself. At Arami Law, Inc., our family lawyers bring over 20 years of experience to guide clients through the complexities of divorce. In our experience, filing for divorce first in Illinois can offer key advantages that streamline the process and safeguard your interests. In this post, we’ll discuss why taking prompt action may work in your favor.

Understanding the Concept of Filing for Divorce First

Before jumping into the potential advantages, it’s important to understand what filing first actually means. Filing for divorce first simply sets the legal process into motion. The spouse who files is referred to as the petitioner, while the other spouse becomes the respondent.  

This process begins with submitting the necessary documentation to a local Illinois court, including a Petition for Dissolution of Marriage, and serving those papers to the other party. While Illinois follows a no-fault divorce system—meaning neither party needs to prove wrongdoing—being the filer still offers some practical and strategic advantages.  

Advantages of Filing for Divorce First in Illinois

If you’re weighing whether to file or wait, here are the potential benefits you should consider:  

1. Control Over the Narrative

When you file first, you can decide how the divorce proceedings will begin. By drafting the Petition for Dissolution of Marriage, you can outline your perspective on key issues, such as property division, child custody, and spousal maintenance. This ensures that your position is clearly stated from the outset and influences how the case is framed.  

Additionally, being first allows you to present your case in court (if necessary) before your spouse’s perspective is shared. This gives you a chance to make a strong first impression and to rebut any claims they may bring later.    

2. Jurisdictional Advantage

Illinois law allows divorce petitions to be filed in the jurisdiction where one of the spouses resides. If you and your spouse are living in different counties or states, filing first gives you greater control over where the proceedings will occur.  

This can be especially important if you wish to avoid traveling long distances for hearings or to prevent dealing with less favorable local laws if your spouse resides out of state.  

3. Financial Preservation

Once a divorce is filed, both parties are limited in how they can manage and use marital assets. Filing first ensures your spouse cannot drain shared accounts, incur unnecessary debt, or attempt to conceal assets before the court has oversight.  

It’s estimated that nearly 70% of divorces in the U.S. are initiated by women, often due to having weaker financial positions. Acting swiftly to safeguard your financial footing can make a significant difference in the stability of your future.  

4. Avoiding Sudden Changes for Your Kids

If your divorce involves children, being the petitioner allows you to file a motion requesting that the “status quo” be preserved during the proceedings. This means you can request the court to maintain your children’s current routine—such as staying in their existing school or maintaining their usual parenting schedule—until the final decisions are made.  

This can minimize disruption for your children during an already challenging time.  

5. Securing Professional Resources

When you file first, you gain priority in selecting legal representation and other resources. Ethical guidelines prevent attorneys from representing both parties in a divorce due to conflicts of interest. Acting early ensures you have your pick of experienced legal counsel before your spouse has the chance to form a professional relationship with them.  

Other resources, such as financial advisors or child custody specialists, can also be retained early, giving you a head start in navigating critical aspects of the divorce.    

How to File for Divorce First in Illinois

If you’ve decided that filing first is the best choice, here’s what the process looks like and how you can get started.  

Step 1. Gather Documentation

Start by organizing financial records, such as bank statements, property deeds, investment accounts, and any prenuptial agreements. Also, collect proof of income and employment records for both spouses.  

Step 2. Consult a Family Law Attorney

An experienced attorney will act as your advocate and guide, helping you draft legal paperwork that reflects your needs and priorities. They will also explain Illinois divorce laws and provide advice tailored to your circumstances.  

Step 3. Complete and File Necessary Forms

Work with your attorney to prepare the Petition for Dissolution of Marriage and other required documents. These must be submitted to the appropriate Illinois court, and your spouse will need to be served with a copy.  

Step 4. Outline Desired Outcomes

Make your key issues clear, including how you’d like to divide assets, parenting responsibilities, or spousal maintenance. Your attorney will help ensure these requests are formalized properly.  

Take the First Step Toward a Better Future

Ending a marriage is never easy, but taking control by filing for divorce first can provide the clarity and foundation you need to build a brighter future. From protecting your financial stability to preserving your role in your children’s lives, this strategic decision can make all the difference in a challenging process.  

At Arami Law, Inc., we’re committed to helping individuals in Illinois navigate their divorces with confidence and care. If you’re considering filing for divorce, reach out to our team today. We’ll help you start this next chapter on the strongest footing possible.