Does It Matter Who Files for Divorce First in Illinois?

Filing for divorce can be a daunting and life-altering decision. If you find yourself considering this step, it’s important to understand the procedures and factors that may come into play during the divorce process. You may be wondering if it matters who files for divorce first in Illinois. In this blog post, we will explore the answer to this question and provide you with valuable insights and guidance.

The Basics of Filing for Divorce in Illinois

Before delving into the question at hand, let’s first understand the basic procedures for filing for divorce in Illinois. Firstly, to file for divorce in Illinois, either you or your spouse must have resided in the state for at least 90 days prior to filing. This residency requirement ensures that Illinois has jurisdiction over the divorce proceedings.

In terms of grounds for divorce, Illinois is a no-fault state, which means that neither party needs to prove wrongdoing or assign blame for the breakdown of the marriage. The most common ground cited for divorce in Illinois is “irreconcilable differences,” indicating that the marriage has irretrievably broken down and there is no chance for reconciliation.

The Advantages and Disadvantages of Filing First

Now, let’s address the question of whether it matters who files for divorce first in Illinois. While being the first to file does not guarantee any specific advantages or disadvantages, it can potentially have an impact on certain aspects of the divorce proceedings.

Property Division

One potential advantage of being the first to file for divorce is that you may have some control over where the case is heard. This means you could choose a jurisdiction that is more favorable to your interests, such as a court known for its equitable division of property. However, it’s important to note that Illinois follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally.

Spousal Support

Being the first to file may also give you the opportunity to present your case for spousal support, also known as maintenance or alimony before your spouse does. This can be advantageous if you believe you are entitled to financial support during or after the divorce. However, the court will evaluate several factors to determine the need and amount of spousal support, regardless of who files first.

Practical Advice for Filing for Divorce in Illinois

Now that we’ve discussed the potential advantages and disadvantages of being the first to file for divorce let’s provide some practical advice for individuals who are considering filing in Illinois.

1. Consult an Experienced Attorney: Divorce can be emotionally charged, complex, and legally challenging. Seeking guidance from an experienced divorce attorney, like the team at Arami Law, Inc., can help you navigate the process with confidence and protect your rights.
2. Gather Financial Documents: Before filing for divorce, gather all essential financial documents, including bank statements, tax returns, mortgage documents, and investment account statements. These documents will be crucial when determining property division and spousal support.
3. Protect Your Financial Interests: If you anticipate a divorce, take steps to protect your financial future. This may include closing joint accounts, securing personal funds, and documenting any financial contributions you have made to the marriage.
4. Focus on Communication and Cooperation: While emotions may run high during divorce proceedings, maintaining open and respectful communication with your spouse can lead to better outcomes. Consider engaging in mediation or negotiation to find mutually beneficial solutions.

Contact an Experienced Attorney

Every divorce case is unique, and the outcome will depend on the specific circumstances involved. By working closely with a skilled attorney and following these practical tips, you can position yourself for a favorable outcome and successfully navigate the divorce process in Illinois.

At Arami Law, Inc., we understand the challenges you may be facing during this difficult time. Our team of experienced and knowledgeable attorneys will help you protect your rights and best interests throughout the divorce process. Contact us today for a consultation to discuss your case.