How to Prepare for Divorce in Illinois: A Step-by-Step Guide

Deciding to pursue a divorce is a significant personal and legal decision. While every divorce is different, preparing before you file can help you approach the process with greater clarity and a better understanding of the issues that may need to be resolved.

Divorce in Illinois may involve much more than legally ending a marriage. Depending on your circumstances, you may also need to address the division of marital property and debts, maintenance, parenting time, allocation of parental responsibilities, retirement accounts, real estate, and other financial or family-related matters.

Understanding what to expect—and gathering the right information early—can help you make informed decisions throughout the process.

If you are considering divorce in Illinois, the following step-by-step guide can help you prepare.

Step 1: Understand the Illinois Divorce Process

Before taking action, familiarize yourself with the basic requirements for filing for divorce in Illinois.

Illinois law generally requires at least one spouse to have been a resident of Illinois for at least 90 days immediately preceding the commencement of the divorce action, or to have been stationed in Illinois as a member of the armed services for that period. Illinois also requires a finding that irreconcilable differences have caused the irretrievable breakdown of the marriage.

Illinois is a no-fault divorce state, meaning you generally do not need to prove that your spouse caused the marriage to end through misconduct. Instead, the legal process focuses on the breakdown of the marriage and resolving the issues that must be addressed before the divorce can be finalized.

If you and your spouse have lived separate and apart continuously for at least six months immediately before the judgment of dissolution, Illinois law provides an irrebuttable presumption that the irreconcilable-differences requirement has been met.

The process can look different depending on whether you and your spouse agree on the major issues or have disputes that require court intervention.

Step 2: Identify Your Immediate Priorities

Before filing, take some time to identify your immediate priorities.

This is particularly important if you have concerns about your living arrangements, finances, children, or personal safety.

Consider questions such as:

• Where will you live during the divorce?
• How will household expenses be paid?
• What accounts or assets do you currently have access to?
• Where will your children live and attend school?
• How will parenting responsibilities be handled?
• Will you need temporary financial support?
• Are there concerns about domestic violence, harassment, or other safety issues?
• Do you need to secure important documents or personal property?

You do not need to have every answer before speaking with an attorney. However, identifying your most pressing concerns can help your attorney understand your circumstances and discuss potential next steps.

If you have concerns about your safety or the safety of your children, communicate those concerns to your attorney as early as possible. Safety considerations can affect how a case is handled and what legal protections may be appropriate.

Step 3: Gather Important Financial Documents

An important part of preparing for divorce is developing a clear picture of your family’s financial circumstances.

Start gathering copies of financial records before filing whenever it is safe and appropriate to do so.

Documents may include:

• Recent pay stubs
• Federal and state income tax returns
• W-2s and 1099s
• Bank account statements
• Investment and brokerage account statements
• Retirement account statements
• Credit card statements
• Mortgage documents
• Real estate records
• Vehicle loan information
• Business records
• Insurance policies
• Loan documents
• Stock options or restricted stock information
• Records of significant purchases
• Statements for other debts or liabilities

Illinois courts use a standardized Financial Affidavit in family and divorce cases. The form requires financial information and supporting documentation concerning income, assets, expenses, and debts.

Accuracy is important. The Illinois Financial Affidavit warns that intentionally or recklessly providing inaccurate or misleading information may result in penalties and sanctions, including costs and attorney’s fees.

Do not assume that an account or asset is irrelevant simply because it is held in one spouse’s name. An attorney can help you determine which assets and debts may need to be considered and how they may be treated under Illinois law.

Step 4: Make a List of Assets and Debts

Once you have gathered your documents, create an organized inventory of your financial picture.

Separate your list into categories such as:

Assets

• Home and other real estate
• Bank accounts
• Retirement accounts
• Investment accounts
• Businesses
• Vehicles
• Valuable personal property
• Life insurance
• Stock or equity compensation
• Other investments

Debts

• Mortgages
• Credit cards
• Student loans
• Personal loans
• Vehicle loans
• Medical debt
• Business debt
• Other liabilities

Also make note of assets you owned before the marriage, inheritances, gifts, or other property that may have a different legal classification.

Do not move, hide, sell, transfer, or give away marital assets simply because you are preparing for divorce. Significant financial decisions made before or during a divorce can have legal consequences.

Instead, discuss questions about property and finances with your attorney before taking action.

Step 5: Review Your Housing and Budget

Divorce can change the financial structure of a household, so it can be helpful to create a realistic budget for your current and anticipated expenses.

Consider costs such as:

• Housing
• Utilities
• Transportation
• Food
• Insurance
• Healthcare
• Child-related expenses
• School and extracurricular activities
• Debt payments
• Taxes
• Legal fees
• Other recurring expenses

If you expect to move, research realistic housing costs in the area where you intend to live.

This exercise can help you and your attorney better understand your financial circumstances and identify questions that may need to be addressed during the divorce.

Step 6: If You Have Children, Focus on Their Needs

Divorce involving children requires additional planning.

Illinois courts address allocation of parental responsibilities and parenting time, along with financial support obligations. When determining parenting time and allocating parental responsibilities, Illinois law directs courts to consider the child’s best interests.

Start thinking practically about your children’s day-to-day lives.

Consider:

• Where will the children attend school?
• What is their current weekly schedule?
• How will transportation work?
• How will holidays and school breaks be handled?
• What happens during summer vacation?
• How will extracurricular activities be managed?
• How will medical and educational decisions be made?
• How will parents communicate about important decisions?
• What schedule would provide consistency for the children?

Illinois courts provide a standardized Parenting Plan form for cases involving children.

You do not necessarily need to have a complete parenting plan before meeting with an attorney. However, thinking through your children’s schedules and needs ahead of time can make those conversations more productive.

The focus should remain on the children’s needs and best interests rather than using parenting time as leverage in disputes between adults.

Step 7: Understand Potential Support Issues

Depending on your circumstances, your divorce may involve questions about child support and/or maintenance.

Child support and maintenance are separate issues with different legal considerations.

Child support may be relevant when there are children who are entitled to support. Maintenance, sometimes referred to as spousal support, may be relevant depending on the parties’ financial circumstances and the applicable requirements under Illinois law.

Do not assume that one spouse will automatically receive or pay maintenance. Whether maintenance is appropriate, as well as its amount and duration, depends on the circumstances of the case and the applicable statutory factors.

Similarly, child support is governed by Illinois law and depends on the circumstances of the family.

Your attorney can help you understand how these issues may apply to your situation.

Step 8: Review Your Estate Planning and Beneficiary Designations

Divorce can have implications beyond the immediate divorce case.

Consider reviewing:

• Your will
• Trust documents
• Powers of attorney
• Healthcare directives
• Life insurance beneficiaries
• Retirement account beneficiaries
• Investment account beneficiaries
• Bank and financial account designations

Because divorce can affect estate-planning documents and beneficiary designations in different ways, do not assume that filing for or obtaining a divorce automatically changes every designation or document. Some updates may require separate action.

Ask your attorney and, when appropriate, an estate-planning professional which updates may be necessary based on your circumstances.

Step 9: Protect Your Digital and Personal Information

Modern divorce cases can involve substantial digital information.

Take reasonable steps to help protect the security of your:

• Email accounts
• Banking accounts
• Cloud storage
• Social media accounts
• Phone
• Computer
• Online shopping accounts
• Shared subscriptions
• Password manager
• Other accounts containing personal or financial information

Use secure, unique passwords and enable two-factor authentication where appropriate.

At the same time, be careful about deleting, destroying, altering, or concealing information that may be relevant to a legal proceeding. If you have questions about what information should be preserved, ask your attorney before taking action.

Social media posts, messages, photographs, emails, and other digital communications may become relevant in a family law proceeding.

Think carefully before posting or sharing information about your divorce, your spouse, or your children online.

Step 10: Be Careful About Major Financial Decisions

Divorce can create a strong temptation to make immediate financial changes.

For example, you may be considering:

• Selling the marital home
• Opening new accounts
• Closing joint accounts
• Changing beneficiaries
• Making large purchases
• Taking money out of retirement accounts
• Moving significant assets
• Changing employment
• Starting a business
• Taking on new debt

Some changes may be appropriate in particular circumstances, while others can create complications.

Before making significant financial decisions, discuss them with your attorney. Taking a deliberate approach can help you understand the potential legal and financial consequences of a decision before you make it.

Step 11: Consider the Legal Approach That Fits Your Circumstances

Not every Illinois divorce follows the same path.

Some spouses are able to negotiate and reach agreements regarding property, finances, and issues involving their children. Others have significant disagreements that require court intervention.

Depending on the circumstances, possible approaches may include negotiation, mediation, collaborative discussions, or litigation.

Mediation can give spouses an opportunity to work through disputed issues with the assistance of a neutral mediator. However, mediation is not appropriate for every situation, particularly when there are serious concerns about domestic violence, coercion, or an inability to negotiate safely and voluntarily.

Your attorney can help you understand the options that may be available based on your circumstances.

Step 12: Understand What Filing Means

Once a divorce case is filed, the matter becomes a legal proceeding.

Illinois courts provide standardized forms for divorce cases, including petitions, summonses, parenting plans, financial affidavits, and judgments.

Filing a petition is only the beginning. Depending on the circumstances, a divorce case may involve:

• Service or waiver of service
• Financial disclosures
• Temporary issues
• Discovery
• Negotiation
• Mediation
• Court hearings
• Parenting plans
• Property division
• Support issues
• Settlement negotiations
• Court proceedings to resolve disputed issues
• Entry of a final judgment

If spouses cannot agree on matters that must be resolved, the court may be asked to decide those issues.

Understanding this before filing can help you prepare for the possibility that the process may take time and require ongoing participation.

Step 13: Speak With an Illinois Family Law Attorney

Before filing for divorce, consider speaking with an Illinois family law attorney about your circumstances.

A consultation can help you understand:

• How Illinois law may apply to your circumstances
• What issues may need to be resolved
• What documents you should gather
• What financial information may be important
• What options may be available for resolving disputes
• What to expect during the divorce process
• What immediate steps may or may not be appropriate

Every divorce is fact-specific. Information you find online can help you understand the general process, but it cannot account for the details of your particular marriage, finances, children, property, or family circumstances.

A Divorce Preparation Checklist

Before filing for divorce in Illinois, consider whether you have:

☐ Gathered important financial records

☐ Created a list of assets and debts

☐ Reviewed your income and monthly expenses

☐ Considered your housing needs

☐ Thought through your children’s schedules and needs

☐ Identified questions about parenting time and parental responsibilities

☐ Gathered information about retirement accounts and investments

☐ Reviewed estate-planning documents and beneficiary designations

☐ Taken reasonable steps to protect your personal and financial accounts

☐ Preserved potentially relevant documents and communications

☐ Considered immediate safety concerns

☐ Avoided making major financial decisions without first considering their potential consequences

☐ Scheduled a consultation with an Illinois family law attorney

This checklist is intended as a general starting point. The documents, financial information, and other preparation that may be appropriate will depend on the circumstances of your case.

Preparing for Divorce Can Help You Move Forward With Clarity

Preparing for divorce does not mean you need to have every decision made before you begin.

It means taking the time to understand your financial situation, identify your priorities, protect important information, and learn what the legal process may involve.

The more organized you are, the easier it may be to identify the questions that need answers and make informed decisions as your case progresses.

At Masters Law Group, we represent clients in Illinois family law matters, including divorce, mediation, parenting issues, and property-related disputes. We understand that divorce can involve your finances, your home, your children, and other important aspects of your life.

If you are considering divorce in Illinois, contact Masters Law Group to discuss your situation and learn about your legal options.

Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Every family law matter is fact-specific. Reading this article does not create an attorney-client relationship, and no outcome can be guaranteed. If you have questions about your individual circumstances, consult with a qualified Illinois family law attorney. Attorney advertising.