Should You File for Divorce First in Illinois?

 Posted on October 17,2024 in Divorce

When a marriage ends, the decision to pursue a divorce is often filled with uncertainty and emotional difficulty. One of the initial questions that may arise is whether to file for divorce first or wait for the other spouse to take that step. This decision is more important than many people realize, as filing first can offer strategic advantages for legal positioning and financial protections. A skilled Illinois family law attorney can help you navigate this complex decision.

What Are the Legal Advantages of Filing for Divorce First?

Being the first to file for divorce can offer significant legal benefits, especially when it comes to deciding preferred terms for matters such as child custody, spousal support, and property division. Other possible advantages include: 

• Choosing Jurisdiction: In some cases, filing first allows you to choose the county where the case will be heard, which can be an advantage in terms of travel, convenience, and even local court rules.

• Setting the Tone: The spouse who files first, known as the "petitioner," can shape how the divorce is presented to the court. In Illinois, the grounds for divorce are typically "irreconcilable differences," but the petitioner can outline the facts that support their case.

Can Filing First Help Protect Your Finances?

Filing for divorce first offers several financial protections. Specific measures can be taken to protect your assets and provide financial support, along with other advantages like: 

• Preventing Asset Dissipation: By filing first, you can request a temporary restraining order that prevents your spouse from selling, hiding, or otherwise dissipating marital assets. 

• Requesting Temporary Support: If you file first, you can also ask for temporary spousal support or child support to help ensure financial stability while the divorce is pending.

Are There Psychological or Emotional Benefits to Filing for Divorce First?

Taking the initiative to file first may help you feel more in control of the situation and provide other psychological advantages such as: 

• Feeling Empowered: Filing first may give you a sense of empowerment, as you are taking the first step in ending the marriage. This can be especially important if your relationship has been strained for a long period of time.

• Avoiding the Element of Surprise: By filing first, you avoid the uncertainty of wondering when, or if, your spouse will file. This can give you more time to emotionally prepare and organize your legal strategy.

Are There Any Disadvantages to Filing First?

Although filing for divorce first offers many advantages, it is not without potential drawbacks. The decision to file first should be carefully weighed, and there may be reasons to wait for your spouse to initiate the process, including:

• Higher Filing Fees: In Illinois, the petitioner is typically responsible for paying the initial filing fees, which can be several hundred dollars. While these fees are usually small compared to the overall cost of a divorce, they are still a consideration.

• Setting the Tone for Conflict: In some cases, being the first to file can escalate tensions between you and your spouse, particularly if they feel blindsided by the filing. This can make negotiations over child custody or asset division more difficult.

Contact a Kane County Divorce Attorney

If you are considering filing for divorce, an experienced St. Charles, IL family law attorney at Goostree Law Group can help you understand the potential advantages and how Illinois law applies to your case. Contact our office today at 630-584-4800 to schedule a free consultation.