Will My Illinois Divorce Be Affected by Who Files First?

 Posted on March 08, 2024 in Divorce

The first official step that needs to be taken when a couple understands that they want to begin divorce proceedings is to file for divorce. You might worry that if your spouse files for divorce first, it could somehow influence how it will play out. In truth, this does not have much of an impact. This article will explain why. If you have any further questions about whether your divorce will be affected by whoever files for divorce first, a knowledgeable St. Charles, IL divorce lawyer can offer more detailed explanations.

Will I Seem Guilty if My Spouse Files for Divorce?

It used to be that a spouse who wanted to get a divorce needed to offer grounds, meaning they had to explain why they wanted to end their marriage. The state of Illinois changed this requirement, and now the only acceptable grounds for divorce are irreconcilable differences. Neither spouse is blamed for the breakdown in the relationship, and the resulting divorce settlement reflects this as well. Since Illinois divorce proceedings do not include placing blame on either spouse, there is no need to worry that if your spouse files first, it can make it seem like they are the injured party, and you should be punished in your settlement. it does not matter who files first; any arrangements for child custody, asset division, and other aspects of the divorce will be decided without any consideration for who filed.

What Can I Do to Help My Settlement?

Whoever files first for divorce is not a factor that will have a significant influence over your divorce. However, several factors are influential, including:

• Communication: If you can communicate openly and honestly with your spouse, it can have a significant impact on your divorce settlement because it increases the chances that you will come to a mutually acceptable agreement. This is much harder to accomplish when you do not express and understand what you both want. 
• Find trustworthy legal representation: Good legal guidance can make a big difference in getting a divorce settlement you can feel comfortable with. It is important to feel like you can trust your lawyer to put your interests first and help you navigate the process.
• Preparation: Having all your documentation and financial records in order and understanding things like your financial situation, what assets need to be divided, and what your children need can have a major impact on how smoothly your divorce is finalized.

Contact a St. Charles, IL Divorce Attorney

If you are about to get a divorce and you have questions about the process, an experienced Kane County, IL divorce lawyer can offer invaluable guidance and help walk you through it. At Goostree Law Group, we offer free consultations so schedule yours by calling 630-584-4800.