You haven’t filed your divorce yet, but you’re planning to. There are steps you can take ahead of time to help you prepare. While some of these steps you can take on your own, it is also advisable to get representation early to make your preparations more effective and efficient.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help you get ready for this next stage of life and file your divorce the right way.
Understand Illinois Divorce Requirements
Before it’s time to file, you’ll want to make sure you meet some of the basic legal requirements to file your case. At least one of you needs to have lived in Illinois for at least 90 days prior to filing your complaint for divorce. If the status of your living situation is unique, consult your attorney about how to comply with this requirement.
Under Illinois law, your divorce is considered a no-fault divorce. This means you only have to show irreconcilable differences, and there is no need to plead other grounds like cruelty or adultery. If you have been living separate and apart for at least six months, the court will presume you have irreconcilable differences.
Know What You Want Before You File
Before you get started, take some time to think about what matters most to you. Divorce is a complex process that will touch nearly every part of your life, such as your:
- Finances
- Parenting
- Housing
- Long-term planning
- Retirement assets
- Property
Consider questions such as:
- What parenting schedule would work best for your children?
- Do you want to keep the marital home, or would selling it be more practical?
- How will you support yourself financially during and after the divorce?
- Are there assets or debts you are particularly concerned about?
Gather and Organize Financial Documents
You need to be honest and transparent about your finances. Neither party is allowed to hide assets or debts. Financial documents help show the truth of everything, so you should collect and organize the following:
- Tax returns from the past three years
- Pay stubs and income statements
- Bank, credit card, and loan statements
- Retirement and investment account records
- Mortgage documents and property deeds
- Insurance policies
- Business financials, if applicable
Assess Your Living Situation
Think about who is going to live where. Some people can successfully live together during the early parts of a divorce, while for others that is not a great idea. Temporary orders at the beginning of a divorce may help settle matters, but you’ll also need to deal with the practical aspects of your changing lives.
If you think you’ll move out, consider the financial aspects of that. Know how much you can afford to pay for an alternative place to live, and whether it will affect any children you have.
Protect Your Financial Stability
Divorce often brings financial uncertainty, so taking steps to protect yourself is essential. Consider:
- Opening a separate bank account for your income
- Updating passwords on financial and personal accounts
- Monitoring joint accounts for unusual activity
- Reviewing your credit report for accuracy
Prepare for Co-Parenting
If you have kids, you need to be ready for what co-parenting is going to look like. Illinois requires you to create a parenting plan. This happens as part of the divorce, and is best done with your attorney already in place. However, you can start to think about:
- Your kids’ daily routines
- Their needs
- Whether any child has special needs
- How medical decisions will be made
- How children will get to school
- What realistic parenting schedule is good for the kids
In the divorce, the court will look at what is best for your children. However, if both parents can agree, you can incorporate what is best for everyone’s schedule and the kids’ well-being at the same time.
Take Steps Now to Prepare for Your Illinois Divorce
There are steps you can take right now. First, speak to an attorney about your planned divorce so you know the right steps to take. We help guide you from before you file and through the rest of your journey. At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.