Does it Matter Who Files First in an Illinois Divorce?

 Posted on July 28, 2023 in Divorce

When it comes to filing for divorce, many individuals wonder if there are any advantages or disadvantages to being the first one to file. While it may seem like filing first could provide certain advantages, the reality is that, in most cases, it does not significantly impact the outcome of the divorce proceedings. Illinois is a “no-fault” divorce state, which means that the reason why the divorce is taking place, or who filed first, does not typically play a major role in the resulting settlement. However, it is important to consider various factors and consult with a divorce attorney to ensure the best possible outcome for your specific situation. 

Someone Must Be at Fault, Right?

Regardless of why the divorce is taking place, the only grounds for divorce in Illinois are irreconcilable differences. This means that neither party needs to prove either was at fault for the disintegration of the marriage. Additionally, Illinois law dictates that the court does not favor one party over the other based on who filed first. Rather, the focus is on the equitable division of assets, child custody, and other relevant factors. 

Factors that Determine the Divorce Settlement

Though the act of filing first may not have a substantial impact on the divorce proceedings, other factors can influence the ultimate settlement, including:

• Legal guidance – The choice of a skilled attorney who understands the nuances of Illinois divorce law can significantly affect the outcome. It is crucial to seek legal guidance and representation to maximize the protection of your rights and interests. 

• Communication and negotiation – The ability to communicate and negotiate with your spouse is key to reaching mutually agreeable terms. Professional mediators or collaborative law approaches may be beneficial in facilitating compromises and minimizing conflict during the divorce process. 

• Documentation and financial preparation – Being well-prepared with documented evidence of financial assets, debts, incomes, and other relevant information can impact the division of property, spousal support, and child custody arrangements. 

Contact a St. Charles, IL Divorce Attorney

While filing for divorce first may not have a significant impact on the outcome of divorce proceedings under Illinois law, other factors in your divorce will play an important role in how proceedings play out. Above all, it is important to understand the importance of a divorce attorney and their role in helping you get through the divorce process in a way that ensures the infamously rocky process of divorce can be as smooth as possible. For legal guidance you can depend on, contact the experienced Wheaton, IL divorce lawyers with Goostree Law Group. Call 630-584-4800 for a private consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59