Should You File for Divorce Together or Separately?

 Posted on September 27, 2025 in Divorce

When a marriage ends, many couples find themselves wondering how exactly they should begin the divorce process. In Illinois, divorce begins with the filing of a petition for dissolution of marriage. Some people ask whether they should file for divorce together with their spouse, as a "joint action," or if one spouse should file separately. The answer depends on your situation, your ability to work together, and what you want the process to look like.

Deciding how to file is an important step that can affect everything from how much a divorce costs to how long it takes. Since Illinois family law has changed a lot in recent years, especially after major changes in 2016, understanding your options can help you start on the right foot. Call our Wheaton, IL divorce lawyers today to learn which type of filing is right for you.

Can You File for Divorce Together in Illinois?

Illinois law lets spouses file for divorce together, or "jointly." This process is often called a "joint simplified dissolution of marriage." However, it is only available if you meet certain requirements under 750 ILCS 5/452. To qualify, you must both agree that the marriage cannot be saved, and you must meet specific financial and family conditions.

The most important requirements are that you do not have any children and that you have been married for less than eight years. Beyond that, neither spouse can own property or have investments worth more than $10,000. You cannot ask for alimony (spousal maintenance in Illinois) and you need to agree about how to divide your money and debt. 

If you meet these criteria, you can file together and submit a joint petition. This process is generally faster and less expensive than a traditional divorce.

What If You Do Not Qualify for a Joint Simplified Divorce?

Most couples in DuPage County do not meet the requirements for a simplified divorce. If you have children, own property, or have been married for a long time, you cannot use this option. In that case, one spouse must file the initial petition for divorce, and the other spouse responds.

Even though you cannot file jointly in these situations, you can still approach your divorce cooperatively. Many couples choose mediation or collaborative divorce to reduce conflict, even when the case begins with one person filing separately.

How Filing for Divorce Separately Works

When one spouse files for divorce, he or she becomes the "petitioner." The other spouse is called the "respondent." Filing separately does not mean the process has to be hostile. In fact, many spouses in DuPage County file this way and still reach settlement agreements without going through a long trial. Filing separately is simply the default process in Illinois unless you qualify for the simplified joint option.

The petitioner files paperwork with the court, and the respondent is served with notice of the case. From there, the case proceeds through negotiation, mediation, or trial if necessary. Very few divorce cases go to trial as of September 2025. The vast majority settle beforehand. 

Benefits of Filing Together

When a couple qualifies for a joint simplified divorce, the benefits are clear. Filing together can let you:

• Save money on legal fees and court costs.

• Save time by skipping unnecessary steps like serving the other spouse with papers.

• Reduce conflict because you are working together from the beginning.

• Give peace of mind that both spouses are on the same page.

For younger couples with no children and limited property, this can be an efficient way to move forward. However, filing separately has its advantages as well. Filing separately may:

• Allow one spouse to move the process forward even if the other does not want a divorce or will not cooperate.

• Give the spouse who files more control over timing.

• Protect a spouse who needs court orders for temporary support or parenting time.

• Provide a clear legal path for cases involving significant property or disagreements.

In many divorces, filing separately is the only realistic option, especially when there are children. Businesses, retirement accounts, or disagreements over alimony can make filing separately necessary as well.

Whether you file together or separately, the level of cooperation between you and your spouse is what makes the biggest difference. Couples who work together to reach agreements often spend less time in court and have less stressful divorce proceedings. Judges encourage settlement when possible, and mediation is often required in cases involving children.

Spouses who can agree on custody, child support, property, and alimony will have more control over their divorce than those who let the court decide. Filing together may only be an option in limited cases, but cooperation is always possible if both spouses are willing.

Why Having a Lawyer is Important Even for a Joint Simplified Divorce

Filing for divorce is not just about paperwork. It is about protecting your rights, your finances, and your future. Even if you and your spouse get along, mistakes in filing can cause delays or future disputes. Having an experienced attorney review your situation can ensure you choose the right approach.

At Goostree Law Group, we take good care of all of our clients, no matter how they choose to file. We will always explain whether you qualify for a joint simplified divorce and why it may or may not be a good idea for you. We will also guide you through the filing process if you need to file separately. An attorney will be there to represent you closely in mediation, negotiations, and court hearings so your interests are protected. With free consultations and a trusted team of attorneys, you can get the advice you need before making big decisions about your divorce.

Contact a DuPage County, IL Divorce Attorney

If you are thinking about a divorce, take the time to understand your options before you do anything. Whether you file together or separately, the right attorney will help you avoid mistakes and reduce stress. Contact a Wheaton, IL divorce lawyer at Goostree Law Group today to schedule your free consultation. Our experienced and respected team will work with you to protect your rights and guide you toward the best outcome. Call us at 630-584-4800 to get started.