You’re thinking about filing for divorce. Maybe you’ve been thinking about it for months, or maybe the decision came suddenly. Either way, you’re probably wondering where to even start. Illinois has specific requirements that’ll affect how your case unfolds, and knowing these basics now can save you headaches later.
You Need To Meet Residency Requirements First
Here’s something people often overlook. At least one spouse must have lived in Illinois for 90 days before you can file. That applies to the county where you’re filing too. Just moved here? You’ll have to wait until you hit that 90-day mark. The court won’t just take your word for it. Keep your lease agreement, utility bills, or driver’s license handy as proof.
Illinois Doesn’t Require Fault Anymore
Illinois is a no-fault divorce state, which means you don’t need to prove your spouse did anything wrong. There’s only one ground for divorce now: irreconcilable differences. The law assumes these differences exist if you and your spouse have lived separately for six months, but you can waive that waiting period if you both agree. Some couples still live under the same roof during this time. The court might accept that, depending on your circumstances, though it gets complicated.
Start Gathering Financial Documents Now
Before you meet with Merel Family Law or schedule any consultations, get your financial records organized. You’re going to need them, and having everything ready makes the process smoother. Start with these:
- Your tax returns from the past three years
- Bank statements for every account you have
- Investment and retirement account statements
- Recent pay stubs and other income documentation
- Credit card statements showing current debts
- Mortgage statements and property deeds
- Business financial records, if you own a business
Protect Your Financial Position Right Now
Once you’ve decided to divorce, you can’t just ignore your finances and hope everything works out. Open individual bank accounts if you don’t already have them. But don’t drain joint accounts without talking to an attorney first. That can backfire badly. Check your credit reports. Consider freezing joint credit cards so nobody racks up new charges. Take photos of valuable items and document account balances. You’ll want this record later.
Think About Your Children’s Future
If you’ve got kids, Illinois courts will focus on their best interests when making decisions. The state doesn’t use the word “custody” anymore. They call it “parenting responsibilities” now. Courts look at your relationship with the children, how well they’re adjusted to home and school, and whether you’re willing to support their relationship with the other parent. You should think about what parenting arrangement makes sense for your family. But stay flexible. Courts make the final call based on what’s best for the kids, not what’s most convenient for you.
Moving Out Isn’t Required
You don’t have to move out before filing. Plenty of couples stay in the same house during divorce proceedings. If you do decide to leave, that won’t automatically hurt your case or mess up property division, but it can affect other things. Temporary custody arrangements often depend on where everyone’s living. Who pays the mortgage or rent might shift. A Troy family lawyer can walk you through how your living situation might impact your specific case.
Should You Hire An Attorney?
People ask this all the time. Illinois lets you represent yourself, and some folks do. But having an attorney usually leads to better outcomes, especially when children are involved or you’re dealing with significant assets. Even disagreements about property division get messy fast. An attorney spots issues you’d probably miss. They know what to look for and how to protect your rights.
What Comes After You File
After you file your divorce petition, your spouse gets a copy and has 30 days to respond. The court might schedule temporary hearings right away to handle immediate concerns. Things like child support, parenting time, or who stays in the house. Then comes discovery, where both sides exchange financial information and documents. Most cases settle through negotiation or mediation. Some go to trial. It depends on how much you and your spouse can agree on.
Moving Forward With Confidence
Filing for divorce changes everything. It affects your future and your family’s well-being in ways you can’t fully predict right now. Understanding what Illinois requires and how the process actually works helps you face this transition with less uncertainty. Working with a Troy family lawyer gives you someone who knows the system and can guide you through decisions that matter. Take your time gathering documents, figure out what’s most important to you, and reach out for professional help when you’re ready to take that next step.
