Why Should You File for Divorce First in Illinois?

 Posted on September 26, 2024 in Divorce

A Stanford study found that about 70 percent of divorces are initiated by women. This does not necessarily mean that the wife is the first to file for divorce but rather that the wife is the first to bring up the idea of divorce. Decades ago, it was considered chivalrous for a husband to let his wife file for divorce, ostensibly to keep her from being embarrassed because her husband wanted a divorce. While social norms have changed to some extent over the years, there can still be benefits in being the spouse to file first.  

It may seem odd to talk about one spouse having an "advantage" over the other in a complex issue like divorce. Unfortunately, divorce can be antagonistic and fraught with landmines, and in some cases, getting the upper hand quickly can save you emotional and financial stress. Which spouse files for divorce first may seem unimportant, but there are a few crucial perks that the spouse who files first could receive. Discussing your questions about whether you should file for divorce first with an experienced St. Charles, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be extremely beneficial.  

Do Your Rights in a Divorce Change According to Which Spouse Files First?

Since Illinois courts no longer use fault as a factor in determining spousal support, asset division, and allocation of parental responsibilities, your basic rights during the divorce proceedings will not be affected by which spouse files first. That being said, there are certain advantages for the spouse who files for divorce first. These include:

• If you and your spouse live in different counties or states, or you have established residency in two or more states, the divorce laws in one jurisdiction over another might offer certain benefits. When you file first, you choose the jurisdiction.

• The spouse who files first essentially gets to "set the stage" for future proceedings. The family court will read your complaint for divorce first, allowing you to highlight your issues, evidence, and arguments. Your spouse must then counter those arguments.  

• When a spouse is blindsided by a divorce, it tends to leave them a little off-balance throughout the process. When you file first, you have more time to prepare, including hiring a highly skilled divorce attorney.

• The date the divorce is filed helps establish the point of irretrievable breakdown of the marriage. It also gives a date by which your marital property is valued and, in some cases, can impact spousal support and shared debt. For some, these dates can be crucial.  

•  If you are in a toxic or abusive relationship, filing first can be an empowering step, giving you the self-confidence to get out of your situation.

• If you are concerned at all about your spouse dissipating or hiding assets, filing first can help you safeguard your financial future by allowing you to file a temporary financial restraining order.

• Being the first to file for divorce allows you to also file a motion to preserve the status quo of your children, including where they live, preventing major disruptions to their lives.

Contact a Kane County, IL Divorce Lawyer

If your spouse has already filed for divorce first, there is no reason to panic. While there are certain advantages to filing first, your St. Charles, IL divorce lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC can help overcome any disadvantages you may face, ensuring your divorce goes smoothly and is as fair as possible. MFKM Law serves family law clients at our Kane County and DuPage County offices. We are strong advocates for our clients as skilled negotiators and aggressive litigators when necessary. Call 630-665-7300 to schedule an initial attorney meeting to discuss your divorce.