Should I File for Divorce First in Illinois?

Learn Advantages of Filing for Divorce Before Your Spouse from DuPage County Family Attorneys

Filing for divorce before your spouse can have more advantages than you would think. It can be difficult to accept a divorce is imminent, but it can be a benefit to yourself, in the long run, financially and legally, if you file sooner rather than later. If you believe your marriage has reached the point of being insurmountable, then reach out to the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. We can help explain your options and move forward.


When we mention that there are advantages to filing for divorce first, it is not to encourage racing to that conclusion. It is simply to allow yourself time to prepare and plan. Here are a handful of steps you take ahead of time if you are preparing for divorce:

  • Contact attorneys to setup your legal team;
  • Gather any documentation that will be needed before proceedings begin; and
  • Ensure you have access to funds or a credit line

In addition to these suggestions, you can prevent your spouse from hiding any assets that could belong to you. When you file for divorce first, this makes you the petitioner and the plaintiff. This allows you to choose which county your divorce will have the proceedings and the ability to present your case first for litigation in your case. Under Illinois Law, there is a No-Fault Policy, which means couples can separate based on irreconcilable differences instead of needing any legal reason to be divorcing.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have had decades of experience with family and divorce cases in Kane County, DuPage County, and Kendall County. Please contact us with any questions you may have to set up a consultation. We can help guide your way through this difficult time financially and legally to set you up for life after marriage. Call us at 630-665-7300, so we can help you.

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