Pre-Divorce Planning in Chicago

Contemplating divorce is one of the most significant and emotionally taxing decisions a person can make. The path ahead may seem uncertain, but thoughtful preparation can provide a sense of control and clarity during a challenging time. At WARD FAMILY LAW, LLC, we believe that strategic pre-divorce planning is the first step toward protecting your future.

We are here to provide practical advice for those considering divorce. We will cover key areas of preparation, including:

• Organizing your financial information
• Understanding your legal rights and options
• Gathering essential documentation
• Building a personal support system

What Does the Divorce Process Look Like in Illinois?

In Illinois, the divorce process starts with one spouse filing a Petition for Dissolution of Marriage. This legal document outlines the reason for the divorce and any relevant information, such as the allocation of parent responsibilities or child support requests.

Once the petition is filed, your spouse will be served with a copy and have 30 days to respond. If they do not respond or contest any of the terms in the petition, the divorce can proceed as an uncontested case.

If there are disagreements over terms such as asset or debt division or parenting time arrangements, mediation may be required before moving forward with litigation. It’s important to note that Illinois is a no-fault state, which means that neither party will need to prove fault or wrongdoing in order to proceed.

Organize Your Financial Landscape

A clear understanding of your financial situation is crucial. The division of assets and debts is a central component of any divorce, and preparation is key.

Start by gathering and making copies of important financial documents, including:

• Tax returns (personal and business) for the last five years
• Pay stubs for both you and your spouse
• Bank statements
• Investment and retirement account statements (e.g., 401(k)s, IRAs)
• Mortgage statements and property deeds
• Credit card statements and other loan documents
• Life insurance policies

Creating a detailed list of all marital assets and liabilities will provide an accurate picture of the marital estate. This documentation is fundamental for determining the equitable division of property under Illinois law.

Understand Your Legal Rights and Options

Understanding your rights is one of the most empowering steps you can take. In Illinois, property acquired during the marriage is generally considered “marital property” and is subject to distribution. This does not always mean a 50/50 split; rather, the court divides property in a way it deems fair.

Likewise, it is important to understand concepts like spousal maintenance and the allocation of parental responsibilities if you have children. For instance, if you have been a stay-at-home parent, you may be able to receive spousal maintenance to help you achieve financial independence. An initial consultation with an attorney can demystify these legal standards and help you understand what to expect.

Consult with an Experienced Divorce Attorney

Pre-divorce planning is most effective with professional guidance. The attorneys at WARD FAMILY LAW, LLC, provide discreet, comprehensive consultations to help you understand your options before you file. We will take the time to listen to your concerns, review your situation, and outline a clear strategy tailored to your specific goals.

Making the decision to divorce is difficult, but you do not have to navigate it alone. With careful preparation and the right legal partner, you can build a solid foundation for your next chapter.

Contact WARD FAMILY LAW, LLC, today to schedule a confidential consultation.