Top Mistakes to Avoid When Filing for Divorce in Illinois

 Posted on August 23, 2023 in Divorce

Filing for divorce can be an emotionally difficult and complex process. It is important to avoid common mistakes that could negatively impact your divorce settlement. Here are some key mistakes to steer clear of when filing for divorce in Illinois.

Not Establishing Residency

In order to file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. This is known as establishing residency. Failing to meet this residency requirement could result in your divorce petition being rejected. Be sure you or your partner have physically lived in IL for the required time period before filing.

Rushing to File the Initial Petition

It is tempting to want to hurry up and start the divorce process. However, it is wise to take your time and consult with an attorney before filing the initial petition. This ensures you understand Illinois divorce laws and how assets, debts, spousal support, and child custody may be impacted. Rushing through the initial filing can lead to mistakes.

Forgetting to Classify Assets Properly

In Illinois, only marital property is divided between spouses. This includes assets acquired during the marriage. However, gifted or inherited assets brought into the marriage are generally considered non-marital property. Not correctly categorizing assets can lead to unfair divisions. Be sure to classify each asset properly.

Failing to Disclose Assets and Debts

Being upfront from the beginning about all marital assets and debts is crucial. Attempting to hide assets almost always negative consequences. The court can penalize spouses who are dishonest about finances during a divorce. Make full financial disclosure to avoid complications.

Not Making Copies of Important Documents

When filing for divorce, it is essential to have copies of tax returns, deeds, financial statements, prenuptial agreements, and other important documentation. Do not hand over originals to your attorney. Also keep your own organized file of photocopied documents and records. This avoids scrambling to find important papers.

Mistakes during the divorce filing process can be costly. Working with an experienced Illinois divorce attorney and understanding key laws can help avoid errors as you start your divorce case. With proper preparation, you can achieve the best possible outcome.

Contact a Schaumburg Family Law Attorney

Going through a divorce is one of the most difficult times in life. An experienced Illinois divorce lawyer can help guide you through the complexities of the process. Call A. Traub & Associates at 630-426-0196 to get started with help on your side.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=3800000&SeqEnd=5300000