How to Prepare for Divorce in Illinois

By Anna Assad

Preparing for a divorce is often stressful, but you can ease the stress by preparing your case before you file in the Illinois circuit court. Illinois law requires the fair division of marital property, or property obtained during the marriage, and allows various grounds for divorce, including no-fault on the side of either party, adultery and abandonment. You'll need to assess the current financial state of your household and inventory property to prepare for the divorce proceedings.

Step 1

Gather financial documents. Include tax returns, paystubs, financial account statements and documentation of retirement plans. Illinois divorce laws consider a spouse's retirement or pension plan when dividing martial assets.

Step 2

List all property you and your spouse own, along with estimated values, and all current debts. Include all property acquired during the marriage. List the type, account numbers and current balances of all debt. Note any debt that belonged to your spouse before you married. Illinois treats debt of a spouse from before the marriage as nonmarital debt, so you're not responsible for it in the divorce.

Divorce is never easy, but we can help. Learn More

Step 3

Make a list of what you own as separate property. List all property you owned before you got married. Some of your property might not be subject to the property division even if you received it while you were married, such as an inheritance. For example, a rental property you inherited from a relative is not marital property.

Step 4

Make a list of items in your household. Don't include small items, such as towels, but include expensive items, such as living room furniture and costly electronics. Larger household items are part of the marital property division in Illinois.

Step 5

Document any money your spouse spent while engaging in marital misconduct. Include receipts and other supporting documents, such as phone records. Although you won't gain a legal advantage from your spouse's misbehavior, Illinois laws provide for reimbursement to the marital estate if a spouse spends money while engaging in misconduct.

Divorce is never easy, but we can help. Learn More
Tennessee Divorce Law Concerning Inheritance

References

Related articles

Can a Wife Take Assets in a Divorce That Were Owned by the Husband Prior to the Marriage in Ohio?

Ohio courts can divide all types of property in your divorce -- real estate, household furnishings, vehicles and bank accounts. However, some assets are not divided because they are considered the separate property of one spouse. Under most circumstances, this includes property a husband owned prior to marriage, but there are some exceptions.

How to Assign Depreciated Value in a Divorce

When your and your spouse separate, you're splitting up not only your personal union, but also your economic one. You may have accumulated significant assets — and significant debts — during your time together. Unfortunately, economic turmoil may have resulted in substantially reduced value in one or more of your major marital assets. Additionally, normal wear and tear may have caused an asset to depreciate even in a strong economy. Regardless of how the depreciation came about, depreciated value and the loss it creates can be assigned in your divorce just like a gain.

Does Pennsylvania Have a Spousal Infidelity Law?

Facing a divorce is often one of the most difficult times in a person's life, particularly if the divorce involves marital infidelity. In addition to the emotional challenges, divorcing spouses might worry about the legal implications of infidelity: whether it is a crime, whether it will affect the financial components of the divorce, and whether it will affect custody of the children. Adultery is no longer a crime in Pennsylvania, and the state also abolished civil lawsuits for "alienation of affection." Marital infidelity, however, is still a civil matter for Pennsylvania divorce courts and a factor to consider in the divorce proceeding.

Get Divorced Online

Related articles

How to Divide Up the Assets for a Divorce in Illinois

In Illinois, you have the right to reach a property settlement agreement with your spouse: the two of you can mutually ...

Inheritance Laws for Married People in Connecticut

You might think of an inheritance as your own property, even if you received it while you were married. After all, the ...

Pennsylvania Laws on Inherited Money When Divorcing

When a husband and wife divorce in Pennsylvania, they often need to divide their property. If spouses cannot reach an ...

How to Divorce if Your Spouse Abandons the Relationship in Washington

Spousal abandonment can be a difficult experience for the husband or wife left behind. An abandoned spouse might choose ...

Browse by category
Ready to Begin? GET STARTED