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
Pennsylvania Laws on Inherited Money When Divorcing
 

References

Related articles

Abandonment Laws in Alabama Regarding Marriage

Alabama state laws establish spousal rights in marriage and divorce after abandonment. In particular, Alabama law establishes an abandoned spouse's right to support and penalizes an absent spouse for desertion. Spousal abandonment is a fault ground for divorce with potential consequences in property division, alimony and child custody.

Divorce Laws in Tennessee Regarding Willful Desertion

If your motivation for seeking a divorce in Tennessee is because your husband or wife deserts you, the state’s family laws allow you to file for divorce on those grounds. However, there are certain requirements and burdens of proof you must satisfy to do so. And regardless of your grounds for divorce, Tennessee has a number of procedural guidelines that apply to all divorces.

Can a Third Party in Virginia Be Held in a Divorce Case in an Extramarital Affair?

If an extramarital affair leads to divorce, the jilted spouse might want to know whether Virginia laws provide a way to sue the third party, or the person involved in the affair with her spouse. Although adultery may become relevant to a divorce case, state law does not allow a spouse to sue the third party as part of the divorce proceedings.

Get Divorced Online

Related articles

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 ...

Tennessee Divorce Law Concerning Inheritance

Tennessee law requires an equitable division of property between two parties in a divorce. However, Tennessee law does ...

How to Respond to a Notice of Dissipation in Illinois for a Divorce

In Illinois, "dissipation" occurs when one spouse uses marital property solely for his benefit while the marriage is ...

Divorce Law on Infidelity in Pennsylvania

Spousal infidelity, referred to as adultery, continues to be recognized as a basis for divorce in Pennsylvania. If your ...

Browse by category
Ready to Begin? GET STARTED