Things to Do to Prepare for Your Divorce

As any Chicago divorce lawyer will tell you, few if any clients just wake up one day and decide that their marriages are over. Most also do not make the decision to file for divorce without a great deal of thought. Although Illinois is essentially a “no fault” divorce state, and despite the availability of mediation and other less contentious alternatives to the traditional adversarial divorce process, for most individuals, legally ending a marriages remains a stressful and emotionally trying  experience.  

As in nearly any difficult situation, though, advance planning can reduce your stress level and help you make more thoughtful and informed decisions about your future.  Of course, consulting an experienced and knowledgeable divorce attorney is a good place to start. If you’re considering divorce, here are some other practical things you can do to prepare.

  

Children and Divorce in Illinois  

If you have children under age 18 at home, are you confident you and your spouse can agree on issues of custody and visitation? Since Illinois law requires the court to decide these issues based on the best interests of the child, evidence of your involvement in your child’s life is crucial. Keep a written diary or journal of all activities with the children, no matter how routine. Be sure to note also details of any negative situations involving your spouse, such as arguments he or she starts in front of your children or negative comments about you made to the children. 

Financial Records and Divorce

Gather as much information as you can in order to give your attorney (and, eventually, a judge) a complete picture of your family’s financial situation. Make (and keep in a secure location outside the home) copies of relevant documents, including the following:

• Bank and investment account statements for the last twelve months (whether in joint names or just your spouse’s). You may be able to get these online, if necessary.
• Several of your spouse's recent pay stubs (or deposit advices if his or her pay is direct deposited)
• Twelve months’ worth of statements for pension, 401k or other retirement plans. In Illinois, the court can consider your spouse’s retirement plan balances when dividing marital assets. 
• Your last three years’ federal and state tax returns (assuming you file jointly with your spouse).    

Illinois Marital and Separate Property and Debts 

Division of assets and debts of the “marital estate” can be among the most contentious issues in divorce. You’ll need to make lists of:

• All “marital property”. This property includes most real estate and major personal property (automobiles, electronic equipment, etc.) acquired during the marriage. Using available sources (for example, the property appraisal from when you refinanced your home or prices on a used car website), estimate the current value of each item.
• All debts incurred during the marriage. Indicate the type, account number and current (and, if known, original) balance. If your spouse brought any debt into the marriage, note that fact. In Illinois, you may not be responsible for paying this debt after the divorce.
• Your separate property, which is not generally subject to division. Generally, this is property you owned before marriage, but if you later received gifts or an inheritance, it may also be treated as yours alone.

Finally, if your spouse had extramarital relationships, gather receipts or other proof of any money he or she spent. While evidence of infidelity typically won’t affect alimony, child support or property division, an experienced Chicago divorce lawyer may be able to convince the judge to order your spouse to pay this amount to the marital estate.