Filing for Divorce? Take These Steps First

 Posted on June 17, 2020 in Family Law

When considering divorce, you are likely thinking about how it could be a long process, and the many steps you will have to take throughout it. While the actions you take during divorce will depend on the specifics of your case, there are also some things that anyone considering divorce should do before they even file. The most important of these are listed below.

Prepare Financially

You will need a lot of documentation during your divorce case. Now is the time to collect records of financial accounts, phone records, car notes, and mortgages. Many times, spouses share these documents and when that is the case, you should take photocopies of the documentation and store them in a safe place.

Be Realistic About Child Custody

If you have children, custody issues are likely to be one of your biggest concerns as you consider divorce. It is important to remember that in most cases, a judge will award both parents time with the child unless there is an extreme situation such as addiction or domestic violence. Reviewing your work schedule, your child’s schedule, and the obligations you have will greatly help you prepare for the child custody process. If you and your spouse can reach a child custody agreement that is fair, your divorce will proceed much quicker and much more smoothly.

Complete Necessary Transactions

While you are considering divorce, you may also be considering making certain purchases or sales. For example, you may have a business that you want to sell, or you might have been meaning to upgrade your vehicle for some time. You should do these before you file for divorce because once you do, a judge will issue an order that prevents you or your spouse from selling or buying marital property.

Judges issue these orders to prevent spouses from doing things like draining the marital bank account or purposely dissipating the marital estate. While you definitely should not take these extreme measures, it is important to complete any transactions that are legitimate and necessary before filing for divorce.

Determine Where You Will Live

You will have to make plans for where you will live after the divorce, but now is also the time to consider where you will live during the proceedings. Do you want to remain in the same house as your spouse, do you want your spouse to move out, or do you want to move? Many people hope to keep the marital home after divorce and the steps you take in the weeks leading up to filing can affect that decision.

Speak to an Illinois Divorce Lawyer

Before you even file for divorce, you should speak to a dedicated Hinsdale divorce lawyer. At the Law Office of Martoccio & Martoccio, our experienced attorneys can advise on the most important steps to take before you file and can help you through the entire process. Call us today at 630-920-8855 or contact us online to schedule a free consultation and to learn more about how we can help with your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2497&ChapterID=59