There are around 5,000 marriages per year in DuPage County, and there are almost half as many divorces annually, according to the Illinois Department of Public Health. The first step of divorce begins with what is called the petition for divorce. The petition for divorce is served by one spouse to the other. The spouse that serves the petition to the other is called the petitioner. First, they must file papers with the court, after which they are required to legally deliver, or serve, the petition to the other spouse.

What Information Does the Petition Include?

The petition for divorce generally includes all of the following information:

• Location of marriage
• Date of marriage
• Names and addresses of the spouses
• Names of children
• Grounds for divorce
• Statement that at least one spouse has had residency in the state for at least 90 days, allowing the divorce to take place in Illinois, as per 750 ILCS 5/401
• Information about how the petitioner wants to settle matters such as division of marital assets, child custody, child support, and alimony

Temporary Orders

A petition for divorce may request the court to place temporary orders to help with the following:

You’ve heard it said that “timing is everything.” The same idea is true for divorce. Although sometimes you have no control over when your marriage comes to an end, you can control the speed in which you file and obtain information. Divorce timing plays a large part in tax filing, but it also can give you a slight advantage during the proceedings. Find out more about filing when the time is right for you:

Make the First Move

Waiting for your spouse to file for divorce first is one of the worst mistakes you can make. There are legal benefits to being the one to initiate the process. Filing first can give you better terms from the very beginning. When a judge issues the temporary order regarding support or custody, the one who files typically has more control of the situation, allowing you to be in control while the divorce is still pending. Filing first also allows you to determine the end date of the marriage, which can protect you from any potential unnecessary expenses from a hostile ex-spouse.

Tax Considerations

When it comes to tax time, whether you file jointly or separately depends on the date you sign the divorce agreement. Typically speaking, filing a joint return usually works to your advantage and saves money. However, in some cases, you might be eager to register separately, because even if your divorce decree states that your spouse is liable for all taxes, the IRS still can hold you accountable. There are also tax consequences when dissolving a family business as a part of the property division. In fact, most tax considerations are based on the timing and duration of events throughout the year. Based on the IRS rules:

January is National Divorce Month. In DuPage County and Cook County, Illinois, January is the most popular month in which to file for divorce. February and March follow closely behind.

Why is January so popular for divorce filings?

Typically, parents refrain from filing for divorce at the beginning of a school term because it is too disruptive to the children. Additionally, the holidays, such as Thanksgiving, prevent couples from filing because they want to protect their children's memories and do not want their children to associate the holidays with the divorce of their parents.