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hinsdale divorce lawyerWhen a couple is heading for divorce, both partners are typically aware that someone will need to file divorce papers with the Illinois county’s Clerk of the Circuit Court. Only one divorce case may be filed for a couple at a time, so it is natural to wonder whether there are any advantages to filing for divorce first. 

Because Illinois is a state that only allows for no-fault divorce, you do not have to prove that your spouse did anything wrong. You must simply attest to having irreconcilable differences, and that there is no chance of the marriage succeeding. However, there may still be advantages to being the first person to file for divorce. 

You May Be Better Prepared

Sometimes, one spouse will wait to tell the other spouse that they are filing for divorce in order to surprise them. They may even do this in an attempt to get revenge. You will not be caught by surprise if you are the spouse who files first. 

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IL divorce lawyerSpouses often know that their marriage is crumbling and that they are likely headed for divorce. When this is the case, you may wonder whether you should file for divorce first and if there are any advantages in doing so. The family courts will not take into consideration which spouse filed first when making decisions on child custody, property division, and more. However, there are some advantages you will gain if you are the first to file.

Retain Control

During a divorce, there is so much that is outside of a person’s control. By filing first, you take some of that control back. You can make arguments within the complaint about any wrongdoing done by your spouse, which leaves them with the responsibility of responding to those arguments. You can also choose which jurisdiction to file in, which is particularly advantageous if your spouse lives far away at the time of filing.

Preparation Is Easier

When filing for divorce first, it provides you with the necessary time to prepare, which can give you a financial advantage. Preparing for divorce involves collecting important financial documents, such as life insurance policies, banking accounts, titles to property, and more.

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