When 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....