By: M. Scott Gordon
When you are in the process of filing for divorce in Chicago, you are likely to face a number of daily complications that were not present in your married life. To prevent your divorce from adding unnecessary frustration to your daily activities, it is important to think carefully about certain steps you will need to take in order to get through the divorce process as efficiently as possible. According to a recent article in the Huffington Post, making a divorce checklist can be a particularly good idea. By making a Divorce checklist that runs the gamut from small daily tasks to large-scale financial responsibilities, you can avoid problems and complications.
What should you put on your Divorce Checklist? The article makes some useful suggestions that can help divorcing spouses throughout the Chicago area.
For many couples, there is a relatively good chance that they have debts they have forgotten about or debts they did not know existed in the first place. In some cases, one spouse (during the marriage) will apply for and use a credit card in the other spouse’s name. Learning about an account like this after your divorce can hurt you in the short term as well as in the long run.
As such, you should get a copy of your credit report as soon as you think about filing for divorce. That way, you can ensure that you do not have any surprise debts. And once your divorce has been finalized, you should pull your credit report again. It will be important to make sure that your ex-spouse did not apply for any loans or lines of credit in your name during the divorce process.
You do not want your soon-to-be ex to have access to your mailings. To be sure, you will be getting mail that you will want to remain confidential. For instance, your Chicagoland divorce lawyer might send you something through the mail that should be private. To ensure that your spouse no longer opens your mail as she or he did during your marriage, it is a good idea to get a P.O. box and have all future mailings directed to that address.
This might sound obvious, but most spouses share internet passwords with one another for email, social media platforms, bank accounts, and other online logins. As soon as you decide to file for divorce, change those passwords. Do not pick a password that your spouse might be able to guess. It is also a good idea to open a new email account, too.
Before a formal separation and certainly before your divorce process begins, it is important to document your marital assets. Make a list and take photos. You do not want to end up in a position where your spouse decides to hide assets, leaving you with an unfavorable property settlement. The Illinois Marriage and Dissolution of Marriage Act governs property division in our state, and you should make sure that the court has all relevant information before dividing your marital assets.
To file for divorce in Illinois, at least one spouse must have been a resident of the state for a minimum of 90 consecutive days prior to the filing date. This requirement ensures that the court has jurisdiction over the case. If there are children involved, they must have lived in Illinois for at least six months in order for the court to make informed decisions regarding custody, support, and visitation arrangements.
Yes, Illinois is recognized as a pure no-fault divorce state. This means that couples seeking a divorce are not required to demonstrate any evidence of marital misconduct or wrongdoing, such as infidelity or abandonment. The only legal grounds for divorce in Illinois are irreconcilable differences, which indicate that the marriage has broken down to the point where reconciliation is no longer possible. This approach simplifies the divorce process and reduces conflict between spouses.
In Illinois, there is no legal requirement for spouses to undergo a formal legal separation before filing for divorce. However, the law stipulates that spouses must live “separate and apart” for at least six months before a divorce can be finalized by the court. Importantly, this does not mean that the spouses must live in completely different residences; courts often accept that couples can continue to share the same home while leading separate lives—meaning they maintain distinct household routines and emotional separation.
The timeline for completing the divorce process in Illinois largely depends on whether the case is uncontested or contested:
If both spouses can amicably agree on all significant issues, including property division, child custody, and support agreements, the divorce can typically be finalized within four to eight weeks after the initial filing. This expedited process is often sought by couples looking for a smoother transition.
In situations where the spouses cannot reach an agreement on crucial matters, the divorce process may take considerably longer, potentially extending from six months to two years or even longer. The complexity of the case and the number of disputes will influence the duration, as multiple court hearings and negotiations may be required to resolve the issues.
Illinois adheres to the principle of equitable distribution when it comes to dividing marital property during a divorce. This means that assets and debts acquired during the marriage are divided fairly, though not always equally. The courts take into consideration various factors, including:
Illinois law emphasizes the importance of maintaining a child’s relationship with both parents, prioritizing joint custody arrangements whenever possible. This approach allows both parents to remain actively involved in their child’s life and decision-making. Child custody decisions are made based on the best interests of the child, taking into account several critical factors, including:
If one spouse is unwilling to cooperate or refuses to sign the divorce papers, the other spouse can still proceed with the divorce process by filing for a default divorce. In this situation, the court can grant the divorce without the non-participating spouse’s input, provided that they do not respond within the required timeframe set by the court. This allows the process to move forward even in cases of disagreement, although it may be beneficial for both parties to seek legal counsel to ensure their rights are protected during this process.
After you have made your checklist, do not forget to hire an experienced Chicago divorce attorney. Having an experienced advocate on your side throughout your divorce proceedings will help the process go as smoothly as possible. Contact Gordon & Perlut, LLC today to discuss your divorce and to learn more about your options.
(Updated 4/18/2025)