Thinking About Divorce in the New Year? What to Do Before You File

January is one of the busiest months for divorce in Illinois. The holidays are over, routines are back, and a lot of people quietly realize: I can’t do another year like this.

If that’s you, pause for a moment. Filing first and thinking later is one of the most expensive mistakes people make in divorce. What you do before you file can have a major impact on your finances, your parenting time, and how much control you keep over the process.

Here’s what you should know before filing for divorce:

1. Illinois Is a “No-Fault” Divorce State, But Fault Still Creeps In

Illinois only recognizes irreconcilable differences as grounds for divorce. That means you don’t have to prove "grounds" to get divorced (i.e. cheating, abuse, or bad behavior).

But here’s the reality:

• Conduct can still matter in parenting time, decision-making, and sometimes financial issues.

• Judges care about patterns: instability, poor judgment, refusal to co-parent, misuse of money, and the list goes on.
  

Translation: Just because Illinois is “no-fault” doesn’t mean your behavior right now won’t matter later.

2. Do Not Move Out Without Legal Advice

This is a big one.

Moving out of the marital home before you talk to a lawyer can:

• Weaken your position regarding parenting time

• Create a new “status quo” the court may keep

• Complicate your claim to the home or equity

Even if things are tense, moving out impulsively can cost you leverage. There are ways to create space without harming your case.

However, if there are safety issues and you need to leave, then you should always choose safety over concerns about the impact on your case. That's why it's important to speak with a lawyer as soon as possible to figure out your options.

3. Get Your Financial House in Order (Quietly and Legally)

Before filing, you should gather:

• Tax returns (last 2–3 years)

• Pay stubs

• Bank and credit card statements

• Retirement and investment account statements

• Mortgage and loan balances

Do not:

• Drain accounts

• Hide money

• Run up debt “out of spite”

Illinois courts take financial misconduct seriously, and it often backfires.

4. Think About Timing — January Isn’t Always the Best Move

January feels like a clean slate, but timing matters.

Consider:

• Upcoming bonuses or commissions

• Tax refunds

• School schedules

• Health insurance coverage

• Pending job changes

Sometimes waiting a few weeks — or filing strategically — makes a meaningful difference in outcomes. However, this is best discussed with your attorney, because divorce cases are heavily fact-dependent and based on your own individual situation.

5. If You Have Kids, Start Thinking Like a Judge

Illinois courts focus on the best interests of the child, not what feels “fair” to the parents.

Before filing, ask yourself:

• What parenting schedule actually works for the kids?

• How well are we communicating right now?

• Are the kids being exposed to conflict?

Text messages, emails, and behavior right now often end up as exhibits later. You should assume that everything you put in writing will be read by a Judge or Guardian ad litem (GAL).

6. Do not use the Kids as Messengers

This is one of the fastest ways to damage your credibility.

Avoid:

• Having kids relay information

• Talking badly about the other parent

• Oversharing adult issues
  

Judges see this constantly. They don’t like it. Neither do custody evaluators or GALs.

7. Talk to a Lawyer Before You File, Not After

You don’t need to have everything figured out. You do need to understand:

• Your rights

• Your risks

• Your options

A 30-minute consultation before filing can give you clarity and prevent months (or years) of unnecessary litigation and expense. At Simmons Law, LLC, we focus on helping people navigate divorce with the information they need before making a big decision.

If you want to learn more, call now to schedule a consultation or schedule through our website.

Disclaimer: This information is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. It should not be construed as legal advice nor is it a substitute for legal counsel. You should not act or refrain from acting on the basis of any information provided in this post without seeking appropriate legal or other professional advice from a lawyer licensed in your state, country, or other jurisdiction.

At Simmons Law, LLC, we are Rockford family law attorneys serving Winnebago, Boone, Ogle, Stephenson, and McHenry Counties. Contact us today at (815) 570-9662.