We have many Illinois residents visit our offices in Lincolnshire and Hoffman Estates and ask "I am thinking of filing for divorce, what should I do to prepare?"

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This all depends on what your goals are. Do you want to make certain you are financial secure  or perhaps you would like to save as many assets as possible? Maybe maintenance or child support is a major concern of yours. 

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Perhaps your major concern is "what will happen  to my children." Do I tell my children of  the upcoming divorce? Will it impact my children's emotional well being? Is this going to result in a  lengthy custody battle?

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First and foremost...divorce is a slow process. There are relatively no surprises or surprise court orders. After all, this is a legal proceeding. Everyone is entitled to due process. If your spouse files for divorce, that does not mean that the next day a judge will flip your life upside down.

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If a party to a divorce wants the judge to do anything, they first must file a "motion", then they must present the motion to the judge, then the judge gives the other spouse a couple of weeks to respond to the motion, and finally, the motion is then scheduled for a hearing. 

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Do not worry, take a breath, relax. You will be able to discuss any allegations against you by your spouse with your attorney, well in advance of a court hearing. 

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Preparing for a divorce is somewhat of a misnomer. The usual problem arises when people over-prepare for a divorce, in the hopes of getting a "leg up" on their spouse. This usually backfires against the spouse. Courts and Judges are well aware of how people may change their behavior and patterns after a divorce petition has been filed. Your credibility will be damaged, and that damage may be irreversible.

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Cooler heads prevail in a divorce action. Keep your divorce attorney appraised of any  new developments in your life.

 

Maintain meticulous financial records. Financial records (evidence) is highly important. It is difficult to prove how much money you spend or how much money your spouse earns, based on oral testimony. Financial records are everything in a divorce.

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Any communication between your spouse and you regarding your children or financial matters should be through email or text. Remember, it is very difficulty to prove that a conversation ever took place, if there is no written evidence. Oral agreements or disagreements are seldom enforced by judges. Written communication is a must. 

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A reputable divorce attorney near you should be able to provide you with specific information and guidance as to how  you should proceed before, during,  and after a divorce. 

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If you hired the right divorce or family law attorney, you should always feel at ease. They should be tireless advocates on your behalf. Tell your attorney everything that you think might be relevant to your divorce case. Do not withhold information!

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Remember, many attorney provide free consultations. Take the time to meet with a few divorce attorneys. Make sure you feel comfortable with your attorney. Divorce can be a stressful process, and at the very least, you should feel comfortable with your divorce attorney. 

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If you reside in Illinois and are looking to speak or meet with top ranked and reviewed local divorce of family law attorneys near Chicago, Lincolnshire, or Hoffman Estates. Please feel free to give us a call. We will offer you a free telephone or in-person consultation. We serve Lake County and Cook County, and are always happy to offer a consultation. 

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