Should I File For Divorce if I Think My Spouse May Be Planning To Divorce Me? 

 Posted on July 28, 2022 in Divorce

Maybe your spouse said something directly. Maybe it is only a hunch. Whatever your reason for suspecting divorce papers may be heading your way, it is common to feel panicked and unsure of which steps to take next. Having conflicting feelings is totally normal during the pre-divorce phase, but it is still important to strategize carefully so you do not end up at a disadvantage if your spouse does end up filing for divorce. If you are wondering whether you should file for divorce first, read on and then contact our excellent team of Cook County divorce attorneys. 

Can My Spouse File For Divorce Without Telling Me? 

While it certainly does not feel good to be surprised by a knock on the door from a sheriff serving divorce papers, your spouse can file for divorce without telling you first. As long as one of you has lived in Illinois for at least 90 days, you can file for divorce under Illinois law. Your spouse does not even have to claim that you are at fault; “irreconcilable differences” is the only reason spouses can give for getting divorced in Illinois. 

Legally speaking, there is no advantage to being the petitioner (the person filing for divorce) or the respondent (the person responding to the original divorce papers). The courts will treat both parties the same. 

However, this does not mean there are no potential advantages to filing for divorce first. To begin with, filing for divorce first allows you to have more control over the procedure and to set the tone and the timeline of the divorce. You can have more time to plan, rather than simply responding to whatever your spouse may do. You may also have more choices about where you want to file, especially if you and your spouse are already separated or living in different states. 

Whether you ultimately end up filing for divorce first, the most important thing is to start planning as soon as you suspect a divorce is in the works. That way, you will be empowered with knowledge and be better able to negotiate terms to your advantage. If you are worried your spouse may be dishonest with money, planning early will also allow you to begin documenting finances more efficiently. Whatever your situation may be, a skilled divorce attorney can help you make smart decisions that will benefit you. 

Call an Arlington Heights Divorce Attorney 

Facing divorce can be frightening, but you do not have to manage all the unknowns by yourself. To get help from an experienced and talented group of Arlington Heights divorce attorneys, call the offices of A. Traub & Associates and schedule a consultation. We offer no-pressure legal services so you can feel comfortable taking your divorce in the direction that feels right for you. Give us a call at 847-749-4182 and schedule your strategy session today. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000