Should I File for Divorce First?
Posted on January 21, 2025 in Divorce
One of the most common questions people ask when considering divorce is, "Should I file first?" As with most matters in divorce, the answer depends on your specific situation. While there can be strategic advantages to filing first in some cases, in others, it may not make a difference.
What matters most is having an Illinois divorce attorney who will focus on a strategy that serves your best interests — not the attorney’s own. At Andrew Cores Family Law Group, head attorney Andrew Cores is a Fellow for the Collaborative Law Institute of Illinois and tailors his approach to meet the unique needs of every client. Whether collaboration, negotiation, or litigation is the right strategy for you, we will help you make informed decisions at every step.
When Filing First Might Be a Smart Move
Filing first can be beneficial under certain circumstances. Here are a few examples:
You Want to Control the Timeline
The person who files for divorce (the petitioner) often has more control over the timing of the proceedings. If you are ready to move forward and your spouse is not, filing first allows you to set things in motion.
You Fear Your Spouse Will File in a Different County or State
If your spouse moves out of the area, they may try to file in a different jurisdiction, which could complicate the divorce process. Filing first ensures the case is handled in your preferred location, which is typically close to where you live.
You Need Temporary Court Orders Quickly
Filing first may allow you to request immediate court orders for child custody, spousal support, or protection if there are safety concerns. This can be critical in cases involving financial abuse, domestic violence, or disputes over parenting time.
You Need Time to Prepare
Filing first gives you the advantage of preparing your documents, gathering financial records, and consulting with your attorney before the case is officially underway.
When Filing First May Not Matter
In many divorces, who files first has little to no impact on the outcome. For example:
Illinois Is a No-Fault Divorce State
Illinois courts do not consider marital fault when granting a divorce. Whether you or your spouse files first, the division of assets, parenting time, and spousal support will be determined based on state laws and your unique circumstances.
You and Your Spouse Agree on Major Issues
If you and your spouse can work together to resolve issues collaboratively, filing first might not be important. If you have a dynamic that allows for open communication, it can be better to focus on cooperation rather than strategy.
In cases like these, it is especially important to work with an attorney who is a proponent of collaborative divorce, where both parties work together to reach mutually beneficial agreements. However, when collaboration is not possible, the same attorney should be fully prepared to advocate for your rights in court.
Choose a Divorce Strategy That Makes Sense for You
The decision to file first is just one of many strategic choices that can affect the course of your divorce. More important than filing first is having a knowledgeable attorney who will prioritize your needs and develop a plan that fits your goals. At Andrew Cores Family Law Group, we believe every client deserves personalized attention and practical guidance, whether that means filing first or waiting for the right time to act.
Contact a Wheaton, IL Divorce Attorney Today
If you are considering divorce, having the right legal team by your side is essential. Contact a DuPage County, IL divorce lawyer at Andrew Cores Family Law Group to discuss your options and develop a strategy tailored to your circumstances. Call 630-871-1002 today to schedule a free consultation and get started on protecting your future.
