As we start another year, now is a time when many spouses are thinking about filing for divorce. The holiday season is in the rearview mirror, the kids are back in school, and there is finally some time to think about the future.
If you are thinking about filing for divorce in 2025, learning what you can expect and starting to take some of the first steps (if you are ready) can help you feel confident in your decision-making. With this in mind, here are some tips on how to prepare (and how not to prepare) for the divorce process:
How to Prepare: Learn About the Divorce Process
One of the first steps you will want to take if you are considering a divorce in 2025 is to learn about the divorce process. This includes both: (i) learning about the major steps in the process; and, (ii) learning about the options that are available for bringing your marriage to an end.
Broadly speaking, the major steps in the divorce process are:
- Dividing the Spouses’ Marital Property – Divorcing spouses must divide their marital assets during the divorce process, while their separate assets are theirs to keep.
- Establishing a Parenting Plan – Divorcing spouses who have minor children from their marriage must develop a post-divorce parenting plan that reflects their children’s best interests.
- Dealing with Financial Issues – Divorcing parents must also address child support during the divorce process; and, while not mandatory, many divorcing parents will want to address spousal support as well.
When it comes to resolving these issues, divorcing spouses in Illinois have a variety of options available. The most common ways that spouses resolve issues during the divorce process are:
- Agreed Divorce – In an agreed divorce, the spouses work together to reach an agreement without going to court. Once they are in agreement on the issues discussed above, they then submit their agreement to the court for approval.
- Collaborative Divorce – A collaborative divorce is similar to an agreed divorce, but it involves working with financial experts, social workers, and other professionals as necessary. The collaborative divorce process is particularly well-suited to complex and high-net-worth divorces.
- Divorce Mediation – If divorcing spouses cannot come to terms on their own, mediation offers an amicable alternative to litigating their differences in court. When both spouses are committed to the process, mediation can be a highly effective strategy as well.
Of course, going to court is an option as well, but this option isn’t necessary (and isn’t in either spouse’s best interests) in most cases. When you hire an experienced divorce attorney to represent you, your attorney will be able to help you pursue the best option for your specific circumstances.
How Not to Prepare: Making Assumptions Based on Other People’s Experiences
With all of this in mind, when preparing for your divorce, it is important not to make assumptions based on other people’s experiences. Every couple’s circumstances are unique, and the decisions you make about your divorce will determine both how the process goes and what the end result will be.
How to Prepare: Start Thinking About What Matters Most
Neither spouse gets everything in a divorce. As a result, a key part of the process for both spouses is to think about what matters most. For example, as you begin your preparations, you will want to think carefully about questions like:
- Which of your marital assets are most important to you?
- What type of custody arrangement would be best for you and your children?
- Will you need spousal support in order to manage your finances after your divorce?
As you think about these questions, you should do your best to make informed decisions. For example, if you have young children and work out of the house, you should think about what this means with regard to your post-divorce parenting time. Likewise, if you haven’t thought about your post-divorce financial circumstances, now is a good time to start doing so.
How Not to Prepare: Getting Too Emotionally Invested in a Particular Outcome
While it is important to think about what matters most so that you can prioritize during the divorce process, at this stage it is also important not to get too emotionally invested in a particular outcome. No matter how much planning you do, certain aspects of the divorce process will be beyond your control. If your priorities and your spouse’s priorities conflict, you will both need to compromise in order to move forward.
How to Prepare: Start Locating Relevant Documents
To start the divorce process, you will need various forms of documentation. We prepared a checklist you can use to get started; and, since this can take some time, it can be good to approach this part of the process in bite-sized chunks.
If you can’t find any of these documents, that’s okay—but you should put in some effort to find what you can. If you’re really stuck, your divorce attorney will be able to help you when the time comes. Once you locate a document that you will need for your divorce, make a note of where it’s located, or make a copy if possible.
How Not to Prepare: Hiding Information from Your Spouse
When you are preparing for a divorce, you do not want to begin hiding information from your spouse. Under Illinois law, both spouses are entitled to all of the information they need to make informed decisions during the divorce process. If you have concerns about any information that you don’t want to share with your spouse, this is something that you will want to discuss with your divorce attorney as well.
Are You Considering a Divorce in 2025? Contact Us for a Free Consultation
If you are considering a divorce in 2025, Illinois divorce attorney Deanna J. Bowen can walk you through everything you need to know. To schedule a free consultation at a time that is convenient for you, please call 847-623-4002 or contact us online today.