The Law Office of Christina Martell

Phone Icon630-717-2772

27475 Ferry Road, Suite 130, Warrenville, IL 60555

Facebook Twitter Linkedin

5 Tips for What to Do if Your Spouse Asks for a Divorce in Illinois

Posted on in Divorce

Winfield asset division attorney

Whether it came out of the blue, or whether times in your marriage have been tough for a while, it is frightening to hear your spouse say, “I want a divorce.” Most couples who file for divorce are unprepared, and they are often not even on the same page. If you have children together, that can make the proceedings even more challenging. There are many issues that will need to be addressed, including the allocation of parental responsibilities (child custody) as well as the division of assets and property. You and your spouse may not agree on how these matters should be resolved, which is why it is essential to seek professional legal counsel at the beginning of the divorce process. 

Actions to Take Upon Filing for Divorce

If your marriage is in trouble and headed toward divorce, it can be difficult to think about life without your spouse. However, it is important to take the following precautions to prepare and protect your interests: 

  1. Hire a divorce lawyer. A divorce is a legal matter, so it is critical that you are aware of your rights and responsibilities when ending your marriage. It is important to have effective and compassionate legal representation to help you reach a fair settlement.  If you have children, it is critical that you protect their rights and best interests as well. An experienced attorney can help you create a parenting plan by explaining your options regarding child support and parenting time.
  2. Make copies of all important documents. In order to reach a fair settlement, your attorney must be aware of your financial situation and any assets or property you may own. Be sure to compile all relevant financial information, including mortgage deeds, checking and savings account statements, titles to vehicles, and social security forms. This is necessary when dividing your estate.
  3. Gather all information regarding your debt. Just because you will be going through a divorce does not mean your debt magically disappears. It is imperative that you and your spouse continue to make payments, even during this emotionally and financially stressful time. You will want to print out a copy of your most recent credit report, make a list of any debts you have, and calculate the amount owed. Debts you or your spouse accrued during your marriage must be fairly divided between the two of you as part of the property division process.
  4. Research medical insurance options. If you are losing your health insurance as a result of the divorce, it is important to evaluate your next steps. If it is possible, sign up for coverage through your employer. Since you may be losing your current coverage, you are typically allowed to enroll outside of the regular enrollment period. If you are no longer employed, or if your employer does not offer health insurance benefits, you may be able to purchase a policy directly from a health insurance company.
  5. Avoid telling the Internet. Until your divorce is finalized, you may want to wait to disclose the news to your virtual friends, and it is often best to avoid discussing your divorce on social media. In some cases, your spouse may try to use any comments or photos that you post online against you during the divorce process. If possible, stay off social media completely and focus on your physical and emotional well-being. 

Contact a Winfield Divorce Lawyer

Going through the divorce process can be emotional and overwhelming. Avoid navigating it alone by contacting a skilled Kane County divorce attorney from the Law Office of Christina Martell. Chrissie will work tirelessly to protect your rights to marital property and help you reach a favorable resolution for your future. Contact our office today at 630-717-2772 to schedule a consultation.


Back to Top