Is filing for divorce first better for Illinois residents?

Joseph M. Lucas & Associates, L.L.C.

Divorce may come as a shock to many spouses. The act of permanently severing a relationship can be devastating to many. Statistically, half of marriages end in divorce these days. Just about every Illinois resident has either gone through a divorce or knows someone who has. Typically, most people considering divorce have given it some serious thought before actually going through with the process. One question many soon-to-be divorce individuals ask themselves is whether there are benefits of filing for divorce first.

There are many benefits to serving divorce papers first that may be legally advantageous to an individual. Perhaps the most important advantage to filing first is choosing the jurisdiction where the divorce will take place. State laws vary dramatically for issues such as property division and child custody. It is important for individuals to choose a location that can be beneficial to their preferences.

Filing divorce first also gives an individual the chance to construct an expert legal team in advance. Choosing a team of all-star attorneys and advisors who can give an individual the best possible outcome in court can take some time. It is essential to have the right legal help. Having a legal team already on board gives the other spouse second pick at deciding who will represent him or her.

For just about every Illinois resident considering divorce, consulting with a legal representative is the first step toward completing the process. Without the right attorney, people may get less favorable results post-divorce. Matters such as child custody, child support or division of property are often the most substantial factors in a divorce. If either spouse is serious about divorce, filing first may provide favorable results.

Source: Forbes, “What Are The Financial And Legal Advantages Of Being First To File For Divorce?” Jeff Landers, March 26, 2013

Is filing for divorce first better for Illinois residents?