The person who files first in an Illinois divorce may gain strategic advantages. However, filing first does not necessarily mean legal superiority. The advantages of filing first in Arlington Heights include choosing the jurisdiction, framing the issues, and making temporary requests for child custody, child support, or other issues. Filing first can also offer an emotional and financial edge, since the petitioner has had time to prepare.
A divorce lawyer in Illinois can help with your filing or response. Call The Law Offices of Roger W. Stelk to talk about your case.
How Filing First in an Illinois Divorce Can Impact Your Case
Being first in the Illinois divorce filing process can offer strategic benefits. The court does not favor the petitioner over the respondent, but the petitioner can set the tone for the proceedings.
Jurisdiction
Some spouses live in different Illinois counties or even in different states. Usually, the spouse who files first determines where the divorce case will be heard. Choosing the jurisdiction can allow petitioners to:
- Save considerable travel time if the parties live in different counties or states
- Work with a nearby divorce lawyer
- Use Illinois laws to their advantage if the other spouse’s state would be less favorable
Framing of the Case
The person who files first in an Illinois divorce gets to outline the primary claims and make the first legal requests. They can submit a plan for what happens to the marital home and ask for sole or joint custody, specific parenting time, and spousal support. They can make requests for temporary support and protection orders. Put together, this sets a tone that can influence early court decisions, which may influence later court decisions.
Legal Safeguards
Safety, finances, and child care often are issues of immediate concern during a split. Temporary child or spousal support orders or requests for exclusive possession of the marital home can act as legal safeguards while the divorce is pending.
Psychological and Strategic Edge
Filing first can give petitioners time to prepare emotionally and financially for a divorce. They may have had time to gather important documents, consult a divorce lawyer, and devise a strategy. The respondent, meanwhile, may feel caught off guard. This could influence early negotiations and increase the odds of favorable divorce petition benefits for parenting time or dividing assets.
What to Consider When Deciding Who Files First in an Illinois Divorce
There can be clear advantages to filing first, but it is not a decision to make lightly.
Are You Truly Ready?
Filing first also means having the responsibility of pushing the process forward. If you have considerable hope of saving your marriage, you may not be emotionally prepared to file first.
Do You Have a Lawyer?
Filing without at least consulting a lawyer in Illinois can be a mistake. What does a family lawyer do? This person can explain how to position your case favorably, avoid paperwork errors, and request temporary relief orders.
In the longer term, a lawyer can ensure that your marital settlement agreement is fair and in your best interests. A marital settlement agreement is the agreement the parties sign that outlines asset division, custody, and other issues.
Does Spousal Support Concern You?
If you envision paying or receiving spousal maintenance, filing first can allow you to make temporary requests or resist unfairly high support demands the other party might have made by filing first. Illinois does have guidelines for calculating spousal support, but the court has some flexibility. Couples also can come to their own agreements.
Are You Safe?
Domestic violence deaths in Illinois rose by 110% in 2023. Filing first in Arlington Heights can help you get orders of protection for you and any children who need them.
Could Your Spouse Relocate With the Children?
If there is a risk your spouse could move with the children, who files first in an Illinois divorce could prevent that from happening.
Why You Need an Arlington Heights Divorce Lawyer to Navigate the Filing Process in Illinois
Whether you file first, a divorce lawyer can be a valuable asset. For example, lawyers can help with framing the issues and with how to make a fair spousal maintenance agreement.
A lawyer can help you figure out whether filing first is in your best interests and assist with identifying your goals and hopes for the process. Contact us today at The Law Offices of Roger W. Stelk to learn more.
