Filing for divorce is the first step in the legal process of ending a marriage. This usually means having an attorney draft an initial divorce complaint and submit it to the court. Although doing so starts the official legal process of divorce, it may not be the first step you must take when you make the decision to pursue divorce. In many cases, it is prudent to take a few steps prior to filing in order to ensure that you are as ready as possible. 

No two couples’ divorce journey will look exactly alike. You may need to take steps most sets of spouses would not need to worry about, or you may be able to skip a step many others would normally need to take. If your divorce is amicable, you may not need very extensive preparation. If your divorce is very contentious, more extensive preparation may be prudent. 

It is important for you to be well-prepared before the legal aspect of your divorce begins. Your attorney can help you determine which specific steps will help you be ready for the legal battle that may ensue. 

A prenuptial agreement, or “prenup,” is a legal document signed by a couple before marriage that specifies how assets and other issues will be divided in the event of a divorce. Prenups are helpful to protect the interests of both spouses by outlining certain expectations. You can hire a family law attorney to ensure that your prenup is enforceable and will work to protect you and your best interests. 

What Are the Advantages of a Prenuptial Agreement?

A prenuptial agreement helps partners to talk about their expectations right away. Discussing finances can help couples understand one another's obligations and debts better. Those with high-value assets or business interests will benefit the most from a prenuptial agreement. 

What Should I Include in My Prenuptial Agreement?

When drafting your prenup, you must first identify the assets and debts that each party is bringing into the marriage. Both parties must be honest about their finances, or an agreement will not be enforceable. Assets and debts may include:

A majority of people who get divorced today use strategies like divorce mediation and attorney-facilitated negotiation to settle their divorces. Only a minority of divorce cases are now litigated. One of the earliest decisions you will need to make during the divorce process is whether you would like to try alternative dispute resolution or proceed directly to litigation. In most cases, resolving your divorce issues outside of court is faster and less costly. However, it only works if both parties are willing and able to participate in good faith. While you do not need to be amicable to succeed in mediation, mediation may not be an effective strategy if there is a very high degree of conflict in your case. You likely know your situation better than anyone else and may be in the best position to determine whether alternative dispute resolution is likely to be worth trying. An attorney can help you determine whether your case is one that may need to be litigated. 

Who Should Consider Alternative Dispute Resolution? 

Most spouses should consider using mediation or attorney-facilitated negotiation. Even if you are not on the best of terms, divorce mediators are experienced in keeping communication productive. You do not even need to be in the same room as your spouse in some types of divorce mediation. However, both you and your spouse must be willing to work with each other and behave in a fair and reasonable manner. 

You may also find that mediation can be good for parents who will need to continue co-parenting after the divorce. Mediation can protect the children from the conflict involved in the divorce. 

Not many spouses who are going through a divorce look forward to co-parenting with their ex-spouse. Odds are, you wanted to get divorced because you did not see eye to eye on many topics, parenting included. There is a reason it is so common for parents who are separating or getting divorced to want sole custody, known as sole parental responsibilities in Illinois. 

It can be challenging to collaborate with your former spouse. However, in most cases, children benefit from a relationship with both of their parents. This more than likely means that you and your former spouse will need to work together for the good of your children. One way to set yourself up for success as co-parents is to develop a strong parenting plan. 

A parenting plan can address a wide variety of topics related to your child’s upbringing, from which parent they will spend time with and when, to who should be in charge of making important healthcare decisions for the child. An attorney can help you develop a more complete understanding of what type of agreements should be included in your parenting plan. 

In many ways, divorce is your opportunity to begin anew. You may not want to wait until your divorce is completely final before you jump back into the dating world. Many people wonder whether dating during a divorce will complicate their legal process. Dating during the divorce may not have legal consequences, but it could have practical implications.

Illinois Law Does Not Punish a Spouse for Marital Misconduct

Dating during a divorce could be considered “marital misconduct,” even though you may think that it is innocuous. Technically, you are still legally married until the divorce is final. Even if a court were to view dating during a divorce as if it were infidelity, however, it would not affect the key issues of the marriage. Marital misconduct does not impact how property is divided, nor does it affect child support. From a legal standpoint, there would be no consequences for dating before your divorce is finalized unless you were spending large sums of marital assets on the person who you were dating. 

Your Spouse May Take Issue with You Dating

While your soon-to-be ex-spouse does not have control over your life, you need their signature on the divorce settlement agreement to end your marriage. Otherwise, a judge would need to decide disputed matters in a contested divorce. If your spouse sees that you are dating, they may get upset. They may have difficulty processing the thought of you trying to start your life again. Your spouse may think that they need to get revenge, and they may try to do it through the divorce process. They could decide to seek more money or seek additional custody of any children.