Five Important Things to Do Before You File for Divorce

 Posted on June 30, 2026 in Divorce

Filing for divorce is a decision that most people think about very carefully. Not as many people take the time to prepare themselves for the actual filing and divorce process. 

Filing for divorce without preparing carefully first is a common and expensive mistake people make, but you can avoid it by planning and researching what you need to do. If you are considering divorce, speaking with a Naperville, IL divorce attorney well before you file is one of the most important steps you can take. Here are some others.  

Organize Your Financial Documents

Divorce in Illinois requires a full picture of both spouses' finances. Before you file, find and make copies of important documents, including:

• Tax returns from the past three to five years

• Bank and investment account statements

• Retirement account statements

• Mortgage documents

• Any records of debts in either of your names

The more organized you are before you file for divorce, the less time your attorney has to spend helping you put your case together and tracking down information. This makes for a faster, less expensive divorce. 

Learn About How Property Division Works in Illinois

The rules about property division are found in the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503. Illinois is known as an "equitable distribution state." This means marital property is divided fairly, but not necessarily equally, as compared to community property states where everything is split down the middle. 

Spouses are always encouraged to negotiate a property settlement outside of court whenever possible. When necessary, a judge who must divide property will consider factors like:

• Each spouse's contribution to the marriage

• The length of the marriage

• The economic circumstances of each party

• Whether there is a valid prenuptial or postnuptial contract 

• Whether either spouse will be awarded the family home

As of 2026, Illinois law draws a clear distinction between marital property and non-marital property, which includes assets owned before the marriage or received as gifts or inheritance. Understanding the difference between these two before you file helps you set realistic expectations about what a final settlement might look like.

Plan for Your Living Situation Before You Move Out

Moving out of your home before the divorce is resolved can affect your legal position in ways that are difficult to undo. Leaving does not mean you forfeit your rights to the property, but it can complicate custody arrangements and create a status quo that a court may not want to disrupt to protect your kids. 

Before making any decisions about where you will live during the divorce process, you should meet with an attorney. 

Try to Mitigate the Effect of Divorce on Your Children

If you have children, Illinois courts will make parenting time and decision-making decisions based on the best interests of the child standard (found at 750 ILCS 5/602.7). Before you file, think carefully about what kind of co-parenting arrangement would genuinely serve your children well. Be prepared to show that your ideas are based on their needs, not just what you want.

If you can, taking a civil approach with your spouse tends to produce better outcomes for children. It also reduces the time and cost of the divorce process for everyone. 

At Fay & Farrow, Attorney Farrow is certified as a Child's Representative and Arbitrator in DuPage County. He brings a thorough understanding of how children's interests are weighed in Illinois family law proceedings. 

Review and Protect Your Credit

Divorce itself doesn’t change your credit score, but many of the results of divorce can cause problems that do. Joint accounts, shared loans, and debts in both names remain your responsibility until they are formally handled in the divorce settlement. Even after the settlement, if your name is on a debt, creditors can still come after you for payment. 

Before you file for divorce, you should carefully review your credit report. Make sure you know which debts are in your name, and which accounts your spouse has access to, even as an authorized user. Consider opening your own accounts if you do not already have them.

Call a Naperville, Illinois Divorce Lawyer Today

At Fay & Farrow, our family law firm has served the Naperville community for decades as one of the area's longest-standing firms. We focus exclusively on divorce and family law. Whenever possible, we help clients find civil and effective solutions to even the most complex situations outside the courtroom. 

Call a Kane County divorce attorney at Fay & Farrow today at 630-961-0060 for a free consultation.