What to do After Separation but Prior to Divorce

 Posted on July 18, 2015 in Divorce

For many couples, separating is the first step to divorcing. In fact, Illinois law requires a separation period of no less than six months for a no-fault divorce. Separating gives the couple time to work out their issues without the pressure of having to comply with the court&s deadlines or having to pay for lawyer meetings, hearings, and other divorce-related fees. During the separation period, couples can save money and stress by working together to develop a plan before officially filing for their divorce.

There are a few steps that a couple should take after separating that can make their divorce quicker and easier. A quick divorce is almost always less expensive than a long, drawn-out divorce. If you are currently separated from your spouse, some of the following may help you more efficiently end your marriage.

Prepare the Necessary Documents

During the divorce process, you and your spouse will have to divide your assets. In Illinois, assets are divided according to the equitable distribution principle, which means that rather than splitting your assets 50/50, the court will award them according to each partner&s needs and contributions. Have the following documents ready for your attorney and the court:

• Financial statements related to your real estate properties ;
• Pay stubs and other income documentation;
• Your savings and checking account information;
• Your life insurance policy;
• Any debts you hold;
• Your pension; and
• Registration for your vehicles, including boats and recreational vehicles.

Discuss Your Upcoming Divorce with Your Spouse

Talk to him or her about the possibility of divorcing through mediation or a collaborative agreement, rather than through litigation. Explore the differences between these options and determine the type that you think will work best for you, if your relationship is amicable enough to have this discussion. Your attorney can also provide valuable input into the decision.

In some cases, there are circumstances present that prevent couples from pursuing certain types of divorce. Discuss these circumstances with your attorney to determine the divorce types you are eligible to pursue.

Provide Your Attorney with any Necessary Personal Documents

If you have a prenuptial agreement in place, make sure your attorney is given a copy. He or she might also need your birth certificate, immigration and naturalization documents if applicable, and your Social Security information.

Save Money

Even the most meticulously planned divorces cost money. Do not make any unnecessary, significant purchases before your divorce. You could find yourself facing unexpected expenses during your divorce and having extra money on hand can make these expenses much easier for you to handle.

Illinois Divorce Attorneys

If you are ready to take the next step and file for divorce, contact A Traub & Associates to schedule a consultation with a skilled Lombard divorce attorney at our firm to discuss your situation. During this consultation, we will discuss the divorce process, your rights and legal options throughout it, and how any unique circumstances present in your case may affect the proceedings.