10 Illinois Divorce Preparation Questions Answered by a Family Law Attorney

Summary

Case Summary: In re Marriage of Stephens - This Illinois family law guide addresses key divorce preparation questions, including costs ($5,000-$100,000+ depending on complexity), required documents, evidence gathering timelines, and modification options, emphasizing that thorough preparation is essential to avoid costly mistakes. A central legal point highlighted is the *In re Marriage of Stephens* (2025) appellate ruling, which demonstrated that courts require proper evidentiary hearings with sworn testimony before converting temporary restraining orders to preliminary injunctions—procedural shortcuts can result in case reversal.

Introduction: "These are the 10 questions every client asks me about divorce preparation. Here are the honest answers based on 15 years practicing family law in Cook County."

The March 2025 ruling in In re Marriage of Stephens (2025 IL App (1st) 242519-U) proves why preparation matters. A spouse with a $300,000 salary watched opposing counsel's mistakes hand him an appellate victory. Don't make those same mistakes. This guide answers your most pressing divorce preparation questions.

Question 1: How much does divorce preparation cost in Illinois?

Short Answer: Basic preparation costs $5,000-$15,000. High-asset cases with equity compensation can run $50,000-$100,000 or more in expert fees alone.

Detailed Explanation: Illinois divorce costs vary dramatically based on asset complexity. For straightforward cases, expect filing fees plus attorney retainers. High-asset cases require specialized experts.

Business valuation experts charge $25,000-$50,000. Forensic accountants add another $15,000-$25,000. RSU valuation alone can cost $15,000-$50,000 depending on the method.

In In re Marriage of Chen (2023), expert methodology selection changed the outcome by $2.4 million. The husband's RSUs dropped from $12 million to $7.2 million after applying illiquidity and forfeiture discounts. That expert fee paid for itself many times over.

Cook County courts expect thorough financial documentation. Cutting corners on preparation often costs more in the long run. Budget realistically from day one.

RSU Valuation Methods Comparison

Question 2: How long does divorce preparation take in Cook County?

Short Answer: Allow 30 days minimum before filing. Complex cases need 60-90 days of preparation for best results.

Detailed Explanation: Proper preparation follows a specific timeline. The first 30 days focus on gathering financial records and securing evidence. This includes three years of tax returns, bank statements, and investment accounts.

For equity compensation cases, add two more weeks. You need RSU grant letters, vesting schedules, and stock option agreements. Digital assets require additional documentation time.

The Stephens reversal happened because one side skipped the evidentiary foundation. They relied on emergency allegations instead. Don't rush this phase.

After filing, discovery takes 28 days minimum under Illinois Supreme Court Rule 213. Missing this deadline triggers sanctions. Build your timeline backward from your target court date.

Question 3: What documents do I need to file for divorce in Illinois?

Short Answer: You need six core documents: Petition for Dissolution, Summons, Financial Affidavit, filing fee payment, Certificate of Dissolution, and Parenting Plan if children are involved.

Detailed Explanation: Missing even one document delays your case by weeks. Here's your complete filing checklist:

• ☐ Petition for Dissolution of Marriage (or Petition for Allocation of Parental Responsibilities for custody-only matters)
• ☐ Summons for service on opposing party
• ☐ Financial Affidavit (sworn and notarized—inaccuracies destroy credibility)
• ☐ Filing fee payment: Verify current amount with your county clerk's office
• ☐ Certificate of Dissolution (required in some counties)
• ☐ Parenting Plan (mandatory if minor children are involved)

Your Financial Affidavit requires special attention. Courts scrutinize these documents closely. Any inaccuracy—intentional or not—damages your credibility throughout the case.

Question 4: Do I qualify for emergency relief during divorce?

Short Answer: It depends. You must prove irreparable harm that money damages cannot fix. Liquid asset disputes rarely qualify.

Detailed Explanation: Under 735 ILCS 5/11-101 and Illinois Supreme Court Rule 65, temporary restraining orders last only 14 days. Converting a TRO to preliminary injunction requires meeting the four-factor test from Mohanty v. St. John Heart Clinic, S.C., 866 N.E.2d 85 (Ill. 2006).

You need an evidentiary hearing with sworn testimony. You must admit exhibits through proper foundation. Cross-examination must be allowed. Most importantly, you must prove legal remedies are inadequate—not just inconvenient.

Critical warning: In marital dissolution cases, "irreparable harm" almost always fails for liquid assets. Dissipated marital assets can be recovered through property division adjustments. You can also pursue dissipation claims under 750 ILCS 5/503(d)(2) or contempt proceedings.

In In re Marriage of Romano (2022), a wife obtained a TRO freezing her husband's brokerage accounts. The court converted it without a proper hearing—exactly like in Stephens. The First District vacated the order. During the delay, the husband liquidated $340,000 in securities. The wife recovered only $180,000. Proper preparation could have prevented this $160,000 loss.

Question 5: What evidence do I need for a high-asset divorce?

Short Answer: You need complete financial documentation, equity compensation records, asset valuations, and evidence of any dissipation. Start gathering evidence 30 days before filing.

Detailed Explanation: Build your evidentiary record as if trial begins tomorrow. The Stephens reversal proves that assumptions about evidence kill cases.

30 days before filing, gather:

• ☐ Financial records: Last 3 years tax returns, bank statements, investment accounts, retirement statements
• ☐ Equity compensation: RSU grant letters, vesting schedules, stock option agreements, restricted stock documentation
• ☐ Digital assets: Cryptocurrency wallets, PayPal, Venmo accounts, online brokerage accounts
• ☐ Asset inventory: All marital property with estimated values and acquisition dates
• ☐ Separate property proof: Inheritances, pre-marital assets, and gifts with supporting paperwork
• ☐ Critical evidence: Text messages, emails, social media posts showing asset dissipation (preserve metadata)

Follow this aggressive discovery timeline:

1. Days 1-7: Issue comprehensive interrogatories targeting equity compensation, retirement accounts, and debt
2. Days 8-14: Subpoena employer records
3. Days 15-21: Retain forensic accountant
4. Days 22-30: Complete fact witness affidavits

Question 6: What if my spouse violates a court order during divorce?

Short Answer: File a motion for contempt immediately. Document every violation with dates, amounts, and evidence. Courts take violations seriously but require proof.

Detailed Explanation: When your spouse violates a court order, timing matters. File your contempt motion within days, not weeks. Include specific dates and dollar amounts for each violation.

Courts distinguish between willful violations and inability to comply. Your spouse claiming they "couldn't" follow the order requires evidence. Bank statements showing available funds undercut that defense quickly.

For asset dissipation violations, document everything. Compare withdrawal amounts to documented legal invoices. Identify any withdrawals exceeding documented expenses. Calculate your dissipation claim under 750 ILCS 5/503(d)(2).

In In re Marriage of Fortner (2019), a husband withdrew $180,000 from retirement accounts. He claimed legal fee necessity. The Fourth District ruled that litigation expense withdrawals don't automatically constitute dissipation. But they must be reasonable and documented. Result: $120,000 credited as reasonable expenses. $60,000 charged as dissipation against his share. The wife's property award increased by $30,000.

Question 7: Can I modify divorce terms later?

Short Answer: Yes, but only certain terms. Maintenance and child-related orders can be modified. Property division is generally final.

Detailed Explanation: Illinois law treats different divorce terms differently for modification purposes. Property division orders are final in most circumstances. You cannot reopen property division simply because circumstances changed.

Maintenance (alimony) can be modified upon showing substantial change in circumstances. Job loss, retirement, or significant income changes may qualify. The burden falls on the party seeking modification.

Child support follows Illinois guidelines and adjusts with income changes. Parenting time and decision-making can be modified when in the child's best interest. Courts require evidence of changed circumstances for any modification.

This is why preparation matters so much. Property division mistakes cannot be fixed later. Get your RSU valuations right the first time. Document everything before the final decree.

Question 8: Can I appeal a divorce decision in Illinois?

Short Answer: Yes. You have 30 days from the final judgment to file a notice of appeal. Appeals focus on legal errors, not factual disagreements.

Detailed Explanation: The Stephens case demonstrates successful appellate strategy. Bradford Stephens won because opposing counsel made procedural errors. The First District found the trial court converted a TRO without proper evidentiary hearing.

Appeals require identifying specific legal errors. Appellate courts don't retry facts. They review whether the trial court applied the law correctly. Procedural violations—like skipping required hearings—provide strong grounds.

Your appeal must be filed within 30 days. Missing this deadline waives your right to appeal. Budget $15,000-$50,000 for appellate attorney fees. Success rates vary significantly based on the issues raised.

The best appellate strategy starts at trial. Object to errors on the record. Preserve issues for appeal. Your trial attorney should document every procedural problem.

Question 9: How do I protect my privacy during divorce?

Short Answer: Change all passwords immediately. Use encrypted email for attorney

Full Opinion (PDF): Download the full opinion

For more insights, read our Divorce Decoded blog.