Illinois Divorce Preparation Checklist: 50 Steps Before Filing

The moment you realize your marriage is ending, the clock starts ticking. Not on some arbitrary deadline—but on your window of opportunity to protect everything you've built. In my 15 years practicing family law in Illinois, I've watched spouses lose hundreds of thousands of dollars simply because they filed before they prepared. I've also seen clients who spent 90 days methodically following a preparation checklist walk into mediation with complete leverage.

This isn't about being vindictive. It's about being smart. Illinois is an equitable distribution state under 750 ILCS 5/503, which means the court divides marital property "fairly"—not necessarily equally. Fair depends heavily on what you can prove exists, what you can document was dissipated, and how completely you understand your own financial picture.

What follows is the most comprehensive divorce preparation checklist available for Illinois residents. These 50 steps represent everything I wish every client had done before walking into my office. Print this. Save it. Work through it systematically. Your future self will thank you.

Phase 1: Financial Intelligence Gathering (Steps 1-15)

Before you breathe a word about divorce to your spouse, you need to become an expert on your own finances. Most people couldn't tell you their household's net worth within $100,000. That ignorance becomes expensive in divorce court.

Steps 1-5: Bank and Investment Accounts

1. Download 24 months of statements from every bank account—joint and individual. Illinois courts look at financial patterns, and two years of data reveals hidden transfers, suspicious withdrawals, and spending habits.
2. Document all investment accounts: brokerage accounts, IRAs, 401(k)s, pension statements, stock options, and RSUs. Note current balances AND the balance on your date of marriage if accessible.
3. Photograph or scan every credit card statement for the past 24 months. Dissipation claims—where one spouse wastes marital assets—require evidence of the spending.
4. Identify all protecting digital assets holdings. Check browser history for exchanges like Coinbase, Kraken, or Binance. Look for hardware wallet purchases. As someone with cybersecurity certifications, I can tell you crypto is the #1 place spouses hide assets in 2024.
5. Request Social Security statements for both spouses at ssa.gov. These show lifetime earnings and become critical for spousal support calculations.

Steps 6-10: Property and Debt Documentation

6. Obtain current mortgage statements showing principal balance, interest rate, and monthly payment. Request payoff quotes if possible.
7. Gather property tax bills and recent appraisals. If your home hasn't been appraised in 3+ years, note this—you'll need a current appraisal during divorce.
8. List all vehicles with VINs, loan balances, and approximate values (use Kelley Blue Book). Include boats, motorcycles, RVs, and recreational vehicles.
9. Document all debts: student loans, personal loans, lines of credit, medical debt, and family loans. Under Illinois law, debt acquired during marriage is generally marital debt regardless of whose name it's in.
10. Pull credit reports for both spouses from AnnualCreditReport.com. This reveals accounts you may not know exist—and catches identity theft or hidden debt.

Steps 11-15: Income and Business Documentation

11. Collect 3 years of tax returns—federal and state, including all schedules and W-2s. If your spouse is self-employed, you need Schedule C, K-1s, and any business returns.
12. Gather recent pay stubs (last 3-6 months) for both spouses. Note bonus structures, commission schedules, and expected raises.
13. Document any business interests: operating agreements, partnership agreements, shareholder agreements, buy-sell agreements. Business valuation is one of the most contentious aspects of high-asset divorce.
14. Identify all sources of passive income: rental properties, royalties, licensing fees, dividend income, trust distributions.
15. Note any expected inheritances or trust interests. While inheritances are typically non-marital property under 750 ILCS 5/503(a)(1), commingled inheritances become marital property.

Phase 2: Document Preservation (Steps 16-25)

Documents disappear. Hard drives get "accidentally" wiped. Filing cabinets get cleaned out. Once your spouse suspects divorce is coming, your access to shared information often vanishes overnight. This phase is about creating your own secure archive.

Steps 16-20: Creating Your Secure Document Repository

16. Open a new email account your spouse doesn't know about. Use this exclusively for divorce-related communications and document storage. Gmail's 15GB of free storage can hold thousands of PDF statements.
17. Rent a safe deposit box at a bank where you don't have joint accounts. Store original documents here: birth certificates, passports, Social Security cards, estate planning documents.
18. Copy the contents of any home safe or filing cabinet. Photograph documents with your phone if you can't remove them—ensure the camera captures the full document clearly.
19. Back up shared digital files: family photos, videos, important emails. Don't delete anything from shared drives—just ensure you have copies.
20. Document home contents with video. Walk through every room narrating high-value items: "This is the living room. The art above the fireplace was purchased at [gallery] in [year] for approximately [amount]." Include attics, garages, storage units.

Steps 21-25: Legal and Estate Documents

21. Locate your marriage certificate. If you can't find it, order a certified copy from the county clerk where you were married.
22. Gather prenuptial or postnuptial agreements and any amendments. These documents dramatically impact property division.
23. Copy all estate planning documents: wills, trusts, powers of attorney, healthcare directives. These reveal asset structures and beneficiary designations that affect divorce.
24. Document beneficiary designations on life insurance policies, retirement accounts, and payable-on-death accounts. These often contradict what couples assume about asset ownership.
25. Collect any previous legal filings: prior divorce decrees (for either spouse), orders of protection, child custody orders from other relationships, bankruptcy filings.

Phase 3: Financial Self-Protection (Steps 26-32)

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Once divorce is on the horizon, you need to establish financial independence without doing anything that looks like you're hiding assets or acting in bad faith. This is a delicate balance that requires thoughtful execution.

Steps 26-29: Establishing Individual Credit and Banking

26. Open an individual bank account in your name only at a different bank than your joint accounts. Deposit enough to cover 2-3 months of essential expenses—this is emergency preparedness, not asset hiding.
27. Apply for a credit card in your name only. If you've always used joint cards, you may have limited individual credit history. Start building it now.
28. Freeze your credit with all three bureaus (Equifax, Experian, TransUnion). This prevents your spouse from opening new joint debt in your name during the divorce process.
29. Review and document all automatic payments and subscriptions. Know what comes out of which account and when. This becomes critical when accounts are frozen or divided.

Steps 30-32: Protecting Your Credit and Financial Identity

30. Set up credit monitoring alerts. Free services like Credit Karma will notify you of any new accounts or inquiries on your credit report.
31. Document your current credit scores. Screenshot them with dates. If your spouse damages your credit during divorce, you'll need to prove the pre-divorce baseline.
32. Inventory all usernames and passwords for financial accounts, utilities, and online services you share. Change passwords on YOUR individual accounts only—not joint accounts.

Phase 4: Building Your Support Team (Steps 33-38)

Divorce is a team sport. You need the right professionals in your corner before you file—not scrambling to find them in crisis mode.

Steps 33-35: Legal Consultation

33. Interview at least three divorce attorneys. Ask about their experience with cases similar to yours, their approach to negotiation vs. litigation, and their fee structure. Many offer free initial consultations.
34. Ask specific questions about Illinois divorce law: How does equitable distribution work? What factors affect maintenance? What's the process for filing for divorce in Illinois? A good attorney should educate you, not just sell you.
35. Understand the strategic implications of timing. There are real advantages to filing for divorce first in Illinois, including choosing the county and setting the procedural pace.

Steps 36-38: Financial and Mental Health Professionals

36. Consult a financial advisor who specializes in divorce (Certified Divorce Financial Analyst or CDFA). They can project long-term implications of different settlement scenarios.
37. Establish care with a therapist. Divorce is one of life's most stressful events. Having mental health support isn't weakness—it's strategic. Judges notice which parent has their act together.
38. If children are involved, research family therapists. Having a recommendation ready shows the court you prioritize your children's wellbeing.

Phase 5: Children and Custody Preparation (Steps 39-44)

If you have minor children, custody becomes the central issue of your divorce. Illinois eliminated the terms "custody" and "visitation" in 2016, replacing them with "allocation of parental responsibilities" and "parenting time" under 750 ILCS 5/602.5. Preparation in this area requires delicacy and documentation.

Steps 39-41: Documenting Parenting Involvement

39. Create a parenting log documenting who handles daily childcare tasks: school drop-offs, doctor appointments, homework help, extracurricular transportation, bedtime routines. Illinois courts want to see who has historically been the primary caregiver.
40. Gather school records: report cards, attendance records, teacher contact information. Note which parent typically communicates with teachers and attends conferences.
41. Compile medical records for all children: pediatrician information, immunization records, any ongoing treatments or medications, therapy records. Note which parent manages medical appointments.

Steps 42-44: Planning for Post-Divorce Parenting

42. Draft a proposed parenting schedule. Think practically about work schedules, school calendars, and children's activities. Courts favor parents who present reasonable, child-focused proposals.
43. Research childcare options and costs for your post-divorce situation. If you'll need to return to work or increase hours, know what childcare will cost.
44. Document any concerns about the other parent's ability to care for children: substance abuse, mental health issues, domestic violence, neglect. Gather evidence—don't just make accusations.

Phase 6: Digital and Privacy Security (Steps 45-48)

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This is where my cybersecurity background becomes particularly relevant. In modern divorce, digital evidence is often decisive—and digital security can protect you from surveillance, harassment, and fraud.

Steps 45-48: Securing Your Digital Life

45. Audit your devices for shared access. Check if your spouse has access to your phone's location (Find My iPhone, Google location sharing). Check shared photo streams, cloud storage, and password managers.
46. Review all connected devices. Smart home devices, Ring doorbells, and car infotainment systems often track location and activity. Know what's being logged and by whom.
47. Change passwords on personal accounts—email, social media, financial accounts in your name only. Use unique passwords and enable two-factor authentication. Use a password manager your spouse doesn't know about.
48. Be strategic about what you post on social media. Better yet, pause social media entirely. Screenshots of posts contradicting your legal positions have destroyed countless divorce cases.

Phase 7: Final Preparation (Steps 49-50)

You've gathered documents, protected your finances, assembled your team, and prepared your digital life. Now it's time for the final steps before filing.

Steps 49-50: Creating Your Action Plan

49. Create a "go bag" with essential documents. If you need to leave quickly due to safety concerns, have copies of identification, financial documents, and children's documents ready. Store it somewhere accessible but not in your home.
50. Develop a communication plan. How will you tell your spouse? Will you do it with your attorney present? Will you move out first? Discuss timing and logistics with your attorney before taking action.

Real-World Scenario: How Preparation Changed the Outcome

Let me share a scenario I've seen play out differently based on preparation:

The Unprepared Spouse: Sarah suspected her husband was hiding income from his consulting business. She filed for divorce emotionally after an argument, without gathering documents first. By the time discovery began, her husband had moved business accounts offshore and claimed the business was failing. Without baseline financial records, Sarah's attorney couldn't prove dissipation. She settled for 40% less than she was likely entitled to.

The Prepared Spouse: Michael spent three months methodically following this checklist before telling his wife he wanted a divorce. He downloaded two years of their joint investment statements, photographed documents in her home office, and documented her spending patterns. When she claimed certain investment accounts were "her separate property," Michael produced evidence they were funded entirely from his employment bonuses. The settlement reflected his preparation—he kept the assets he'd earned.

The difference wasn't intelligence or resources. It was preparation.

Frequently Asked Questions About Illinois Divorce Preparation

What documents do I need before filing for divorce?

At minimum, you need: 24 months of bank statements for all accounts, 3 years of tax returns, recent pay stubs, mortgage statements, vehicle titles and loan documents, credit card statements, retirement account statements, insurance policies, and your marriage certificate. For high-asset divorces, add business formation documents, stock option grants, cryptocurrency exchange records, and estate planning documents. The more comprehensive your documentation, the stronger your negotiating position.

How do I prepare financially for divorce?

Start by creating a complete picture of your marital finances—assets, debts, income, and expenses. Open an individual bank account with enough to cover 2-3 months of expenses. Establish credit in your name only. Create a post-divorce budget projecting your living expenses. Consult a Certified Divorce Financial Analyst (CDFA) to understand the long-term implications of different settlement scenarios. Under Illinois law, you'll need to complete financial disclosure forms anyway—doing the work in advance gives you a strategic advantage.

Should I open my own bank account before divorce?

Yes, but do it thoughtfully. Opening an individual account is legal and prudent financial planning. Deposit enough to cover 2-3 months of essential expenses—housing, food, utilities, childcare. Don't drain joint accounts or make large transfers that look like you're hiding assets. Under 750 ILCS 5/501(a-1), once divorce is filed, automatic restraining orders limit financial moves by both parties. Establishing your individual account before filing gives you financial security without court complications.

What should I copy before divorce?

Copy everything you might need and cannot easily obtain later: tax returns, financial statements, loan documents, insurance policies, estate planning documents, business records, employment contracts, property deeds, vehicle titles, and photographs of valuable personal property. Also photograph the contents of safes, filing cabinets, and any documents your spouse controls. Store copies in a secure location your spouse cannot access—a safe deposit box, trusted family member's home, or encrypted cloud storage.

How do I protect my credit during divorce?

First, pull credit reports from all three bureaus to establish your baseline and identify all existing accounts. Freeze your credit to prevent new accounts being opened. Set up credit monitoring alerts. Document all existing joint debt—you may remain liable for joint debts even after divorce unless the decree specifically addresses them. Close joint credit accounts if possible, or remove your spouse as an authorized user on your individual accounts. During divorce, pay at least minimum payments on joint debt to protect your credit score even if your spouse should be responsible.

Should I change passwords before filing?

Change passwords on accounts that are yours individually—your personal email, your individual bank accounts, your social media. Do NOT change passwords on joint accounts or accounts that belong to your spouse. Also change passwords if you suspect your spouse has been accessing your accounts without permission. Enable two-factor authentication on everything. Use a password manager your spouse doesn't know about. Remember that any account you had during marriage may be subject to discovery—changing passwords doesn't hide anything from the legal process, it just protects your privacy day-to-day.

What photos should I take before divorce?

Document everything of value: walk through your entire home with video, narrating items and their approximate values. Photograph jewelry, art, antiques, collectibles, and electronics. Include serial numbers where visible. Photograph the inside of safes and filing cabinets. Take pictures of vehicles, boats, and recreational equipment. If you have a vacation home or storage unit, document those too. Pay special attention to items that could easily "disappear"—watches, coin collections, sports memorabilia. Take photos of the contents of your spouse's office or workspace. Date-stamp everything.

How do I document assets for divorce?

Create a comprehensive asset inventory spreadsheet with columns for: asset description, approximate value, how value was determined, whose name it's in, whether you believe it's marital or non-marital property, and where documentation is stored. For each asset, gather supporting documents—statements, titles, appraisals, purchase receipts. For complex assets like businesses or stock options, note that professional valuation will be needed. Take photographs of physical assets. The more organized your documentation, the more credible your positions appear and the lower your attorney fees will be.

Should I talk to a lawyer before filing?

Absolutely. Talking to a lawyer doesn't commit you to divorce—it educates you about your rights and options. A consultation helps you understand how Illinois law applies to your specific situation, what outcomes are realistic, and what preparation you still need to do. Many attorneys offer free initial consultations. Interview at least three lawyers to find someone whose style and approach match your situation. The strategic advice you receive before filing often determines the trajectory of your entire case.

How do I prepare emotionally for divorce?

Recognize that divorce is consistently ranked among life's most stressful events. Establish care with a therapist before filing—waiting lists can be long, and you don't want to be scrambling during crisis moments. Build a support network of trusted friends and family, but be selective about who you confide in (avoid mutual friends who might share information with your spouse). Develop stress management practices: exercise, sleep hygiene, limiting alcohol. If you have children, family therapy can help everyone process the transition. Emotional stability isn't just about wellbeing—judges notice which parent is regulated and which is reactive.

Next Steps: Your 30-Day Action Plan

This checklist can feel overwhelming. Here's how to break it into manageable phases:

Week 1: Financial intelligence gathering (Steps 1-15). Focus exclusively on documenting your current financial picture.

Week 2: Document preservation (Steps 16-25). Create your secure repository and copy everything you need.

Week 3: Financial self-protection and team building (Steps 26-38). Establish your financial independence and interview attorneys.

Week 4: Children, digital security, and final preparation (Steps 39-50). Complete custody documentation, secure your digital life, and finalize your plan.

If you have safety concerns or believe your spouse may file first, accelerate this timeline and prioritize the most critical steps: securing documentation, consulting an attorney, and establishing financial access.

Divorce is never easy. But walking into it prepared—with complete documentation, the right professional team, and a clear understanding of Illinois law—transforms you from a victim of circumstances into an active participant in your future. You've done hard things before. You can do this too.

When you're ready to discuss your specific situation, contact an experienced Illinois family law attorney who can evaluate your preparation and guide you through the next steps. The consultation is the beginning of your new chapter.