The strategic steps to take before filing—finances, documents, children, and protecting yourself.
The Goal: Before filing, you want to (1) understand your financial picture, (2) secure copies of important documents, (3) establish your own financial identity, and (4) think strategically about custody. The more prepared you are, the better positioned you'll be for negotiations.
1
Financial Inventory
Your first priority is understanding the full financial picture. You'll need this for property division, support calculations, and negotiations.
Documents to Gather:
Income & Employment
• Pay stubs (3-6 months)
• Tax returns (3-5 years)
• W-2s and 1099s
• Employment contracts
• Bonus/commission records
Bank Accounts
• All checking/savings statements
• Money market accounts
• CDs and treasury bonds
• Joint AND individual accounts
• Account numbers and balances
Investments & Retirement
• 401(k) and pension statements
• IRA accounts
• Brokerage statements
• Stock options/RSUs
• Cryptocurrency holdings
Real Estate
• Mortgage statements
• Property deeds
• Recent appraisals
• Home equity lines
• Rental property records
Debts
• Credit card statements
• Auto loans
• Student loans
• Personal loans
• Lines of credit
Business Interests
• Business tax returns
• Profit/loss statements
• Partnership agreements
• Ownership documents
• Business valuations
Pro Tip:Make copies of everything and store them outside the home—with a trusted friend, in a safety deposit box, or in secure cloud storage. If your spouse controls the finances, this is your chance to understand what exists.
2
Establish Financial Independence
Open Your Own Bank Account
Open an individual checking and savings account in your name only. You'll need this for your own expenses and eventually for receiving support payments.
Establish Your Own Credit
If you don't have credit in your own name, apply for a credit card. Your credit history may be tied to joint accounts that will be closed. You need independent credit for your post-divorce life.
Get Your Credit Report
Check your credit report at annualcreditreport.com. This reveals all accounts in your name—including joint accounts you may not know about and any debts your spouse has opened.
Secure Your Mail
Consider a PO Box for sensitive correspondence, especially if your spouse handles the mail. Your attorney communications, financial statements, and court documents should stay private.
Build a Cash Reserve
If possible, save money for attorney fees and initial expenses. Legal fees, temporary housing, and living expenses add up quickly. Having a financial cushion reduces stress.
Warning:Do NOT drain joint accounts or hide assets. This is illegal dissipation and will hurt your case. Taking reasonable funds for living expenses is fine, but document what you take and why. Courts punish asset hiding severely.
3
Digital Security
Your digital life contains evidence, communications, and private information. Secure it before your spouse knows divorce is coming.
Change Passwords
Email, banking, social media—especially anything your spouse might know or have saved. Use unique passwords for each account.
Enable 2-Factor Authentication
Add extra security to important accounts. This prevents access even if someone knows your password.
Check Location Sharing
Review Find My Friends, Google location sharing, family sharing plans. Your spouse may be tracking your location without you realizing.
Review Shared Cloud Storage
iCloud, Google Drive, Dropbox—if shared, your spouse can see your documents. Move sensitive files to your own storage.
Create New Email
Set up a private email your spouse doesn't know about for attorney communications and divorce-related matters.
Check Devices for Spyware
If your spouse is tech-savvy or jealous, consider having your phone and computer checked for monitoring software.
4
Custody Considerations
If you have children, custody will likely be the most important—and contentious—issue. Start thinking strategically now.
Be Present
Courts look at who has been the primary caregiver. Make sure you're involved in daily parenting—school pickup, bedtime, doctor visits, activities. Document your involvement.
Don't Move Out Without a Plan
If you leave the family home and leave the children, you've established a status quo. Courts are reluctant to disrupt children's routines. If you must leave, take the children or have a clear custody plan.
Keep Communication Civil
Every text, email, and voicemail can become evidence. Communicate as if a judge will read it. Never badmouth your spouse to or in front of the children.
Don't Use Children as Messengers
Never communicate with your spouse through the children or involve them in adult disputes. This harms them and reflects poorly on you in custody proceedings.
5
Build Your Team
Divorce Attorney
Interview 2-3 attorneys before deciding. Look for family law experience in your county, someone who listens, and a fee structure you can afford.
When to hire: Before you tell your spouse you want a divorce, if possible.
Financial Advisor/CPA
Especially important in high-asset divorces or if you haven't managed household finances. They can help value assets and plan for your financial future.
When to hire: Complex finances or business interests.
Therapist
Divorce is emotionally devastating even when it's the right decision. A therapist helps you process emotions, make clear decisions, and be a better parent through the transition.
When to hire: Now. Before, during, and after.
Support Network
Identify trusted friends or family who can provide emotional support, help with childcare, or assist with practical matters. You can't do this alone.
Caution: Be careful what you share—mutual friends may not keep confidences.
What NOT to Do
Don't Hide Assets
Courts punish this severely. Be transparent—you'll be required to disclose everything anyway.
Don't Drain Accounts
Taking reasonable funds for expenses is okay. Emptying accounts is dissipation and will backfire.
Don't Badmouth Your Spouse
Especially to children or on social media. Courts watch for this. It hurts your custody case.
Don't Start Dating Publicly
Illinois is no-fault, but flaunting a new relationship can inflame negotiations and affect credibility.
Don't Make Threats
Threatening to "take the kids" or "leave you with nothing" creates evidence against you and may constitute harassment.
Don't Neglect Self-Care
You need to function at your best. Eat, sleep, exercise. Don't self-medicate with alcohol or drugs.
Frequently Asked Questions
What documents do I need for divorce in Illinois?+
Key documents include: tax returns (3-5 years), bank and investment statements, retirement account statements, mortgage and property documents, credit card statements, pay stubs, business records if applicable, and insurance policies.
Should I open a separate bank account before divorce?+
Yes, but be transparent about it. Having your own account for daily expenses is reasonable. However, emptying joint accounts or hiding assets is illegal and will hurt your case. Document what you take and why.
Can I move out before filing for divorce?+
You can, but consider the implications carefully. Moving out doesn't affect your property rights, but it can affect custody if you leave the children behind. It may also make it harder to return to the home later. Consult an attorney first.
How long do I have to live in Illinois to file for divorce?+
At least one spouse must have been an Illinois resident for 90 days before the judgment is entered. You can file immediately upon moving to Illinois, but the divorce can't be finalized until the 90-day requirement is met.
Should I tell my spouse I'm planning to divorce?+
It depends on your situation. If there's no risk of financial manipulation or safety concerns, open communication may lead to a smoother process. But if you suspect your spouse might hide assets, drain accounts, or become dangerous, secure yourself first and consult an attorney before disclosing.
How much does divorce cost in Illinois?+
Costs vary dramatically. An uncontested divorce with agreement can cost $3,000-$10,000. A contested case with custody disputes, business valuations, or trials can cost $30,000-$100,000+. The biggest factor is how much you and your spouse fight. The more you agree, the less you spend.
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This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.