How do I prepare for a divorce?

February 5th, 2024 by Tiffany Hughes

Thinking about getting a divorce? This is a big step and taking time to prepare for a divorce can save you time, money, and headaches. The biggest thing you can do to prepare for your divorce is to set expectations of how you want your divorce proceedings to go.

Divorce Basics in Illinois

Knowing more about the divorce process can help with the uneasiness and anxiety that divorces can bring. While every divorce is different, your divorce will end with three documents:

1. Judgement for Dissolution of Marriage: this is the main document to your divorce. This will effectively nullify your marriage and is essential to any divorce.
2. Allocation of Parenting Time and Parenting Responsibilities: The parenting plan or Allocation Judgment will show the schedule for both parents to follow regarding the kid’s and which parent is responsible for what decisions for the children (i.e. religion, extracurricular activities, education and medical).
3. Marital Settlement Agreement: This document will dictate which assets and debts each party will keep and if applicable, will dictate the maintenance (formerly known as alimony) and child support.

How do I prepare for a divorce?

Gathering Documents

Throughout your divorce proceedings, your legal team will need to comb through various documents to help you achieve the outcome you want in your divorce. Be sure to gather all these documents before you begin the divorce process for you or your lawyer to look at.

1. Various income related documents such as W-2, K-1, 1099s, filed tax returns, and other supporting documents will help determine your financial status. Looking at these documents will help your legal team and the Court decide how much each party pays or receives in child support and maintenance (alimony).
2. Other marriage documents, including your marriage license, a prenuptial or postnuptial agreement if you have it are essential.
3. Any Real Estate related documents: such as deeds, appraisals, mortgages, and rental property records.

At The Law Office of Tiffany Hughes, P.C, our experienced team will provide you with a divorce questionnaire that will help you answer and compile all necessary documents and information pertaining to your marriage. We customize the plan and strategy for each client and provide personalized service to all that we represent.

Thinking Long Term

While a divorce is stressful and tends to take up a lot of one’s mental energy, you must think about the long term. Legal issues that are happening now aren’t the only thing you need to prepare for. Some things to discuss with your legal team is retirement or pension accounts that you may want to get your fair share of. Additionally, it’s important to address who will pay for college for your children, even if that is years away. While these are things your legal team will discuss with you, preparing for these things will help you move proceedings along quicker.

How do I prepare for a divorce when I have children?

Divorces with Children

Divorces with children can be a bit trickier than without. To prepare for your divorce, start by thinking about your goals regarding your children and what situations would be in their best interests following the divorce proceedings. Keeping this in mind can help the proceedings focus on the benefit of the kids and keep priorities straight instead of resentments or feelings that you may towards the other spouse or parent.

If you have children, there will need to be a decision made for parenting time. A big way to prepare for your divorce is to ask yourself how much time you hope to spend with your kids after the divorce. In Illinois, when considering a schedule for parenting time, the Court will look at how much time each parent spent with the children in the last 24 months pertaining to caretaking responsibilities per Illinois 750 ILCS 5/602.7(b) (3). Parents who have been more involved with these responsibilities tend to receive a more generous portion of parenting time following the divorce proceedings.

Child Support is determined by both parties’ gross income to dictate how much one party pays or receives, but parenting time is also a factor. However, if one party is unemployed, there are ways to calculate it without a current job, see below:

“If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income.” 750 ILCS 5/505(a)(3.2)

“A determination of potential income shall be made by determining employment potential and probable earnings level based on the obligor’s work history, occupational qualifications, prevailing job opportunities” 750 ILCS 5/505(a)(3.2)

Get a Lawyer, but not just any Lawyer

Regardless of how straightforward you may believe your divorce is, you do not know what your legal rights are or how to prepare for or finalize your divorce. No matter what your divorce entails, having a legal team like The Law Office of Tiffany M. Hughes, P.C. with extensive experience zealously advocating your best interest is critical in a divorce. Divorces are intricate ordeals that require an expert like Tiffany Hughes to ensure your future is secure and that you are getting everything that the law affords to you.

Need More Information or Representation?

If you are looking to start or are going through divorce proceedings and need more information regarding filing for a divorce and/or next steps for preparing for your divorce, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping client’s with simple and complex divorces including high asset, complex matters while protecting privacy and advocating for our client’s best interests.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.