Biggest Mistakes in an Illinois Divorce

What is the biggest mistake people make during a divorce?

There is no single mistake that matters equally in every Illinois divorce. The recurring pattern is making an early decision that is hard to undo before you have the records or understand the terms. The list above highlights decisions worth pausing over, not a prediction about your case.

Knowing what not to do during a divorce starts with checking what you do not yet understand. Before you sign, transfer money or change your living arrangement, ask what the decision means for your finances and children. Write down what you know and what remains unclear. You can discuss those questions with a Chicago divorce attorney rather than relying on a general checklist alone.

Which money mistakes can cause serious trouble?

Do not hide assets or overlook debts. Ignoring tax consequences is another mistake: the court weighs them in property division under 750 ILCS 5/503. Gather records for property and debt division, including retirement accounts.

Property either spouse acquired after the marriage and before judgment is presumed marital unless clear and convincing evidence shows it is non-marital, for example a gift or inheritance (750 ILCS 5/503(b)(1)). Retirement benefits acquired in that period, including IRAs and defined contribution plans, are also presumed marital (750 ILCS 5/503(b)(2)). Dividing a retirement account can require a separate court order, and the type depends on the plan: a retirement system under Articles 2 through 18 of the Illinois Pension Code uses a Qualified Illinois Domestic Relations Order under 40 ILCS 5/1-119, which that section says is not the same as a federal qualified domestic relations order under Section 414(p) of the Internal Revenue Code, and which cannot reach a survivor's benefit, a disability benefit, a life insurance benefit or a health insurance benefit.

In Cook County, Circuit Court Rule 13.3.1 requires each party in a pre-judgment proceeding involving division of the marital estate, maintenance, child support or educational expenses to serve the completed court-approved Financial Affidavit, together with the last two calendar years of filed income tax returns and recent pay stubs, by that party's own deadline: for the petitioner, no later than 30 days after service of the initial pleading; for the respondent, no later than 30 days after the responding party's appearance is filed; or not less than 7 business days before a hearing, whichever comes first. The affidavit itself is not filed with the clerk unless the court orders it; each party files a certificate of service instead, and the court can extend, advance or excuse service for good cause or on the parties' written stipulation. Other Illinois counties set their own disclosure requirements, so confirm the rule for the county where your case is filed.

For dissipation of marital assets, 750 ILCS 5/503(d)(2) requires that a notice of intent to claim dissipation be given no later than 60 days before trial or 30 days after discovery closes, whichever is later. It must state when the marriage began breaking down irretrievably, identify the property dissipated and state when the dissipation occurred, and a certificate of service must be filed with the clerk. Under 750 ILCS 5/503(d)(2)(iv), no dissipation may be deemed to have occurred prior to 3 years after the party claiming it knew or should have known of the dissipation, and in no event prior to 5 years before the petition was filed.

Which parenting mistakes can hurt your position?

Do not ask your children to carry messages, take sides or repeat a coached answer. Keep communication with your spouse civil and focused on practical needs because messages can become evidence. Discuss concerns about contact or safety with a lawyer rather than making assumptions.

Illinois uses the term parental responsibilities for what people often call custody. Under 750 ILCS 5/602.5 and 5/602.7, the court allocates decision-making and parenting time according to the child's best interests. Parenting-time factors under 750 ILCS 5/602.7 include each parent's caretaking during the 24 months before any petition for allocation of parental responsibilities was filed (or since birth for a child under 2), willingness and ability to put the child's needs first, and willingness and ability to encourage a close relationship between the child and the other parent.

When allocating parenting time and significant decisions, the court may not consider a parent's conduct that does not affect that parent's relationship to the child (750 ILCS 5/602.7(c) for parenting time and 750 ILCS 5/602.5(e) for decision-making). Keep a factual record of routines, appointments and daily care rather than insults or guesses. A lawyer handling parental responsibilities and parenting time can discuss how these issues relate to your situation.

What mistakes do people make with court papers, deadlines and orders?

Ignoring a summons, leaving papers unopened or guessing at a deadline can create avoidable problems. Keep every document together and record the dates shown. Ask about anything you do not understand, including whether the Cook County Financial Affidavit requirement described above applies to you.

Under 750 ILCS 5/501.1, the dissolution action stay takes effect against both parties when the summons and petition are served or the respondent files an appearance, whichever happens first. It restrains physical abuse, harassment, intimidation, striking or interference with the personal liberty of the other party or the minor children of either party, and concealing a minor child from the child's other parent. It does not freeze bank accounts or property; restraining property transfers takes a separate court order (750 ILCS 5/501(a)(2)(i)). That does not make moving or spending marital money safe, because the court considers dissipation when it divides property.

Do not assume a temporary order says the same thing as the stay. Read its actual terms and seek advice before taking an action you think may conflict with it.

What mistakes happen when spouses settle?

Signing terms you do not understand can create lasting problems. Under 750 ILCS 5/502, the terms of a written settlement, other than child support and parental-responsibility terms, bind the court unless it finds the agreement unconscionable after considering the spouses' economic circumstances and other relevant evidence. Terms set out in the judgment can be enforced as judgment and contract terms. The statute says property terms of an agreement are never modifiable, so a property division is generally final unless the court finds grounds to reopen the judgment. An agreement can also make maintenance non-modifiable, so read those terms closely.

Check for omitted debts, accounts and unresolved questions. Before judgment, the court must, to the extent it has jurisdiction, consider, approve, reserve or make provision for parental responsibilities, child support, maintenance and property (750 ILCS 5/401(b)). Do not assume an unclear promise answers an important question.

After judgment, review beneficiary designations and estate documents. Under 750 ILCS 5/503(b-5), added effective January 1, 2019, if you named your spouse as beneficiary of a life insurance policy that is in force when the judgment is entered, that designation is not effective after the judgment unless the judgment names your former spouse as beneficiary, you name your former spouse again after the judgment, or your former spouse is named to receive the proceeds in trust for or on behalf of a child or dependent of either of you; otherwise the proceeds go to the named alternative beneficiary or, if there is none, to the insured's estate. That rule does not apply to policies governed by the federal Employee Retirement Income Security Act, the Federal Employees' Group Life Insurance Act or another federal law that overrides it. Under 755 ILCS 5/4-7(b), dissolution also revokes every legacy, interest, power of appointment or nomination to fiduciary office given to the former spouse in a will signed before the judgment, and the will then takes effect as if the former spouse had died before you. Ask what changes apply to your documents rather than assuming everything updates automatically.

Does fault or an affair change a divorce in Illinois?

An affair is not a ground for divorce in Illinois. The only ground under 750 ILCS 5/401 is that irreconcilable differences have caused the irretrievable breakdown of the marriage. Building your case around proving who deserves blame can distract from the questions the court considers.

Property division and maintenance are decided without regard to marital misconduct (750 ILCS 5/503(d) and 5/504(a)). That does not mean you should ignore financial records connected to spending you question. Dissipation is a distinct issue in dividing property, with its own notice requirements and time limits.

Identify specific transactions and gather records rather than treating an affair itself as proof of a financial claim. For parental responsibilities, focus on conduct affecting the parent's relationship with the child. Bring your concerns to a lawyer without assuming blame changes the result.

How can you avoid these mistakes before you file?

Start with records and questions rather than major changes made under pressure. You do not need every answer before asking for advice. Use this checklist to organize the information you already have.

If there is abuse, threats or coercion, put safety first: call 911 in an emergency, or reach an advocate at any hour on the hotlines at the top of this page. Once you are safe, you can discuss protection with an order of protection attorney.

• Gather income, account, retirement, debt and property records.
• Write down your children's routines and your current caregiving tasks.
• Use these 25 questions for your divorce consultation to organize concerns.
• Read the Illinois divorce process guide for procedural questions.
• Review the Illinois divorce cost guide for budgeting questions.
• When you are ready, request a consultation to discuss your situation.

This guide provides general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.