Filing for divorce in Illinois requires much more than simply submitting forms. The preparation phase, specifically gathering crucial documents, determines the speed and fairness of your final settlement.
Getting your paperwork organized before you file helps you fully understand your financial standing and successfully advocate for your future.
Tax returns for the last three years
You must compile your joint federal and state tax returns from the previous three years. These documents provide a mandatory verifiable record of your household’s total income from all sources. Illinois courts use this income information to calculate child support and spousal maintenance (alimony) figures making the tax returns one of the most powerful financial disclosures in your case.
Recent bank and investment statements
Gather at least one year of statements for all checking savings investment and retirement accounts held jointly or separately. Illinois law divides marital property equitably, not necessarily equally. These statements establish the value of liquid and retirement assets at the time of filing. They also help distinguish marital funds from separate property funds which you owned before the marriage.
Real estate deeds and mortgage records
Obtain the deeds, mortgage statements and property tax records for any real estate you or your spouse own. This includes your primary residence and investment properties. These documents clearly establish ownership and debt tied to the largest marital assets. You need this information to accurately determine the equity in the properties for a fair division of the marital estate.
Comprehensive debt statements
Compile recent statements for all credit cards, personal loans, student loans and vehicle loans. Just as Illinois courts divide assets they also equitably divide marital debt acquired during the marriage. Having a complete record ensures you identify and properly allocate all liabilities preventing your spouse from hiding or inflating debts.
Seeking legal guidance
Divorce is a complicated process and Illinois law contains many specific requirements for asset disclosure and division. It can be a stressful and overwhelming feeling all while trying to correctly categorize property, calculate support or deal with court procedures.
By meticulously preparing these essential documents you empower a skilled attorney to protect your interests, accurately represent your financial position and negotiate a favorable resolution on your behalf.
