People often feel ready to divorce long before they take legal action. They may fight with their spouses regularly or be aware of an ongoing affair. The relationship may cause more stress than joy, and the spouses may both grow to resent one another.
However, some people strategically wait to file for divorce until they achieve certain goals, such as ensuring all of their children graduate from high school. Others want their spouses to file so they don’t look like the party to blame for the end of the marriage.
Does it matter, from a legal perspective, which spouse files for divorce?
Illinois only offers no-fault divorces
Illinois currently only hears no-fault divorce cases. In other words, neither spouse must prove that the other did something inappropriate to pursue divorce. While people may worry that choosing to file makes them look like the party at fault, that isn’t necessarily true.
The spouse who chooses to file is often in a slightly stronger position. They have an opportunity to hire a lawyer and gather documentation in advance. They can also emotionally and financially prepare themselves for the challenges of the divorce process. While people may dislike making the decision to file for divorce, doing so can empower them to pursue the best terms possible given their circumstances.
Either spouse can file for divorce at any point, and they do not require proof of fault or the consent of the other spouse. Understanding the rules that govern divorce proceedings can help spouses choose when to file and how to respond to an imminent divorce.