Does it Matter Which Spouse Files for Divorce First in Illinois?

 Posted on February 08, 2026 in Divorce

In most Illinois divorces, it does not legally matter which spouse files first. However, filing first can provide some practical advantages in certain situations.

According to recent research, one-third of Americans who have ever been married report that their first marriage ended in divorce. Illinois follows a no-fault divorce system. This means courts do not focus on blaming one spouse for the breakdown of the marriage. Instead, the legal process centers on resolving financial issues, parenting responsibilities, and property division.

If you are considering divorce in 2026, a Cook County, IL divorce lawyer can help you understand what filing first may – and may not – mean for your case.

Does Filing First Give You an Advantage in an Illinois Divorce?

Filing first rarely changes the final outcome. Illinois courts aim to divide property fairly and make decisions based on the facts, not on who started the case.

Still, filing first may provide some strategic benefits. The spouse who files becomes the petitioner. The other spouse is called the respondent. The petitioner usually presents their case first during hearings, which can help shape how certain issues are introduced.

However, judges base their decisions on evidence and the law. Filing first does not guarantee a better result.

What Does Illinois Law Say About Divorce Filings?

Illinois divorce law is governed by the Illinois Marriage and Dissolution of Marriage Act. This statute allows couples to divorce based on "irreconcilable differences." This legal phrase just means the marriage has broken down beyond repair.

Illinois also requires that at least one spouse live in the state for 90 days before filing. Most divorces in Cook County are handled through the Domestic Relations Division of the Circuit Court.

Property division follows 750 ILCS 5/503, which uses the principle of equitable distribution. Essentially, that means fair, but not always equal. Judges consider factors such as each spouse’s financial situation, contributions to the marriage, and future needs when making decisions about dividing property and debts.

Can Filing First Affect Parenting or Property Decisions?

Courts in Illinois prioritize the best interests of the child when making parenting decisions under 750 ILCS 5/602.7. Filing first does not give either parent greater rights.

Similarly, property division is based on fairness rather than timing. Judges review financial records, debts, income, and future earning potential before making decisions.

What matters most is providing accurate information and presenting a well-supported case.

Are There Emotional or Practical Benefits to Filing for Divorce First?

For some people, filing first creates a sense of stability during a major life transition. Divorce often brings uncertainty, and taking the initial step can help you feel more in control.

It can also allow you to choose the timing of the filing. This may be helpful if you want to prepare financially or consult professionals before the process begins.

Still, the decision should be thoughtful rather than rushed. Acting without preparation can create avoidable complications.

When Should You Contact a Cook County Divorce Lawyer?

Speaking with a lawyer early can help you understand your rights and avoid common mistakes. Divorce involves detailed financial disclosures, legal paperwork, and strict deadlines.

An attorney can explain what to expect, outline possible outcomes, and help you build a strategy that reflects your goals. Local experience matters because court procedures and judicial expectations can vary throughout Cook County.

Schedule a Free Consultation With Our Chicago, IL Divorce Attorney Today

At The Law Office of George J. Skuros, we focus on helping clients truly understand the legal issues so they are prepared and have a realistic idea of possible outcomes, while still fighting for the best case scenario. Attorney Skuros brings more than 30 years of legal experience to every case, offering steady leadership during challenging transitions. Call 312-884-1222 today to schedule a free consultation with our Cook County, IL divorce lawyer.