What Should I Do if My Spouse Wants a Divorce?

 Posted on January 23, 2026 in Divorce

When a spouse says they want a divorce, it can feel sudden and confusing, even if the marriage has had problems for a while. In Illinois, divorce can move faster than it does in other states. After meeting the ninety-day residency requirement, there is no cooling-off period, which means uncontested divorces can be move quickly once paperwork is completed. This can leave people feeling rushed to make decisions they do not fully understand.

If you are likely to get divorced in 2026, talking with our Chicago, IL divorce lawyer can help you understand your rights and avoid costly mistakes. Illinois divorce law continues to favor efficiency, making early planning especially important.

Does My Spouse Need a Reason To Divorce Me?

In Illinois, a spouse does not need to prove fault to file for divorce. Illinois uses a no-fault divorce system. Under 750 ILCS 5/401(a)(2), a court may grant a divorce when irreconcilable differences have caused the marriage to break down, and further efforts at reconciliation are not practical or in the family’s best interests.

Should I Move Out if My Spouse Wants a Divorce in Illinois?

Many people believe moving out will reduce conflict, but leaving the marital home too soon can create problems. Moving out can affect parenting time, access to property, and how certain issues are viewed later in court. In some cases, it can also make it harder to argue for certain arrangements during the divorce.

Before leaving the home, talk to an experienced attorney about how that choice could affect your case under Illinois law.

What Are the First Steps I Should Take After Divorce Is Mentioned?

Once divorce is discussed, getting organized can make a big difference. Some early steps that often help include:

• Gathering financial records like bank statements, tax returns, and pay stubs

• Making copies of important documents and keeping them safe

• Avoiding major spending or financial changes

• Being careful with texts, emails, and social media posts

These actions can help protect you if the divorce becomes contested.

How Does Illinois Law Divide Property and Debt in a Divorce?

Illinois divides marital property using an equitable distribution system under 750 ILCS 5/503. This means property is divided fairly, which isn’t always an equal split.

Marital property usually includes income, assets, and debts gained during the marriage, no matter whose name is on them. Property owned before the marriage or received as a gift or inheritance may be considered separate if it was kept apart.

Judges look at factors like the length of the marriage, each spouse’s finances, and their future earning ability when dividing property.

What Happens if We Have Children and Are Getting Divorced in Illinois?

When children are involved, the focus of the divorce often shifts to parenting and stability.

Under 750 ILCS 5/602.5, Illinois courts base parenting decisions on the best interests of the child. Parents must create a parenting plan that explains schedules and how decisions will be made.

Common issues parents must address include:

• Parenting time schedules and exchanges

• Decision-making for school, health care, and activities

• Child support based on income and parenting time

Clear planning early on can reduce conflict later.

Can I Slow Down the Illinois Divorce Process if I’m Not Ready?

Even though Illinois allows divorce to move quickly, you do not have to rush into an agreement. If there are disagreements about property, finances, or parenting, the process may take longer. Taking time to understand your options can help you avoid long-term problems.

Legal guidance can help you decide when moving forward quickly makes sense and when slowing down is the better choice.

Schedule a Free Consultation With Our Cook County, IL Divorce Attorney

If your spouse wants a divorce, you should consider speaking to an attorney. At The Law Office of George J. Skuros, we focus on helping clients truly understand the legal issues they face so they can make informed decisions and have realistic expectations. We also work hard to pursue the best possible outcome in every case.

Attorney Morales has more than 30 years of legal experience and has helped individuals and families in the Chicago area handle divorce and family law matters for over two decades. To find out what we can do for you, contact a Chicago, IL divorce lawyer at 312-884-1222 to schedule a free consultation.