Three Things to Think About Before Filing for Divorce

 Posted on July 16, 2025 in Illinois Divorce

Regardless of whether this is your first marriage or you have been divorced before, getting a divorce is never easy. If you have already made up your mind about ending your marriage, you may be ready to file and initiate the process. However, before you begin the process, you should think hard about your intentions and your goals.

Having a clear plan in mind can help to make your divorce more orderly and less time-consuming, and therefore less expensive. A St. Charles, IL family law attorney can provide you with valuable insights to protect your rights before, during, and after your divorce. At Weiler & Associates, Inc., we have experience handling all kinds of divorces, from simple uncontested divorces to litigated divorces involving complex financial matters. Our lawyers can assist you at the planning stage of your divorce to facilitate a smooth end to your marriage.

Should I Settle or Go to Court?

A divorce can either be resolved through litigation or by reaching a settlement with your spouse. While getting a settlement is usually the more "amicable" option, there are situations where litigation may be called for. If you anticipate that your spouse will try to sabotage negotiations or waste your time, you may want to prepare to go to court.

On the other hand, if you and your spouse have a civil relationship with one another, you could reach a mutual agreement outside of court. If disputes seem unresolvable, you could involve a third party like a mediator to help you reach a point of compromise. At Weiler & Associates, Inc., we will go over your options to resolve your divorce and advise you of the best course of action.

How Will a Divorce Impact Custody?

If you and your spouse share any children, divorce will obviously come as a dramatic change to your household dynamic. During your divorce, it will be your responsibility as a parent to figure out a solution to parenting time and decision-making responsibilities to serve your child’s best interests. You will also have to account for logistical problems in a single-parent household, like childcare or transportation.

Child custody can be a fraught, emotional subject in a divorce. Remember that if you have minor children, getting divorced does not necessarily mean you rid yourself of your spouse; you will likely still have to deal with them extensively until your children are at least 18. At Weiler & Associates, Inc., we can stand up for your rights as a parent, fighting for your input in decision-making and working to formulate a parenting time schedule.

Have We Exhausted Options for Fixing the Marriage? 

Figuring out whether you have marital issues that are common to married couples – especially in your current stage of life – can help you figure out whether your troubles are likely to be ongoing or can eventually be resolved. For example, parents with young children often find themselves disappointed in their relationship because of constant bickering, major disagreements over parenting philosophies, and financial stress. However, much of this is due to lack of sleep, and most of it passes as kids get older, parents make more money, and childcare expenses drop dramatically.

On the other hand, if your differences are the product of a fundamental difference in how you see the world and they have caused you and your spouse to lose mutual trust and respect, the problems may be harder to resolve. If you are sure that you have tried – and failed – to fix your marriage, then divorce may be the next step.

Contact a Kane County, IL Divorce Lawyer

Like any risky venture, divorce is best planned out in advance. At Weiler & Associates, Inc., we are here to provide you with legal advice and representation to serve your present and future best interests. Call our St. Charles, IL family law attorneys at 630-331-9110 to set up an initial consultation.