Does it matter who actually files for divorce?

My wife and I have agreed to get a divorce. We have 2 kids. The only thing to split is bills. We are being mature about the whole situation. We plan to share the kids. Does it matter who actually files for divorce?

Asked on February 24, 2012 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is really a matter of opinion.  Some attorneys will tell you that it is absolutely imperative that you be the plaintiff  - the one filing for divorce.  But if you are both agreed and it will be a no-fault divorce(like irreconcilable differences) then it does not really matter.  You should seek separate legal counsel to help with the drafting of the agreement.  Good luck.

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