Dividing property during a divorce is rarely a simple or pleasant process, but when one spouse lacks the ability to be honest about finances, the process of dividing the marital estate can become a real headache. Unfortunately, these kinds of high-conflict divorces happen all the time, and for the spouse who is left trying to deal with unscrupulous financial behavior, it may be tempting to get the divorce over as quickly as possible just so he or she can stop dealing with their partner. 

But rushing through a divorce when one spouse is trying to manipulate money matters can be a major mistake. If your spouse has ever shown an inclination to lie, cheat, or steal financially, you should be on your guard that he or she may try to do the same to you in your divorce. It is important to listen to your gut feeling; if you know or suspect your spouse is hiding assets, you need to get help from an Illinois divorce attorney who knows how to find those assets and protect your financial future. 

Where Do Spouses Commonly Hide Assets? 

There are many ways that spouses may attempt to hide assets, and, unfortunately, the more financial sophistication someone has, the more complex their efforts are likely to be.

 Asset division is one of the major issues that must be addressed in any Illinois divorce. Whether a couple already agrees how they will divide their marital property, or anticipate having to go through a long, drawn-out court battle to reach a settlement, the question of finances must be resolved before the divorce can be finalized. 

Because asset division laws vary from state to state and the process of asset division is often dramatized or oversimplified in pop culture, misunderstandings about the process are common. Couples looking to get divorced in Illinois are often surprised by how much they do not know. In this blog, we will dive into common facts about asset division in Illinois, but be sure to contact a divorce attorney for answers to your fact specific questions. 

Equitable v. Equal

Some states require divorcing spouses to divide their marital estate equally - that is, with both parties receiving equal shares of whatever property, investments, and cash were earned during the marriage. Illinois, however, requires divorcing spouses to divide their estate equitably. This means that couples will need to take into account each partner’s financial and non-financial contributions to the marriage, as well as each partner’s legitimate needs following the divorce. 

If you are getting or have already gotten divorced in Illinois, chances are that you are receiving or paying spousal maintenance payments. Also known as alimony or spousal support, spousal maintenance is less common than it used to be but is still common enough that it is important to be aware of the laws that regulate this area of family law. One of the questions that spouses frequently have after divorce, whether they are making or receiving alimony, is whether certain actions or events could cause alimony to end. Like most legal issues, the answer in a specific case is, “It depends.” Read on to learn more. 

What Can End Alimony Payments? 

The most common reason that spousal maintenance payments terminate is that the court order requiring one spouse to make payments comes to an end. While the court order for spousal maintenance is renewable or fixed, it has a firm or potential end date. It is important to not stop making payments without a court’s explicit permission. 

The second most common reason for terminating spousal maintenance payments is that the receiving spouse gets married or begins living with a new partner in a conjugal relationship (living with a romantic partner, as opposed to living with a roommate or family member). The spouse getting married or cohabitating is responsible for informing the paying spouse about the change in arrangements and can face serious court penalties for failing to do so in a timely manner. 

On the whole, couples today are considering the potentially negative impacts of divorce more carefully than couples of the past, especially when there are children involved. This means fewer marriages end in divorce, and, when they do, couples are more conscious about the way they choose to separate. Many people are children of divorced parents themselves and have experienced the pain of high-conflict divorce first-hand. Others have simply read the research and know that divorce does not have to be a catastrophic experience when adults can work cooperatively together. Whatever the reasons may be for you, if you are considering collaborative divorce, the time to approach an attorney committed to helping you with the process is now. 

Do Not Wait Until You File for Divorce

Some couples figure they will wait to file for divorce and then hire attorneys to finish representing them throughout the process. However, this is usually not a good idea; the way you file for divorce has the potential to impact the rest of the divorce proceedings. For example, if you and your spouse have not already resolved issues like child support, asset division, and alimony, you will not be able to finalize your divorce and may need to litigate these issues on a temporary basis.

Hiring your collaborative divorce attorney before filing for divorce is the best time to start working on things - and the sooner, the better. Your attorney can help you manage your hopes and expectations during divorce, as well as brainstorm solutions to potentially difficult issues such as child custody. You can begin setting your own expectations and get a sense of the divorce process with your own attorney before you, your spouse, and your spouse’s attorney all begin meeting together. If you have a sense of what you want, and are willing to be flexible, you can generally move fairly quickly through the collaborative divorce process and file for an uncontested divorce. 

You may have known that divorce would be inevitable for a long time, but now that you are finally here, it can be difficult to know how to proceed. While divorce is never easy, for people who are married to high-conflict spouses who seem to thrive on confrontation, anger, and blame, the divorce process can be an absolute nightmare. And while most divorces are moving away from litigation in favor of mediation or collaborative divorce, for high-conflict relationships, alternative dispute resolution methods may simply not be an option. 

If you are facing divorce with a high-conflict spouse, it is essential to retain an attorney with experience in high-conflict and complex divorces. The strategies that you will need for your case will likely look different than those used by other people you know who have gotten divorced. Read on to learn how you can protect yourself during a high-conflict divorce, and then schedule a consultation with a skilled Illinois high-conflict divorce attorney. 

Take Steps to Keep Yourself Safe

Physical and emotional abuse are not always part of a high-conflict relationship dynamic, but when they are, the victim of the abuse faces heightened risks when trying to end the relationship. Knowing this, you should take steps before announcing your intention to get a divorce by finding a safe place for you and your children to stay. If necessary, get an Order of Protection so your spouse is forbidden to contact or come near you and your kids.