What Is a Financial Restraining Order in an Illinois Divorce?

 Posted on July 18, 2019 in Divorce

Arguments over finances can be one of the major causes of a divorce. One spouse might be a saver, and the other spouse might be a spender. Over the course of a marriage, this can lead to a great deal of conflict and ultimately ruin the relationship. If you think your spouse is acting irresponsibly through excessive spending or damaging marital assets, you can ask the court to issue a financial restraining order. This type of restraining order temporarily freezes some of the marital assets to ensure that they will not be wasted.

What Can a Financial Restraining Order Stop?

A financial restraining order freezes the marital assets for both sides. For example, if your spouse is barred from selling off any marital property, you will also be prohibited from selling off any of the property, unless you receive permission from the court. A typical order lasts 10-30 days, but it can be extended as long as necessary in order to protect the marital property, such as until the court issues a final order to divide the property.

A financial restraining order can often forbid other activities, such as:

• Closing any accounts.

• Changing the beneficiaries on any accounts.

• Limiting a spouse’s access to marital accounts.

It is important to note that not every type of financial activity can be stopped by a financial restraining order. Both spouses are permitted to make transactions they would typically make as part of everyday living, such as paying bills, buying necessities such as food and toiletries, paying tuition, etc. The purpose of the order is to protect the marital assets so they can be fairly divided as part of the divorce settlement.

How Do I Obtain a Financial Restraining Order?

To obtain a temporary restraining order against your spouse or ex-spouse, you must prove several things, including:

• There is a clear right that needs protection.

• Absence of the order would bring harm to you or your children.

• There is no other adequate legal means that can help you.

• You are facing hardship, and your spouse or ex-spouse will not be harmed as a result of the restraining order.

A temporary restraining order can only be issued for 10 days. After 10 days, the court will hold a hearing to determine if a longer restraining order is necessary. Your spouse or ex-spouse should receive notice of this motion, which should be detailed so the judge can properly rule.

A person has the right, upon two days notice, to seek a new hearing on the motion and ask that the injunction/restraining order be removed.

Contact a DuPage County Divorce Attorney

The issue of finances can cause a lot of stress and worry during a divorce. If you believe your spouse is acting inappropriately with your marital assets, you can take legal action. A skilled Wheaton, IL financial restraining order lawyer can guide you through the process of obtaining a financial restraining order. The Andrew Cores Family Law Group has experience in safeguarding marital property for clients who are going through a divorce. To schedule a free consultation, call 630-871-1002 today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K501