Financial Restraining Orders in Illinois Divorce Cases

 Posted on August 11,2016 in Divorce

If you and your spouse are going through a contentious divorce or one with significant assets and you are concerned about how your spouse may deal with finances and marital assets throughout the process, you may want to learn more about financial restraining orders in Illinois. One of our experienced family law attorneys can go over your finances with you and help you determine whether filing for a financial restraining order would be in your best interest.

Why File for a Financial Restraining Order?

Divorce proceedings can be costly, stressful and emotionally-charged. When spouses are angry and worried about finances, they sometimes act out financially or attempt to punish the other spouse by overspending or blocking access to bank accounts and other funds. A financial restraining order can prevent your spouse from locking you out of your accounts, or blowing through the marital savings during your divorce proceedings.

What Factors Do the Courts Consider when Granting a Financial Restraining Order?

Courts do not automatically grant a financial restraining order just because one spouse requests it. Rather, the court looks at a number of factors in deciding whether the financial restraining order is necessary and appropriate, and for how long the order should stay active.

Some of the factors the courts will likely consider include whether the couple has a marital history of:

• Financial abuse;
• Changing banking passwords;
• Seeking to remove a spouse from a financial account;
• Changing beneficiaries on policies;
• Overspending;
• Opening new accounts;
• Closing accounts;
• Draining accounts;
• Selling, transferring or "encumbering" marital assets;
• Giving away marital property as gifts;
• Hiding assets from one spouse;
• Lying about or concealing income;
• Controlling finances without spousal input;
• Refusing child or spousal support;
• Not complying with existing court orders; and/or
• Destroying marital assets.

How Long Will a Financial Restraining Order Remain in Place?

Depending on your individual circumstances, the judge may initially order a temporary financial restraining order to cover only the beginning of your divorce proceedings. As your divorce moves along, the judge may be willing to extend the order until your divorce is finalized, or even further.

Your attorney will be able to collect and present evidence to the judge to establish whether you need to have your temporary financial restraining order extended.

Consult an Experienced Illinois Family Law Attorney

No matter how contentious your divorce or the amount and type of marital assets you possess, one of the understanding DuPage County family law attorneys at our law firm can help you protect yourself during this difficult time. Call 630-871-1002 for a free consultation today.

Source:

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