Tag Archives: TRO

What Is a Financial Restraining Order in an Illinois Divorce?

Wheaton divorce attorney for temporary restraining ordersCentral to any divorce are concerns regarding finances. The property and assets owned by married spouses are considered throughout the divorce process. Both parties in a divorce want to protect their property and assets, and in some cases, a financial restraining order may be necessary. In some states, an automatic temporary restraining order (ATRO) will be included in every divorce. However, in Illinois, you need to request a temporary restraining order (TRO), and you may need to ask that it be extended during your divorce.

What Does a Financial Restraining Order Do?

A financial restraining order, also referred to as a temporary restraining order, is a way both parties in the divorce can protect their property. While it is particularly common in high-asset divorces, any spouse might want to consider pursuing one, especially if a person suspects their former partner will be irresponsible with their shared finances leading up to—and during—the divorce.

What Can a Financial Restraining Order Prevent?

There are many things that a financial restraining order can prevent. In particular, a TRO issued during divorce may prohibit:

  • Account Closures or Changes—This will stop either spouse from seizing control of the couple’s bank accounts and the corresponding assets.

  • Concealment of Assets or Property—One spouse might want to hide certain types of property or monetary funds to avoid being required to divide these assets. A TRO may prohibit this type of duplicitous behavior.

  • Property Transfers or Sales—Your spouse may attempt to sell a car or a house and use the profits for their own benefit. A financial restraining order will stop any such sale and allow that property to be divided equitably in the divorce.

  • Dissipation of Assets—Your spouse may threaten to spend, give away, or destroy marital assets, or you may already know that your spouse is irresponsible with money. The use of marital funds for only one spouse’s benefits is known as the dissipation of marital assets, and whether it is done intentionally or not, your spouse may be required to reimburse you for assets that were dissipated in this manner. A temporary restraining order can prevent dissipation from happening in the first place.

  • Beneficiary Modifications—Changes to health insurance or life insurance policies or estate planning documents may be necessary during the divorce process, but they should be done using the proper procedures while negotiating a divorce settlement. A financial restraining order can make sure one party does not attempt to harm the other by making these types of changes solely at their own discretion.

Contact a DuPage County Financial Restraining Order Attorney

High-asset and complex divorces involve many considerations. In these cases, a financial restraining order might be necessary to protect yourself against financial harm. You will need an experienced Wheaton IL high-asset divorce lawyer to help you obtain this type of order and protect your rights during the process. Reach out to the Andrew Cores Family Law Group today at 630-871-1002 for a complimentary consultation.

Sources:

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

https://www.forbes.com/sites/jefflanders/2012/07/11/divorcing-women-heres-what-you-need-to-know-about-atros/#7b1d058927fb

https://www.forbes.com/sites/forbesfinancecouncil/2020/01/07/12-financial-factors-to-remember-when-settling-a-divorce/#3cdb8dbf5fee

Domestic Abuse and Divorce

Illinios divorce attorney, Illinois family law attorney, domestic violence, restraining order, order of protection,Divorce can result from many different issues, but one of the most serious thing s that may cause a divorce is domestic violence. Domestic violence can take many different forms, and many people do not understand what is currently considered domestic abuse. The issue of domestic violence affects people of all genders, and people who suspect that they may be be victims of it should understand the definition. They should also understand their options in the event that they choose to seek a divorce from their partner.

What Is Domestic Abuse

Domestic abuse is a term that has different meanings for different people. The National Domestic Violence Hotline has a variety of different behaviors for different situations. In a sense, all of the behaviors relate to a person’s controlling, possessive aspects. However, there are certain things that a partner may do that can trigger concerns about domestic abuse. These include:

  • Physical violence such as choking, hitting, slapping or beating;
  • Threats of intimidation of physical violence;
  • Shaming or embarrassment, which can include demeaning remarks to your friends, their friends, or even your children;
  • Undue control of the finances, such as issuing an overly strict budget or tracking every flow of money that leaves the household; or
  • the destruction of property or threats to harm personal property or pets.

In general, domineering threats or overly controlling behaviors can constitute domestic violence in some circumstances. This lay definition tracks fairly well with the definition of abuse set out in the Illinois Domestic Violence Act of 1986, which defines abuse as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation.”

Options for Victims of Domestic Abuse

People suffering from domestic abuse can often find it difficult to leave their partner. It is normal to experience fear that the partner may retaliate or that they are too isolated to leave. If someone with an abusive spouse does want a divorce, the law can provide some protection. The precise method may vary depending on particular circumstances, but one of the most common is the temporary restraining order (TRO). TROs are legal documents that restrict the abusive spouse or partner’s rights in order to protect the abused one. The restrictions can include things like limitations on where the abuser may be or it may prohibit certain behaviors. TROs can also mandate positive behaviors on the part of the abuser, such as requiring them to attend counseling. The law provides a wide range of powers to TROs in order to ensure that they properly fit the situation.

Domestic violence is a serious issue that can be difficult to face. If you believe your spouse is abusing you, and you have made the decision to leave, contact an experienced DuPage County family law attorney today.