When you get divorced, it’s understandable to be angry at your partner, regardless of whether you filed or were served. That doesn’t mean you should attempt to break the law in order to hurt them. Divorces can be complex and frustrating situations, and it’s not uncommon for your spouse to try to hide assets in an attempt to withhold money from you or reduce the settlement. An experienced Springfield divorce lawyer can help you determine the right course of action.
It’s important to take the proper steps to protect yourself in your divorce, as long as those actions don’t involve breaking the law or disrespecting the court. Throughout the divorce process, the court expects all parties to conduct themselves with respect, transparency, and trust. If your spouse tries to hide assets, the consequences could be severe. They could face criminal charges, hefty fines, and would likely be vilified by the court going forward, which could help you.
Be Sure to Hire the Right Lawyer
One of the most important decisions you make throughout your divorce is hiring the right lawyer to represent your position and ensure nobody tries to take advantage of you. The right lawyer’s help may prove invaluable, especially if your spouse is hiding assets. At Stange Law Firm, our multi-state legal team has helped hundreds of clients across the country work through their divorces. We can provide your case with a personalized and compassionate approach.
It’s vital that you understand the rates of marriage and divorce in your state, as they can provide you with some perspective and remind you that you’re not alone. In 2023, the Centers for Disease Control and Prevention (CDC) states that Illinois has one of the lowest divorce rates in the country at just 1.2 per 1,000 people. The marriage rate is quite high, with over 50% of polled individuals identifying as married, according to the Illinois Department of Public Health.
A divorce can be stressful enough without your spouse trying to hide money from you. If that happens, it can take an already difficult situation and make it unbearable. You might want to consider reaching out to a local divorce support group for help in figuring things out. A group like DivorceCare or The Lilac Tree may be able to provide you with a judgment-free zone to talk through your fears, concerns, and hopes with people who are going through something similar.
Financial Problem Warning Signs
It’s highly likely that an attempt to hide assets in a divorce is not the first time your spouse has attempted to take advantage of your financial security. There may have been consistent warning signs throughout your marriage that your spouse was hiding things from you and trying to keep you from knowing anything about your joint finances. While not all questionable actions will be a sign of financial abuse, these are some behaviors you might want to consider looking into:
- The first potential sign of financial abuse in a marriage is financial control. If your spouse has insisted on being the only one in the marriage who deals with finances, that could be a sign of control. You should be aware of how much is in every bank account with your name on it. Do what you can to get into those accounts and start insisting on some control over your own money.
- Another potential sign of financial abuse in a marriage is financial secrecy. There is nothing inherently wrong with talking about money with your spouse. If your spouse has gaslit you into thinking a financial discussion is taboo, that could be a sign that they are trying to avoid any discussion about money and that they are hiding things from you. You might want to hire a forensic accountant to go through your finances.
FAQs
Q: What Are the Penalties for Hiding Assets in an Illinois Divorce?
A: In Illinois, the penalties for hiding assets in a divorce can be quite severe, depending on the severity of the offense. First and foremost, an attempt to hide assets will likely result in the court awarding the hidden assets to the wronged spouse or the responsible spouse paying the wronged spouse’s legal fees. The spouse responsible could end up facing criminal charges with a contempt of court charge and may face fines or even jail time.
Q: Can I Investigate My Spouse’s Finances Without Their Consent?
A: No, you cannot investigate your spouse’s finances without their consent. Such actions may be seen as financial misconduct and could hurt your position in the divorce. However, during the discovery phase of your divorce, your lawyer can ensure that your spouse turns over all pertinent financial information. Both spouses are legally obligated to reveal all financial information during a divorce. This is when the court will learn about any attempt to hide assets.
Q: What Assets Cannot Be Touched in an Illinois Divorce?
A: In an Illinois divorce, the assets that cannot be touched or divided are any non-marital assets. This includes any property that was separately owned before the marriage, inheritances, and monetary gifts meant for one spouse. If any of this property has been mixed with marital property, it is now eligible for division. The key is to keep all separate property away from the marital assets if you want to avoid any discussion of it being split.
Q: Should I Hire a Divorce Lawyer?
A: Yes, you should hire a divorce lawyer. Divorces, especially contested ones, can easily get complicated, unpredictable, and painful. You will want someone by your side who understands what you’re going through and can offer legal support in multiple ways. Having the right lawyer by your side can make all the difference. They can help you build your case, gather evidence that backs up certain claims, and make sure your interests are totally protected.
Contact Us Today
At Stange Law Firm, we can provide you with the resources you need to move forward with your divorce and ensure your spouse doesn’t try to hide assets from you. Contact us to speak to a member of our team about how we can help.