Could a Temporary Financial Restraining Order Be Beneficial During My Divorce?

 Posted on October 09, 2020 in Asset Division

There are many issues that a couple is bound to disagree on during a divorce. Some of the most common conflict-causing issues include child-related concerns such as allocating parenting time and decision-making responsibilities, whether or not you receive spousal maintenance, and what to do with the family home, among others. The most notorious issue that may cause conflict, however, is your finances. Just as finances tend to be a common cause of arguments and conflict in marriage, your finances can also be an area of concern in your divorce. A temporary financial restraining order can be a useful tool during your divorce and can actually protect your assets from being mishandled or wasted by your spouse. 

Understanding Temporary Financial Restraining Orders

When you think of a restraining order, you probably think of a document that prevents one person from coming within a certain distance of another person or committing an act of violence against them. Though the subject of the two types of restraining orders are different, they both operate under the same principle of protection. With a financial restraining order, the goal is to protect your marital assets from being misused, destroyed, spent, transferred, or otherwise handled inappropriately by your spouse during your divorce. 

Do You Need a Temporary Financial Restraining Order?

Even in divorce cases that are technically considered “uncontested divorces”, there is going to be some level of conflict about something as you go through the process. Not all high-asset divorces are also going to be high conflict, but having more financial issues to deal with can lead to more disagreements.

Most of the time, you will already have an idea of whether or not your spouse might be combative during your divorce. However, it is not uncommon for the stress of divorce to cause people to act in ways that they normally would not act. Certain actions or behaviors from your spouse could indicate that you should speak to your attorney about requesting a temporary financial restraining order. These actions and behaviors can include:

• Hiding or trying to keep assets from you
• Controlling your access to the family’s finances
• Using finances and money as a way to manipulate you
• Lying about his or her income
• Spending marital income on frivolous items such as an affair partner

Speak to a DuPage County High-Asset Divorce Attorney Today

If you are worried that your spouse might be irresponsible or spiteful with your finances during your divorce, you should discuss your situation with a knowledgeable Wheaton, IL high-asset divorce lawyer. At the Goostree Law Group, we understand how important it is to protect your finances during your divorce and we will do everything in our power to ensure your rights and best interests are protected every step of the way. To schedule a free consultation, call our office today at 630-364-4046.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

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