Among the most important concerns during the divorce process is the division of property between the two parties. Having an uncooperative spouse in the case is something that can occur, but having one who actively tries to dissipate assets leading up to and during the divorce is an entirely separate problem .
Attempting to hide or waste property to avoid dividing it in a divorce is illegal and punishable under the law. If you think your spouse might be doing either, you should contact an Oak Park, IL divorce lawyer to take immediate legal action and protect your right to a fair divorce settlement.
What Is the “Discovery Phase” of a Divorce?
During divorce proceedings, both you and your spouse will work with your attorneys to obtain relevant information from each other regarding subjects that need to be addressed in your divorce. This is called the “discovery phase”, and it is an essential step for understanding your financial situation, especially for understanding what the law classifies as “marital property“. Illinois uses what is known as an “equitable distribution” standard in divorces, which means that your marital property is supposed to be divided fairly, but not always necessarily equally. To ensure that the property distribution process is fair, the law requires full disclosure of all assets and debts by each party during the discovery process.