In Illinois, uncontested divorces can be significantly cheaper, easier and faster. When you and your spouse agree on all key issues, you can avoid long and costly court proceedings. Typically, you can finalize uncontested dissolutions in a much shorter time. And if you qualify for a Joint Petition for Simplified Dissolution of Marriage, you can move even quicker.
There are many reasons why you and your spouse should be invested in uncontested divorce. While facing Illinois’ legal requirements may be too much for you, there may be financial red flags that warn you about undesirable terms in divorce petitions.
Increased control and secrecy
Under Illinois law, a spouse cannot use financial control or secrecy to hide marital assets. State law requires both you and your spouse to display full financial transparency to enforce proper asset division. Illinois is an equitable distribution state, meaning the court splits assets and debts fairly but not necessarily equally.
The state protects financially vulnerable spouses by looking at factors such as earning capacity and economic circumstances. To examine your financial standing, you and your spouse must complete a Financial Affidavit detailing assets, income and debts.
When a spouse refuses to share key details for full legal disclosure, it may be a red flag. Changing passwords to accounts or threatening to cut off access may be improper or a sign of dissipation. Your spouse may not be sharing the true extent of their finances, which interferes in marital asset distribution.
Unreported revenue and concealments
An individual may attempt to conceal the true values of assets through shady means. Have you observed your spouse taking large cash withdrawals or transferring funds out of joint accounts? Finances should be traceable, and they may be trying to underreport to dodge spousal maintenance and other payments.
Any spouse who is a business owner should be properly reporting income and other values on the Financial Affidavit. A red flag is when you can spot inconsistencies in financial statements that do not reflect the company’s true profitability.
Abrupt asset transfers or transactions
Deception may sometimes be hard to spot, but your instinct may be right. If your spouse has predictable spending patterns and habits, it could be hard to ignore if they suddenly spend lavishly. Unexplained purchases could hint at your spouse hiding assets from you or concealing financial information.
On the other hand, transferring ownership of marital assets (such as your family home) to friends or family can be alarming. It may be an attempt to keep the asset away from you and prevent a court from dividing it equitably.
Getting your fair share
You deserve your fair share of your marital estate after the divorce. While contested divorces are a more complex legal process, addressing marital issues head-on yields a more desirable outcome for you. With the right legal representative, you can protect your rights if divorce disputes arise.