Strategic Divorce Lawyers Seeking Financial Restraining Orders in Wheaton, IL
When there are numerous assets at stake, or when a divorce is extremely contentious, it may be necessary to involve the court to protect your rights during the divorce process. To prevent your spouse or another party from taking an action that may be harmful to you or your property, you can request a temporary financial restraining order from the court.
Seeking a temporary restraining order (TRO) can be complicated if you are new to the process. The high-asset divorce lawyers at Musielak & Rosinski LLC can make it easier for you. Our attorneys will guide you through the process and represent you at hearings. If property division progresses to a trial, we will litigate aggressively on your behalf.
How to Protect Your Assets With a TRO Until an Agreement Has Been Reached in Illinois
With so many emotional and financial matters to be decided, sometimes people act out in ways that may harm their spouses financially by spending extravagantly or recklessly. While a restraining order is in place, a person can be prevented from taking certain actions. The restraining order can only be in effect for a limited time, and the judge must conduct a hearing to determine if the person should be enjoined for a longer period of time.
People seek financial restraining orders for several reasons, including:
- Prohibiting the closing of financial accounts
- Prohibiting the transfer or sale of marital property
- Prohibiting further spending of marital money for non-marital purposes (dissipation)
Obtaining a financial restraining order is the same as freezing your accounts or assets. No party can take action on the accounts while the order is in place, except in accordance with the order.
If you can prove that granting your spouse access to certain assets and accounts would be detrimental to you, the judge may extend the order to last while the divorce is in progress.
Looking for Hidden Assets in Your DuPage County Divorce?
Hidden assets can seriously affect the outcome of a divorce, especially when one spouse has controlled the couple's finances or has access to income the other spouse cannot easily verify. Common tactics include transferring money to friends or family, underreporting business income, delaying bonuses or commissions until after the divorce, or opening accounts the other spouse does not know about.
Uncovering these assets often requires a close review of tax returns, bank statements, business records, and property filings. Forensic accountants can be brought in to trace unusual transactions or identify discrepancies between reported income and a spouse's actual spending habits. Subpoenas can also be used to obtain records directly from banks, employers, or business partners when a spouse is unwilling to disclose information voluntarily. Identifying hidden assets early can help ensure that the final property division reflects the true value of the marital estate.
What Happens When a Spouse Violates a TRO?
Violating a TRO is treated seriously by the court and can result in the court holding the violating spouse in contempt. Contempt findings can lead to consequences such as fines, an order to restore any assets that were improperly moved, or, for more serious violations, other sanctions imposed by the judge. Courts take TRO violations seriously because they undermine the fairness of the entire process. If you believe your spouse has violated a TRO, documenting the violation and bringing it to the court's attention as soon as possible can help protect your interests.
Contact Our DuPage County Divorce Attorneys for Temporary Restraining Orders
Sometimes, court intervention is a necessary step to protect the marital estate. To set up a no-cost consultation with Musielak & Rosinski LLC today, please call 630-344-6525 or contact our Wheaton, Illinois temporary restraining order lawyers online. We have offices in DuPage County and Kendall County.