Should I Get a Financial Restraining Order in My Divorce?

 Posted on April 25, 2024 in Divorce

It is common to hear “restraining order” in a divorce and think of domestic abuse. But sometimes a spouse wants to get a restraining order that prevents the other spouse from using certain money or assets. This is called a financial restraining order.

This article will discuss what a financial restraining order is and why a person getting divorced might want to request one. If you have any concerns about your assets or finances in your divorce, consult with a qualified Illinois divorce lawyer who can explain your options.

What is a Financial Restraining Order?

When a judge issues a financial restraining order, the order forbids both sides from touching certain assets or properties before they have a chance to be divided. It does not bar either side from being able to use personal money to pay bills. Both spouses must still be able to pay for what Illinois law calls the “usual course of business” and “necessities of life.” To pay for any expenditures other than this, however, a spouse will need to serve notice to the other party.

To obtain a financial restraining order, you must show the court that the assets in question belong to both sides. This is done through an affidavit, which is a statement of fact signed by you and considered sworn testimony.

Should I Request a Financial Restraining Order?

One of the most complex parts of a divorce process is called asset division. Asset division involves identifying which money, property, or other assets belong to both spouses and then dividing them among both parties. If one spouse is concerned that the other spouse will misuse those assets before there is a chance to divide them, he or she might request a temporary restraining order from a judge. This often happens in high-income divorces, where there are high-value assets at stake.

Restraining orders are not given automatically, however. A judge may first want proof of one or more of the following:

• This is the only way to protect these assets.

• Your children might be negatively impacted if the order is not granted.

• You will face hardship if the order is not granted.

• The order will not harm the other party.

• There is a distinct need to protect these assets.

If you feel your spouse might use, spend, sell, conceal, or tamper with certain marital assets before they are divided, you might want to request a financial restraining order.

Contact a Kane County, IL Divorce Attorney

Financial restraining orders are not guaranteed. A court will not issue one if it is not satisfied with the evidence. That is why you need the help of a skilled Geneva, Illinois divorce lawyer who knows exactly what you need to provide the court. The experienced attorneys at Serrano Hanson will guide you through the process with professionalism and compassion. Call 630-844-8781 for a consultation today.