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Important Tips
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If you’ve been separated or the marriage has already broken down, you should always try to write checks or otherwise document exactly what you spend your money on. This is because there is a doctrine called Dissipation, which is very strict, and requires each spouse to document exactly how they spent all of their assets after the marriage broke down. Simply saying “I paid bills” is not sufficient. So for example, if you to buy $200.00 worth of groceries, you would be better off writing a check or using a credit card. This is because you can later prove that it went towards groceries by obtaining a copy of that check from the bank or that transaction from the credit card company. Trial could potentially be up to a year after that transaction and you would be hard pressed to prove by the clear and convincing evidence necessary that the $200.00 cash transaction all went toward groceries.
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You should keep in mind that the distribution of assets and debts in your marital settlement agreement and judgment is not binding on anyone other than you and your husband. Even if your spouse is required to pay debts in a marital settlement agreement or divorce judgment, that third party creditor can still pursue you for that debt if he or she fails to pay.
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If you are planning to move out of state with your children, it is best to move with your children before your divorce is filed. Illinois has statutes which prevent the removal of minor children from the State unless the court approves. Moreover, generally to move to a different state, you would have the burden of proving that that move is in your child’s best interests. Courts are extremely arbitrary in making this decision; however, if you move before a divorce is filed, these provisions should not apply. However, in any case, at any time you remove the children from the State of Illinois, you must let your children’s other parent know the address and telephone number of where they are, unless a court order signed by a Judge indicates otherwise.
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Always have any agreements to modify or change or terminate maintenance or child support payments entered as an order and signed by the Judge. Many times people believe they have an understanding of a child support or maintenance change and then later the other party either had a different understanding or simply lies about the agreement. Even if the agreement is in writing, the only way to be sure that it is enforceable is to have the court sign an order incorporating that agreement. The court might not honor even written agreements to modify or terminate child support and will simply go by the last order entered as if the agreement was never reached. Accordingly, all changes to any court order should be approved by any court via a new court order.
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