Dealing with the emotional turmoil of a separation or divorce is challenging enough without the added stress of financial instability. If your spouse has cut you off financially, it’s crucial to understand your rights and options under Illinois law. As a Naperville family law attorney with decades of experience, I have helped numerous clients navigate this difficult terrain and secure the financial support they deserve. I’ll now explain what steps you can take if you find yourself in this situation and how our team at Keller Legal Services can assist you.
Under Illinois law, both spouses have a duty to support one another. This obligation doesn’t cease just because you are going through a separation or divorce. If your spouse has unilaterally decided to cut you off financially, it’s crucial to understand your rights and the legal avenues available to you in Illinois.
Firstly, it’s important to know that Illinois operates under the principle of equitable distribution during divorce proceedings. This means that all marital assets and debts are divided fairly but not necessarily equally. If your spouse has cut off your access to joint bank accounts, credit cards, or other financial resources, they may be acting against these principles. The legal system is designed to ensure fairness in such situations.
In such cases, the legal system provides a ray of hope. You can file for temporary financial relief. Illinois courts can issue orders for temporary spousal support (also known as maintenance) and temporary child support if children are involved. These temporary orders are designed to maintain the financial status quo while the divorce is pending. The goal is to ensure that you are able to avoid financial jeopardy during this transitional period.
Another key aspect to consider is that Illinois law mandates full financial disclosure from both parties during divorce proceedings. Your spouse cannot legally hide assets or income. If you suspect financial misconduct, our team can help you uncover hidden assets and ensure a fair division of property.
When your spouse cuts you off financially, the first step is often to file a petition for temporary support. This petition can address both spousal maintenance and child support, providing you with the financial resources needed to cover essential expenses such as housing, utilities, and groceries.
To file for temporary support, you must provide the court with a comprehensive overview of your financial situation, including your income, expenses, assets, and liabilities. Our team at Keller Legal Services can assist you in gathering and presenting this information effectively.
In determining the amount of temporary support, the court will consider various factors, including:
Temporary support orders are not just words on paper. They are enforceable by law. If your spouse fails to comply with the order, they can be held in contempt of court, which can result in fines or even jail time. Our experienced attorneys can help you file the necessary motions to enforce support orders and ensure that your spouse meets their financial obligations. You can rest assured that the legal system is on your side.
In addition to securing temporary support, it is crucial to take steps to protect your long-term financial interests. This may involve seeking permanent spousal maintenance, child support, and a fair division of marital assets.
Permanent spousal maintenance, also known as alimony, is awarded based on a detailed analysis of several factors, including the length of the marriage, the financial needs and resources of each party, and the contributions of each party to the marriage (including non-economic contributions such as homemaking and childcare). The goal is to ensure that both parties can maintain a reasonable standard of living post-divorce.
Child support is calculated using the Illinois child support guidelines, which consider the income of both parents, the number of children, and the amount of time each parent spends with the children. It is essential to ensure that child support orders are fair and adequately provide for the needs of the children.
Moreover, during the divorce proceedings, the court ensures that all marital assets and debts are identified and valued. This includes real estate, bank accounts, retirement accounts, investments, businesses, and personal property. The court’s role is to ensure a fair and equitable distribution of marital property, and our team can help you navigate this process.
At Keller Legal Services, we understand the financial and emotional stress that comes with being cut off financially by a spouse. Our Naperville family law attorneys are committed to providing compassionate and effective legal representation to protect your financial interests and ensure that you receive the support you need. We are here to help you through this challenging time.
We offer a comprehensive range of family law services, including:
Our attorneys have decades of experience handling complex family law cases in Illinois. We are well-versed in the nuances of Illinois family law. We are dedicated to providing personalized attention to each client. We work diligently to build a strong case on your behalf, using our extensive legal knowledge and resources to achieve the best possible outcome.
If your spouse fails to comply with a court-ordered temporary support arrangement, they can be held in contempt of court. This can lead to various penalties, including fines and even jail time. Our attorneys can file a motion to enforce the support order and ensure that your spouse meets their financial obligations.
The time it takes to obtain a temporary support order can vary depending on the complexity of the case and the court’s schedule. However, in urgent situations, we can request an expedited hearing to secure temporary financial support as quickly as possible.
If your spouse has restricted your access to joint accounts, it is important to address this issue through the legal process. The court can order your spouse to restore your access to joint accounts or provide you with temporary support to cover your expenses.
If you suspect that your spouse is hiding assets, our team can help you uncover them through discovery. This process may involve subpoenas, depositions, and forensic accounting. Ensuring full financial disclosure is crucial for a fair division of marital property.
Yes, if you were a stay-at-home parent, you might be entitled to spousal support. The court considers non-economic contributions such as homemaking and childcare when determining spousal support. Our attorneys can help you present a compelling case for spousal support based on your contributions to the marriage.
People facing family law issues should choose Keller Legal Services because we bring a wealth of experience and a track record of success to every case. Our Naperville family law attorneys are dedicated to providing personalized, compassionate, and effective legal representation. We understand the intricacies of Illinois family law. We are committed to protecting your financial interests and securing the support you need during this challenging time.
At Keller Legal Services, we prioritize open communication and transparency. We take the time to understand your unique situation and provide tailored legal solutions that meet your specific needs. Our attorneys are skilled negotiators and litigators, prepared to advocate for your rights both in and out of court.
If your spouse has cut you off financially, don’t hesitate to reach out to us for a consultation. We are here to help you navigate the legal process and secure the financial support you deserve.
If you are facing financial hardship due to a spouse cutting you off, the experienced family law attorneys at Keller Legal Services are here to help. We have a proven track record of success and are available to discuss your case. Contact our Naperville family law attorney at Keller Legal Services at 630-505-1515 to schedule a consultation. We represent clients in the entire Chicago metro area. We are dedicated to providing the legal support you need during this difficult time.
At Keller Legal Services, we understand the complexities of family law. We are committed to helping you achieve the best possible outcome. Let us help you protect your financial future and secure the support you need. Call us today.
