Lying on your divorce petition or in a motion, failing to respond or not participating in your case, and/or remarrying before your case is finalized are all significant mistakes that can seriously impact your divorce case. They are not, however, the only mistakes. Here is part two of our list of the top ten things you should not do during your divorce:
When you or your spouse files for divorce, one of the very first orders that the court will enter is an order prohibiting you from disposing of marital assets or property without the court’s permission. The only exception is that you are permitted to use marital property, such as money in a joint bank account, to pay for your everyday living expenses. Anything that is not necessary for you to live and support yourself, such as a new car or vacation, should not be purchased without first obtaining permission from the court.
In addition to not spending or selling marital assets, you must also take reasonable measures to protect the value of marital assets under your control. For example, you cannot take your spouse’s clothing that is in the home and throw it outside the house where it can be stolen or damaged. If you do so, the court may compensate the other party by awarding him or her a greater share of the marital property when it is divided.
Children and parenting time are two of the most frequently litigated issues in divorce and family law cases. The court will establish temporary parenting time orders early on in the case. While these orders can be changed even while the divorce is pending, you should not violate or go against the court’s orders without either (1) the consent of the other parent, in writing; or (2) the written permission of the court. Not only is violating parenting time orders a criminal offense, but it can also be considered against you by the court when the court makes a final parenting time plan at the end of the case.
You may have had a fantastic night out at the bar with your friends or enjoyed your first encounter with marijuana at the invitation of your roommate, but this is information that does not need to be shared online. Nor should you post negative comments about the court or your former partner. This information will invariably be discovered and used against you in court. Most attorneys recommend that you do not use social media at all while your divorce is pending and that you tell your family and friends not to post pictures of you or updates about your case.
The DuPage family law firm of Arami Law is available to help Illinois divorce clients reach favorable results in their divorce cases. Contact us at (212) 312-1399 or contact us online for experienced and dedicated counsel.
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