How to Respond to a Notice of Dissipation in Illinois for a Divorce

By Lisa S. Kramer

In Illinois, "dissipation" occurs when one spouse uses marital property solely for his benefit while the marriage is breaking down. Common examples of dissipation include gambling, making high-risk investments, running up credit card debt, and incurring extraordinary and undocumented expenses. Dissipation may also occur when a spouse’s failure to make mortgage or tax payments leads to the foreclosure or threat of foreclosure on the marital home or when a spouse purposely allows for the devaluation of a marital business. When one spouse files a Notice of Dissipation with the court, the accused spouse must file a response with the court.

Step 1

Review the Notice of Dissipation, paying special attention to which of your expenditures your spouse claims as dissipation.

Step 2

Document and account for every dollar you are accused of dissipating. It is likely that you will have to provide such documentation to your spouse or her attorney. ·

Divorce is never easy, but we can help. Learn More

Step 3

Write a response to the Notice of Dissipation and file it with the court. In your response, you can either concede or deny that some or all of the expenditures in question constitute dissipation. If you deny the allegations of dissipation, it is your responsibility to prove by clear and convincing evidence that there was no dissipation. Where appropriate, provide evidence that may prove your alleged dissipation of assets occurred prior to the irreconcilable breakdown of the marriage; prove that your spouse agreed to your spending of marital assets; show that your alleged dissipation of assets consisted of reasonable expenditures; prove that your conduct was not purposeful or intentional; or show that the allegedly dissipated assets were non-marital assets.

Divorce is never easy, but we can help. Learn More
Divorce Laws in Tennessee Regarding Willful Desertion
 

References

Resources

Related articles

Adultery & Divorce Laws in California

Most people believe that cheating on your spouse is wrong, but whether or not it can get you in legal trouble depends on where you live. California’s divorce laws are forgiving of adultery. This doesn’t necessarily mean that a straying spouse will get off scot-free, however.

Does an Affair Matter in a Divorce in Tennessee?

An affair can be devastating to a marriage. Tennessee allows you obtain a divorce from your spouse based solely on adultery. Understanding how an affair can affect the stages of the divorce process, as well as what defenses may be raised will help you better prepare for a divorce of this type in Tennessee.

What Happens in a Divorce if the Husband Has Cheated in Illinois?

Experiencing infidelity in a marriage is never an easy thing. If you're divorcing your husband because of his cheating ways, Illinois is one of a handful of states that allows you to claim adultery as grounds for divorce. In other words, it is your husband's fault -- by reason of his infidelity -- that your marriage is ending. In Illinois, you may file for divorce on either fault or no-fault grounds.

Get Divorced Online

Related articles

How to Prepare for Divorce in Illinois

Preparing for a divorce is often stressful, but you can ease the stress by preparing your case before you file in the ...

Causes of Divorce: Habitual Drunkenness

In 2010, New York became the last jurisdiction to pass provisions for no-fault divorce, so all 50 states have now moved ...

North Carolina Statutes on Marital Misconduct

Marital misconduct is unacceptable behavior committed by a spouse during a marriage in North Carolina. A spouse may use ...

Fault Vs. Non-fault Divorce

Not all states offer a choice between fault and no-fault grounds when you file for divorce. Some, such as California, ...

Browse by category
Ready to Begin? GET STARTED