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Kane County divorce attorneysPeople often say that a marriage is hard work. Once the “honeymoon” phase is over, being married can be challenging for various reasons. Even if two spouses love each other, life circumstances can get in the way of living happily ever after. For example, a job loss or the death of a loved one can cause one partner to turn to alcohol or drugs as a remedy. In other cases, someone may become addicted to shopping, gambling, or pornography as a way of coping with stress. Regardless of the root cause of an addiction, this type of behavior can destroy a marriage and ultimately lead to divorce. If you are thinking about divorcing your spouse who has an addiction problem, it is important to know how to protect yourself emotionally and financially.  

Irreconcilable Differences

In Illinois, the only recognized “grounds” or reason for divorce is “irreconcilable differences.” This means the marriage has deteriorated without hope for reconciliation. Therefore, abusing drugs or alcohol cannot be the official reason to file for divorce, but it can definitely contribute to the breakdown of a relationship. When a couple has children together, addiction can put a significant strain on the family. In some cases, alcoholism can lead to physical or verbal abuse. Attempts at rehab or therapy may have failed to resolve the problem. A parent may feel he or she has no choice but to leave the marriage in order to protect him or herself as well as his or her child’s best interests. Even though it is not a legal prerequisite, if a couple has been separated for at least six months, that typically proves they have irreconcilable differences.

Protecting Yourself

Once you have decided to leave your addicted partner, there are a few things you can do to help prepare for the divorce process. In many divorce cases involving an addict, the two spouses do not agree on how to divide marital property or assets. For these situations, the court will consider many factors to determine the allocation of parental responsibilities or parenting time. Overnight stays may not be granted, or a judge can order supervised visitation for the parent who has a substance abuse problem.

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Kane County family law attorneysA divorce can be complex, with many issues to resolve. Some couples argue over money, especially as it relates to child support or spousal maintenance. In high-asset divorce cases, one spouse may deliberately try to hide funds in an effort to keep them from the other spouse. That is why it is important to seek professional legal counsel to make sure you are not being taken advantage of during the proceedings. Hidden assets can be uncovered in several different ways with the help of a forensic accountant, as well as an experienced divorce attorney.      

Ways in Which a Spouse May Hide Marital Assets

There are certain ways your spouse can be deceitful if he or she does not want to share a portion of the marital assets. One of the most common ways to hide assets is to transfer them to a new bank account that is only in your spouse’s name. Hidden assets may also include other acts, such as using dinners as a business expense or tax write-off. Undervaluing a piece of property you own together is another way to conceal funds. 

Below are a few examples of the means through which marital assets may be hidden:

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