Divorce cases vary dramatically in complexity. Spouses with few assets who were not married very long may be able to resolve their divorce quickly and with little court intervention. Divorce is much more involved for couples who own high-value or complex assets and spouses who disagree on divorce issues.

One of the most important aspects of the divorce process is financial disclosure. Spouses are expected to list all of their assets and other relevant financial information. When a spouse does not share this information or the information is incomplete or inaccurate, the spouses’ attorneys may use discovery tools to reveal the truth. Discovery often involves financial concerns such as the division of marital property but discovery may also address child-related issues.

Discovery Tools in an Illinois Divorce

Discovery is the “fact-finding” portion of the divorce case. In order to negotiate the unresolved divorce issues, the spouses and their respective attorneys must have a full understanding of the facts of the case. Discovery varies from case to case but, often, discovery involves:

Finances impact a divorce case dramatically. The amount of marital property assigned to each spouse is heavily influenced by the value and types of assets owned by the spouses. Child support payments are calculated using each spouse’s net income. Spousal maintenance is also mainly determined by the spouses’ assets, income, and overall financial circumstances. Consequently, lying about finances can dramatically influence the outcome of a divorce case. Hiding assets, underreporting income, and transferring property to another party are all tactics some divorcing spouses use to manipulate their divorce case.

Ways that Spouses Conceal Assets in a Divorce

There are nearly countless methods for hiding assets in a divorce. Some spouses literally hide cash or property during divorce. They may “sell” assets to friends or family members only to regain the property after the divorce is complete. Other spouses use their business or professional practice to hide income or assets. Unscrupulous spouses may even use the Internal Revenue Service (IRS) to shield assets from division during divorce by overpaying taxes and reaping a large return in the future.

Perhaps the easiest and more common form of hiding assets in a divorce is simply not reporting the assets. In many marriages, one spouse takes charge of the finances while the other spouse handles non-financial responsibilities. This makes it easy for the knowledgeable spouse to deceive the uninformed spouse.

Divorce is never easy, but sometimes a divorce can get hostile and ugly things are said between partners. If the conversations regularly become violent, threatening, or inappropriate, a spouse may want to record phone conversations in order to prove to a court that the other spouse is a danger to themselves or their child. 

Often, a spouse will want to record these conversations secretly, out of fear that the offending spouse will clean up their act if they believe someone may be listening. They may worry that the harassment will continue if they cannot prove that the inappropriate actions are taking place.  

Illinois is a Two-Party State

No matter how serious your concerns are about threatening phone conversations, in Illinois, you cannot secretly record a phone conversation legally. This is because Illinois is a two-party state. In a one-party state, only one party participating in a phone conversation of two or more people has to know the conversation is being recorded in order for it to be legal. But in a two-party state, all the parties to the conversation must know and consent to be recorded in order for the call to be legal. 

Divorce is frequently cited as one of the five most stressful life events. No matter how long you’ve been married, deciding to get divorced is often accompanied by many complex emotions. Although divorce is increasingly common, it is not a decision to be taken lightly, and its potential impact on spouses, children, pets, and assets must all be considered. Fortunately, with the help of a lawyer, you can plan ahead and prepare yourself for the process to make it go as smoothly as possible. 

Have a Long-Term Strategy

Widespread academic research and collective wisdom both attest to the negative effect divorce can have on everyone involved. Speaking dispassionately, most people would tell you that a commitment to reducing conflict in divorce is crucial for minimizing the negative impact, especially on children. However, when spouses are in the midst of difficult or hostile divorce negotiations, it can be hard to have a long-term strategy and remember that the process of divorce doesn’t last forever – even if it seems like it might!