Illinois Divorce Start Your Divorce Find Professionals Illinois Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Illinois Products Divorce by County
How to Handle Undisclosed Assets After a Judgment of Dissolution of Marriage has Already Been Entered?
In any divorce proceeding, there could be assets that were not disclosed, or disposed of, within the context of a dissolution of marriage proceeding, whether the case was concluded by settlement or through any rulings by the Court.
The undisclosed assets may be the result of lack of information, carelessness in not disclosing same, misunderstanding or intentionally attempting to conceal assets.
If there are undisclosed assets that were not before the Court with respect to any rulings and/or agreements or final disposition, an appropriate motion can be filed with the Court identifying the undisclosed asset, and explaining what occurred and identifying relief being sought from the Court.
The above process may not reopen the entire case solely because of undisclosed assets. Rather, depending on facts and circumstances, the Court that entered the Judgment of Dissolution of Marriage may have jurisdiction to take up and rule upon any undisclosed assets that should have been considered and ruled upon in the previously entered Judgment of Dissolution of Marriage.
In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.