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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.
Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage. This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court."
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