Many divorcing couples try to avoid the time, cost, and stress of a trial by pursuing an uncontested divorce, in which they come to an agreement on many important decisions. However, this can be easier said than done, and in many cases, it helps to seek the assistance of a qualified divorce mediator. Mediation can be especially beneficial when attempting to resolve the often complicated matter of dividing marital assets, property, and debts.

What Is the Role of an Illinois Divorce Mediator?

Unlike a divorce attorney, whose role is to represent the interests of one of the parties, a mediator remains neutral and seeks to guide negotiations between spouses to allow both perspectives to be heard, minimize conflict, and identify opportunities for agreement on the way to a finalized resolution. While there is usually some financial cost for divorce mediation, it is often lower than the expenses that the two parties may face if the divorce goes to trial.

During the divorce process, couples must go through financial documents when determining how to divide assets and property and addressing issues such as spousal maintenance (alimony) and child support. In many marriages, a couple’s finances are straightforward, but that is not always the case. In some situations, forensic accounting may be necessary to analyze financial data more closely. If you are considering a divorce and are not sure how forensic accounting may benefit you, it is essential to speak with an experienced family law attorney who can help you explore your options. 

What Is Forensic Accounting? 

Forensic accountants utilize accounting and auditing skills as well as investigative skills to perform a thorough examination of individuals’ financial records. Forensic accountants can be useful during a divorce because they are adept at uncovering financial information that a divorcing spouse may have attempted to hide from his or her spouse and the courts. Forensic accountants may review several types of documents, including:

When a couple is getting divorced in Illinois, the law provides that all of the couple’s marital property should be divided in a manner that is fair and just. To determine a “fair and just” allocation of assets, the court will take many factors into account, including each spouse’s age, health, and employability, as well as their contributions to the marital estate. The court must also consider any claims made by either spouse against the other regarding dissipation of marital assets.

What Is Dissipation?

The Illinois Supreme Court established a definition for dissipation as “the use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown.” Over the years, the state legislature has alternated between including and excluding non-marital property in its definition of dissipation. The most recent version of the law provides that only marital property can be dissipated.

It is certainly not uncommon for divorcing spouses to fight over money. In many situations, finances are the only issue that keeps the divorce process ongoing—often for many months or even years. A large number of such cases include high-net-worth couples with significant assets and business interests, which can be very complicated to divide fairly. Other cases, however, involve one spouse hiding or obfuscating assets so that he or she will not lose them during the divorce.

Manipulating the System

Illinois law requires each spouse to make a full financial disclosure during the divorce process so that all marital property can be divided equitably. Too often, one spouse will attempt to leave certain assets or revenue streams out of his or her disclosure so that they will be “safe” from division during the divorce. This type of behavior defies the intent of the law regarding equitable distribution and is taken very seriously by the courts.

No matter how much—or how little—you and your spouse may own, figuring out who should get what during a divorce is probably not going to be easy. You may find that you both have an attachment to certain assets, such as the family home or a particular car, which may not lend themselves well to being divided between the two of you. Regardless of how divorce may be presented in movies and on television, yours does not need to be played out with open hostility in a courtroom brawl. Instead, you can develop an agreement that recognizes the contributions made by both you and your spouse to the marriage and allocates your property in a way that meets everyone’s needs.

Inventory Your Assets

The first step toward a workable property settlement is understanding what is to be included. This means taking stock of everything you own and owe. Assets include real estate, vehicles, furniture, business holdings, investments, and, of course, cash savings, among many others. Debts are also important part of the agreement, as they can follow both of you for years to come if they are not properly addressed.