My husband and I are separated I reside in marital home with temporary custody of our two young chlldren. We are in midst of a nasty custody battle. My husband has all the marital assets he wiped out all the accts prior to his departure. My question is he has a girlfriend (how long is unknown) but point is I get bare minimum (no child support) yet he is spending marital assets (recently took her on s trip) on his new girlfriend - is there any case law or order I can ask for to prevent him from spending any more marital assets on her. Is this considered dissipation of assets as she is divorced and has custody of her 2 children.
It appears you are attempting to handle your divorce on your own. That is your mistake. If you have an attorney, discuss your situation with your attorney as you do have remedies. If you do not have an attorney, now is a very good time to consult with several and hire the one you like the best. There are many outstanding attorneys in your area from which to choose.
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There is a lot that you can do and you should move quickly so that whatever assets remain are not dissipated. If you haven't done so already, I strongly encourage you to consult with an attorney in your area. many attorneys do not charge for initial consultations with prospective clients. AVVO is not the place to discuss your options in any kind of detail.
First, there are steps that you can take to try to stop ongoing dissipation. Second, there are steps that are required for you to make a claim of dissipation (depending upon when your case was filed) - see section 503(d)(2) of the Illinois Marriage and Dissolution of Marriage Act. These are matters which must be discussed with your attorney. If you don't have one, you really need one - particularly if you are in the midst of s custody fight. These are not issues that can be effectively dealt with on your own.
File a motion for a TRO to prevent him from spending and wasting marital resources and money. File a dissipation claim and ask for reimbursement from the money he spent. File a motion to set support if you haven't. I hope you have an attorney, if you don't you should retain one ASAP.
I agree with the other answers and would add that you can petition for your husband to pay your attorneys fees and you should retain an experienced family law attorney willing to do so.
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