How do I prove my divorce dissipation?

How do I prove my divorce dissipation?

Some examples of dissipation may include a gambling problem, an alcohol or drug problem, spending money on a boyfriend or other third party, etc. The spending must be wasteful, excessive, and cannot have been condoned or approved by the other spouse.

What is dissipation in divorce?

According to the Illinois Marriage and Dissolution of Marriage Act, dissipation of marital assets occurs when one spouse uses money or assets for purposes unrelated to the marriage when the marriage has “irretrievably or irreconcilably broken.” The dictionary definition of dissipation is waste by misuse, to spend or …

What is a marital waste claim?

Marital waste attempts to prove that one spouse in the marriage abused or intentionally squandered marital assets to deprive the other party of their fair share. This means you cannot make a waste claim simply because you did not agree with your wife’s spending habits throughout the course of the marriage.

What is marital money?

Marital, or community property, is defined as assets and debt newly acquired during the marriage, either jointly or by one party, other than by a gift or inheritance to one spouse. They also can be inheritances during the marriage to one spouse, including gifts by one spouse to the other.

What happens to marital home in divorce?

Marital property includes all property either spouse bought during the marriage. It does not matter whose name is on the title. For example, if a couple bought a home, but only the husband’s name was on the deed, the wife would still be entitled to some of the value of the home if they were to get a divorce.

Is divorce a tort?

If you have been a victim of any kind of marital tort, you can file for damages. California is a “no fault” divorce state in that for filing a divorce there does not have to be proof of a fault. But in cases of marital tort, domestic violence conviction and spousal support are based on the proof of the fault.