In re Marriage of Stallworth

Summary

Case Summary: In re Marriage of Stallworth - Illinois courts impose severe consequences for inadequate financial disclosure during divorce proceedings, as demonstrated in *Stallworth*, where a pro se litigant's failure to properly document accounts, debts, and asset transfers—including shipping a vehicle to the Dominican Republic during litigation—resulted in adverse credibility findings that shifted the burden of proof against him on dissipation claims. The case underscores that under 750 ILCS 5/503(d)(2), once a spouse establishes prima facie dissipation of marital assets, the accused spouse bears the burden of proving legitimate marital purpose, making comprehensive documentation and timely disclosure essential defensive strategies rather than optional procedural formalities.

Question 1: How much does divorce cost in Illinois?

Short Answer: Illinois divorce costs range from $1,500 for uncontested cases to $50,000+ for contested high-asset dissolutions, with most contested cases falling between $15,000 and $30,000 in attorney fees alone.

Detailed Explanation: The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs divorce proceedings, but the statute doesn't dictate costs—complexity does. In Cook County, a straightforward uncontested divorce with no children and minimal assets might cost $1,500-$3,500 in attorney fees plus approximately $388 in filing fees.

However, contested cases escalate rapidly. Consider the real costs that accumulate:

• Discovery and document production: $2,000-$5,000
• Forensic accountant fees: $10,000-$50,000 for complex asset tracing
• Business valuation experts: $5,000-$25,000
• Trial preparation and court appearances: $10,000-$30,000
• Court reporter fees: $500-$2,000 per hearing day

The *Stallworth* case illustrates what happens when litigants try to cut corners. John Stallworth proceeded pro se despite earning $129,060 annually, believing he could save on attorney fees. The result? A $19,030 adverse judgment, $6,000 in fee awards to his ex-wife's attorney, and an unsuccessful appeal that cost additional time and money. His "savings" became a 4:1 to 10:1 negative return on inadequate preparation.

Under 750 ILCS 5/508(a), courts can order one spouse to pay the other's attorney fees based on income disparity and litigation conduct. Stallworth's income ($129,060) versus his wife's ($24,000) made fee-shifting virtually inevitable.

Question 2: How long does divorce take in Cook County?

Short Answer: Uncontested divorces take 2-3 months; contested dissolutions average 14.2 months from filing to final judgment in Illinois.

Detailed Explanation: Illinois eliminated mandatory waiting periods for divorce in 2016, but that doesn't mean fast resolution. According to the Administrative Office of the Illinois Courts, domestic relations filings in 2024 totaled approximately 48,000 statewide, creating significant court backlogs—especially in Cook County.

The timeline typically breaks down as follows:

1. Filing and service: 1-4 weeks
2. Discovery period: 3-6 months
3. Mediation attempts: 1-2 months
4. Pre-trial motions: 2-4 months
5. Trial scheduling: 2-6 months (Cook County delays are notorious)
6. Post-trial motions: 30 days minimum

The Stallworth case tracked this timeline precisely: filed July 2023, tried October-December 2024, judgment entered February 2025—approximately 19 months total. His appeal added additional months of uncertainty.

Factors that extend timelines include:

• Contested custody disputes requiring guardian ad litem appointments
• Complex asset valuation requiring expert testimony
• Dissipation claims requiring forensic accounting
• Discovery disputes and motion practice

Question 3: What do I need to file for divorce in Illinois?

Short Answer: You need residency (90 days in Illinois), grounds (irreconcilable differences), and comprehensive financial documentation including tax returns, pay stubs, and asset inventories.

Detailed Explanation: Under 750 ILCS 5/401, at least one spouse must have been a resident of Illinois for 90 days before filing. Cook County requires filing in the county where either spouse resides.

The documentation requirements are extensive and non-negotiable:

Required Financial Documents:

• Three years of federal and state tax returns
• 12 months of pay stubs or income verification
• Bank statements for all accounts (checking, savings, money market)
• Investment account statements (brokerage, retirement, 401(k), IRA)
• Real property deeds and mortgage statements
• Vehicle titles and loan documents
• Credit card statements and debt documentation
• Business financial statements if self-employed

Stallworth's case demonstrates the catastrophic consequences of inadequate documentation. The trial court specifically found he:

• Failed to disclose accounts
• Failed to disclose debts
• Obtained an unexplained $19,987 flex loan after separation
• Provided late disclosure of a vehicle disposition

These disclosure failures destroyed his credibility and contributed directly to adverse findings on dissipation and asset division. Comprehensive disclosure preparation costs approximately $2,000-$5,000 in attorney time—a fraction of what inadequate preparation cost Stallworth.

Question 4: Do I qualify for maintenance (alimony) in Illinois?

Short Answer: It depends on income disparity, marriage length, and each spouse's earning capacity. Illinois uses a statutory formula for marriages under 20 years when combined income is under $500,000.

Detailed Explanation: Under 750 ILCS 5/504, Illinois courts consider multiple factors when awarding maintenance:

• Each party's income and property
• Each party's needs and earning capacity
• Impairment of earning capacity due to domestic duties
• Time needed to acquire education or training
• Standard of living during the marriage
• Duration of the marriage
• Age and health of both parties

The Illinois Maintenance Formula:

For combined gross income under $500,000, the guideline amount is 33.33% of the payor's net income minus 25% of the payee's net income. The resulting maintenance cannot cause the recipient to receive more than 40% of combined net income.

In Stallworth, the income disparity was stark: $129,060 versus $24,000 annually. This $105,000+ gap made maintenance virtually certain. The trial court included a lump-sum maintenance component in the $19,030 equalization payment.

Duration Guidelines:

Maintenance duration depends on marriage length. For a 10-year marriage, maintenance typically lasts 4.4 years (44% of marriage duration). For marriages of 20+ years, courts may award indefinite maintenance.

Question 5: What evidence do I need for a dissipation claim?

Short Answer: You need proof that marital property was used for non-marital purposes during the marriage breakdown, including bank records, transaction histories, and timeline documentation.

Detailed Explanation: Under 750 ILCS 5/503(d)(2), dissipation requires proving three elements:

1. The property was marital
2. The property was used for non-marital purposes
3. The use occurred during the marriage breakdown

Once established, the burden shifts to the accused spouse to prove the expenditure served a legitimate marital purpose.

The Stallworth Dissipation Finding:

Stallworth traded a 2023 GMC Sierra ($30,795.45 in equity) for a 2025 model and shipped the vehicle to the Dominican Republic during pending litigation. The trial court found this constituted dissipation because:

• The Sierra was marital property
• Shipping a vehicle to a foreign country served no marital purpose
• The transfer occurred after separation

Stallworth's testimony attempting to justify the transfer was discredited. His supporting witness (Hernandez) was rejected. The court found he failed to meet his burden of proving legitimate purpose.

Evidence You Should Gather:

• Bank statements showing unusual withdrawals
• Credit card statements showing non-marital purchases
• Asset transfer documentation
• Timeline establishing when marriage breakdown began
• Witness statements regarding spending patterns

Dissipation claims increased 12% in reported Illinois appellate decisions between 2022-2024, reflecting increased judicial willingness to address asset concealment.

Question 6: What if the other party violates a court order?

Short Answer: You can file a petition for rule to show cause, seeking contempt findings that may result in fines, attorney fee awards, or even jail time for willful violations.

Detailed Explanation: Illinois courts take order violations seriously. Under 750 ILCS 5/508(b), courts may award attorney fees incurred in enforcing court orders. Contempt proceedings can result in:

• Civil contempt: Designed to compel compliance (fines, incarceration until compliance)
• Criminal contempt: Designed to punish past violations (fixed jail sentences, fines)
• Attorney fee awards: The violating party pays enforcement costs

Enforcement in Practice:

In Cook County, enforcement motions typically receive hearing dates within 30-60 days. The petitioner must prove:

1. A valid court order existed
2. The respondent knew of the order
3. The respondent willfully violated the order

Stallworth's case involved compliance issues with dissipation notice requirements. The trial court found he "thwarted compliance" with these requirements—a finding that contributed to adverse credibility determinations and ultimately to the dissipation ruling against him.

Documentation is critical. Maintain records of:

• All communications regarding compliance
• Payment records (or non-payment)
• Parenting time exchanges
• Any violations with dates and specifics

Question 7: Can I modify custody or support orders later?

Short Answer: Yes, but you must demonstrate a substantial change in circumstances since the original order was entered.

Detailed Explanation: Under 750 IL

Full Opinion (PDF): Download the full opinion

For more insights, read our Divorce Decoded blog.