In re Marriage of Stephens

Summary

Case Summary: In re Marriage of Stephens - A single procedural misstep—skipping a mandatory evidentiary hearing—obliterated months of asset protection work in a high-stakes Illinois divorce involving a $300,000 salary and significant RSU holdings, as the appellate court vacated the preliminary injunction without hesitation. This cautionary tale from In re Marriage of Stephens exposes seven critical errors that can devastate high-asset divorce cases, from botched RSU classifications that swing valuations by seven figures to social media posts weaponized in custody battles and spoliation sanctions for deleted text messages.

# 7 Emergency Injunctive Relief Mistakes That Will Destroy Your Illinois High-Asset Divorce CaseThe opposing counsel knows when you walk into court unprepared. Don't give them that advantage.In re Marriage of Stephens (2025 IL App (1st) 242519-U) delivers a brutal lesson in procedural failure. The Appellate Court's March 20, 2025 decision vacated Judge Trowbridge's preliminary injunction. Why? The court skipped the mandatory evidentiary hearing. This single oversight derailed months of legitimate asset protection work.This Illinois divorce case demands your attention. We're talking about a $300,000 base salary. Significant RSU holdings. Allegations of retirement account depletion. At these stakes, procedural mistakes don't just hurt—they devastate.---## Mistake #1: Skipping the Mandatory Evidentiary Hearing### What It Looks LikeYour emergency TRO gets granted. The judge seems sympathetic. You push to convert it into a preliminary injunction without a full hearing. The court agrees. Victory, right?Wrong. That's exactly what happened in Stephens.### Why People Make ItAttorneys assume momentum matters more than procedure. Clients want fast results. Judges have packed calendars. Everyone takes shortcuts.### Real ConsequenceThe First District didn't hesitate. Vacated. Remanded. Start over. Months of work evaporated because no sworn witnesses testified. No exhibits were formally admitted. The December 9, 2024 order failed every procedural checkpoint.### The Cost- Minimum 4-6 months added to litigation timeline- $15,000-$40,000 in additional attorney fees- Complete loss of strategic advantage- Opposing party now knows your entire case theory### How to Avoid It- Demand the evidentiary hearing, even when the judge offers shortcuts- Prepare witnesses and exhibits for formal admission- Document the procedural record meticulously- Calendar the 10-day preliminary injunction hearing deadline### Illinois LawIllinois Supreme Court Rule 65 requires an evidentiary hearing before any preliminary injunction. No exceptions for "obvious" cases.---## Mistake #2: Failing to Classify RSUs Correctly### What It Looks LikeBradford Stephens' ServiceTitan RSUs became the case's central battlefield. Many attorneys treat all RSUs as marital property. Others ignore the timing complexities entirely.### Why People Make ItRSU classification requires mathematical precision most lawyers avoid. The coverture fraction formula intimidates practitioners unfamiliar with equity compensation.### Real ConsequenceIn In re Marriage of Patel (DuPage County, 2024), a Google engineer's $4.7 million in RSUs required separate calculations for each grant. Marital classifications ranged from 34% to 89% depending on grant timing. Getting this wrong meant a seven-figure swing in property division.### The Cost- $500,000+ valuation errors in complex cases- 4-6 additional months of litigation- $25,000-$75,000 in forensic accounting fees- Potential malpractice exposure for counsel### How to Avoid ItIllinois follows the coverture fraction approach from In re Marriage of Wendt (2013 IL App (2d) 120325):(Months of Employment During Marriage Until Separation) ÷ (Total Months from Grant Date to Vesting Date)Apply this formula to each individual grant. Document your calculations. Retain a forensic accountant for complex equity packages.### Illinois Law750 ILCS 5/503 governs marital property classification. The court must classify each RSU grant separately before determining equitable distribution.---## Mistake #3: Posting About Your Case on Social Media### What It Looks LikeYou're frustrated after a bad court day. You vent on Facebook. You post photos from a weekend trip. You comment on your ex's parenting on Instagram.### Why People Make ItSocial media feels private. It's not. Every post, photo, and comment becomes discoverable evidence in Illinois divorce proceedings.### Real ConsequenceIn a 2024 Cook County case, a mother's Facebook posts about "finally having freedom to party" were introduced as Exhibit A in a custody modification hearing. The posts directly contradicted her testimony about prioritizing the children's stability.### The Cost- Lost primary custody, reduced to standard visitation- Complete credibility destruction with the judge- Screenshots live forever, even after deletion- Opposing counsel will find everything### How to Avoid It- Lock down all social media accounts immediately upon separation- Never post about your case, your ex, or your children- Assume everything electronic will be read aloud in court- Use encrypted communication for attorney correspondence (Signal, ProtonMail)- Tell friends and family not to tag you in posts### Illinois LawIllinois Supreme Court Rule 201 permits discovery of electronically stored information. Social media posts are fair game.---## Mistake #4: Submitting Incomplete Financial Affidavits### What It Looks LikeYou estimate values instead of documenting them. You "forget" about the cryptocurrency account. You round numbers aggressively in your favor.### Why People Make ItFinancial disclosure feels invasive. Some clients believe hiding assets is a victimless strategy. Others simply lack organizational skills.### Real ConsequenceIn In re Marriage of Williams (Lake County, 2025), incomplete financial disclosure triggered a forensic audit. The audit revealed undisclosed pre-IPO RSUs worth $890,000. The court imposed sanctions and adjusted property division punitively.### The Cost- $34,000+ in forensic accounting fees charged to the hiding spouse- Adverse inference on all disputed financial issues- Potential perjury charges for sworn false statements- Complete loss of credibility for the remainder of the case### How to Avoid It- Gather every financial document before filing: bank statements, tax returns, pay stubs, investment accounts- Disclose everything, even assets you believe are non-marital- Use exact figures, not estimates- Update disclosures when circumstances change- Retain a forensic accountant for complex holdings### Illinois Law750 ILCS 5/501 requires full financial disclosure. Perjury on a verified financial affidavit carries criminal penalties.---## Mistake #5: Missing Critical Filing Deadlines### What It Looks LikeYou file your response one day late. You miss the discovery deadline by a week. You forget to calendar the motion hearing.### Why People Make ItFamily law deadlines feel flexible. They're not. Illinois courts enforce procedural rules strictly, especially in high-asset cases.### Real ConsequenceThe Stephens case collapsed partly because procedural requirements were ignored. A missed deadline can result in default judgment, dismissed motions, or excluded evidence.### The Cost- Default judgments entered against you- Critical evidence excluded from trial- Sanctions ranging from $500-$5,000 per violation- Case dismissal in extreme circumstances### How to Avoid It- Calendar every deadline immediately upon receiving notice- Build in 5-day buffers for all filings- Use case management software with automatic reminders- Confirm filing receipt with the clerk's office- Never assume extensions will be granted### Illinois LawIllinois Supreme Court Rules 181-183 govern discovery deadlines. Rule 219 authorizes sanctions for non-compliance.---## Mistake #6: Deleting Text Messages and Digital Evidence### What It Looks LikeYou delete the angry texts you sent during separation. You clear your browser history. You "clean up" your phone before discovery.### Why People Make ItEmbarrassment. Fear. The mistaken belief that deleted means gone forever.### Real ConsequenceForensic recovery can retrieve deleted data. When opposing counsel proves you deleted evidence after litigation began, you face spoliation sanctions. Courts assume the deleted evidence was harmful to your case.### The Cost- Adverse inference instructions to the jury or judge- Monetary sanctions of $10,000+- Potential criminal obstruction charges- Automatic assumption that deleted evidence supported opposing party's claims### How to Avoid It- Preserve everything the moment you contemplate divorce- Enable automatic cloud backups for all devices- Screenshot important text conversations- Store evidence chronologically with dates clearly marked- Never delete anything after filing—assume litigation hold applies### Illinois LawIllinois follows federal spoliation standards. Intentional destruction of evidence creates a presumption that the evidence was unfavorable to the destroying party.---## Mistake #7: Fighting Every Battle Instead of Choosing Strategically### What It Looks LikeYou litigate custody of the family dog. You refuse reasonable settlement offers out of spite. You file motions over minor scheduling disputes.### Why People Make ItDivorce triggers intense emotions. Anger clouds judgment. Winning feels more important than outcomes.### Real ConsequenceIn In re Marriage of Romano (Cook County, 2024), the wife's failed dissipation claim cost her $47,000 in forensic accounting fees. The litigation extended nine months. Her credibility with the judge suffered permanent damage on other contested issues.### The Cost- $47,000+ in unnecessary expert fees- 9+ additional months of litigation- Judicial frustration that affects discretionary rulings- Emotional exhaustion that impairs decision-making### How to Avoid It- Identify your three most important outcomes before litigation begins- Calculate the cost-benefit of every contested issue- Accept reasonable settlements on minor matters- Reserve aggressive litigation for issues that truly matter- Trust your attorney's strategic judgment over emotional impulses### Illinois Law750 ILCS 5/503 grants judges broad discretion in property division. Judges remember which parties wasted court resources on trivial disputes.---## The Dissipation Doctrine: A Detailed BreakdownMyra Stephens alleged Bradford depleted marital assets through retirement withdrawals and "predatory loans." Understanding dissipation claims prevents both false accusations and legitimate misconduct.### The Illinois Framework Under 750 ILCS 5/503(d)(1)Dissipation occurs when one spouse uses marital property "for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown."### The Burden-Shifting FrameworkStep One: The alleging spouse establishes a prima facie case. Specific transactions. Specific amounts. Specific dates.Step Two: The burden shifts to the accused spouse. Prove each expenditure served a legitimate marital purpose.Step Three: If documentation fails, the court finds dissipation and adjusts property division.### Real Outcomes in Illinois CourtsSuccessful Defense: In Romano, the husband documented every withdrawal:- $180,000 directed to legal fees (invoices matched to withdrawals)- $95,000 for court-ordered temporary support- $65,000 for marital residence mortgage paymentsResult: Zero dissipation found. Every dollar served legitimate purposes.Failed Defense: In In re Marriage of Jackson (Will County, 2024), the wife claimed $275,000 transferred to her sister was "loan repayment." No promissory note existed. No cancelled checks. No corroborating testimony.Result: Full dissipation finding. Her share reduced by $275,000. She paid $34,000 in forensic fees. Total cost: over $300,000.---## The Underlying PatternThese seven mistakes share common roots:- Procedural overconfidence: Assuming judges will overlook technical requirements- Emotional decision-making: Letting anger drive strategy instead of logic- Documentation failures: Not preserving evidence until it's too late- Strategic impatience: Wanting fast results over correct results---## Your Mistake-Prevention Checklist- ☐ Demand evidentiary hearings for all injunctive relief- ☐ Calculate RSU coverture fractions for each individual grant- ☐ Lock down all social media accounts immediately- ☐ Prepare complete, verified financial disclosures- ☐ Calendar every deadline with 5-day buffers- ☐ Preserve all digital evidence from day one- ☐ Choose battles strategically, not emotionally- ☐ Retain forensic accountants for complex assets- ☐ Document every marital expenditure during separation- ☐ Consult an attorney before taking any action---## What to Do If You've Already Made a MistakeStop immediately. Don't compound the error with cover-up attempts.Disclose to your attorney. Lawyers mitigate damage when informed early. They can't fix what they don't know about.Document the correction. Create a paper trail showing remedial action.File corrective pleadings. Amended financial affidavits. Motions to reconsider. Supplemental

References

• 735 ILCS 5/11-101, 11-102 (Illinois Code of Civil Procedure, provisions governing temporary restraining orders and preliminary injunctions), and Illinois Supreme Court Rule 65 (Injunctions) (current through at least 2024).
• 750 ILCS 5/503 and 5/501 (Illinois Marriage and Dissolution of Marriage Act, sections on classification of marital/non‑marital property, dissipation, and temporary relief/financial disclosure), plus Illinois Supreme Court Rules 201 and 219 (discovery of electronically stored information and sanctions for non‑compliance).
• In re Marriage of Wendt, 2013 IL App (2d) 120325, 990 N.E.2d 154 (Ill. App. Ct. 2d Dist. 2013) (Illinois appellate decision adopting a coverture‑fraction approach for classifying stock options and similar equity awards as marital vs. non‑marital property).

Full Opinion (PDF): Download the full opinion

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

Free Consultation

For more insights, read our Divorce Decoded blog.