What You Need to Know About Court to Hear Cases on Arbitration, Where One Can Be Tried for an Offense: Your Complete Illinois Checklist

Summary

Article Overview: Summary:

A single compromised password or unencrypted email during divorce proceedings can hand your opponent devastating ammunition—as one Illinois woman discovered when her husband weaponized fraud allegations against her while arbitration and criminal court battles collided. This legal checklist reveals how "Jennifer" salvaged $387,000 in assets and her children's custody by implementing rigorous digital security protocols, preserving exculpatory evidence, and strategically coordinating her defense across two fundamentally different legal systems operating simultaneously.

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Case details have been anonymized to protect client confidentiality while preserving educational value.
Real Case Study: When Arbitration Meets Criminal Court
Client: "Jennifer" (pseudonym), 38, marketing executive. Married 12 years with 2 children (ages 8 and 10).
The Problem: Jennifer's divorce involved an arbitration clause in her prenuptial agreement. Her husband also filed criminal fraud allegations against her. She faced two legal battles at once.
What She Risked:
☐ Primary custody of her children
☐ Criminal fraud charges tied to joint business accounts
☐ Approximately $450,000 in marital assets
30 Days Before Filing: Critical Preparation
☐ Gather financial records: Last 3 years of tax returns, bank statements, and investment accounts
☐ Document digital assets: Cryptocurrency wallets, PayPal, and Venmo accounts
☐ Secure sensitive communications: Use encrypted email (ProtonMail) for attorney correspondence
☐ Change passwords: Update bank accounts, email, and social media credentials immediately
☐ Screenshot evidence: Capture text messages, emails, and social media posts with metadata intact
☐ Identify arbitration clauses: Review all contracts, prenuptial agreements, and employment documents
Understanding the Two Legal Pathways
Jennifer's case shows a critical distinction. Arbitration and criminal court operate under completely different rules. Yet they can intersect in devastating ways.
Arbitration handles civil matters:
☐ Contract disputes between businesses or individuals
☐ Employment disagreements over wages or termination
☐ Consumer conflicts from service agreements
☐ Marital agreements with arbitration clauses
Critical distinction: You cannot be "tried for an offense" in arbitration. It's not designed for criminal matters. However, arbitration findings can trigger criminal investigations.
Arbitration Proceedings Checklist
Jennifer's prenuptial agreement required arbitration for financial disputes. Here's what she prepared for:
☐ Private proceedings: Conducted outside traditional courtrooms, away from public view
☐ Binding decisions: A neutral arbitrator with specialized expertise makes final rulings
☐ Accelerated timelines: Cases move faster than congested court dockets
☐ Limited appeals: Strategic preparation becomes absolutely essential
☐ Relaxed evidence rules: Broader admission of digital evidence is permitted
Criminal Court Checklist: When Offenses Enter the Picture
Jennifer's husband filed criminal fraud allegations. This thrust her into criminal court simultaneously. Different protections apply:
☐ Constitutional safeguards: Right to an attorney and jury trial
☐ Higher burden of proof: Prosecution must prove guilt "beyond reasonable doubt"
☐ Potential penalties: Fines, probation, or imprisonment
☐ Public proceedings: Records become permanently accessible
Digital Evidence Collection Checklist
Digital evidence proved pivotal in both Jennifer's arbitration and criminal defense:
☐ Email evidence: Her husband had authorized the transactions he called fraudulent
☐ Social media posts: These contradicted his testimony about their finances
☐ Text message chains: They established a timeline proving Jennifer's transparency
☐ Digital forensics: Uncovered hidden cryptocurrency accounts her husband concealed
Discovery Phase: Evidence Collection
☐ Respond to interrogatories within 28 days (Illinois Supreme Court Rule 213)
☐ Produce requested documents using secure file transfer—never unencrypted email
☐ Prepare for deposition by meeting with your attorney 48 hours before
☐ File targeted interrogatories demanding documentation of disputed transactions
☐ Preserve Fifth Amendment protections in any parallel criminal matter
Cybersecurity Safeguards During Your Case
☐ Enable two-factor authentication on all accounts
☐ Monitor credit reports weekly—identity theft spikes during divorces
☐ Use VPN when accessing case documents from public Wi-Fi
☐ Never discuss case details on social media—everything is discoverable
☐ Secure forensic imaging of devices and cloud accounts immediately
Dual Proceedings Strategy Checklist
Jennifer's legal team coordinated both the arbitration and criminal defense:
☐ Discovery tactics: Demand documentation while protecting Fifth Amendment rights
☐ Evidence preservation: Secure digital evidence before spoliation claims arise
☐ Motion practice: File motions to stay arbitration pending criminal resolution
☐ Settlement leverage: Use discovered hidden assets as negotiation pressure points
Final Preparations Before Trial or Hearing
☐ Review exhibit list with attorney at least one week before
☐ Prepare witness testimony outline with specific dates and facts
☐ Organize a clear timeline of all relevant events
☐ Dress professionally in business attire
☐ Arrive 30 minutes early to review materials
Jennifer's Outcome
Result: Criminal complaint dismissed. Prosecutors reviewed the exculpatory digital evidence. Arbitration concluded with findings favoring Jennifer on all major financial issues.
Financial Impact: $387,000 in asset division plus $4,200 monthly child support. This exceeded the initial offer significantly.
Custody: Jennifer received primary residential custody. She shares joint decision-making on education and healthcare.
Timeline: 14 months from initial filing to complete resolution.
Key Lessons Checklist
☐ Know your forum: Arbitration clauses limit court access for civil matters. Criminal allegations always go through criminal court.
☐ Digital evidence cuts both ways: Preserve everything supporting your position. Assume opponents will scrutinize your digital footprint.
☐ Coordinate dual proceedings: Statements in arbitration could impact criminal exposure. Strategy must address both.
What Jennifer Wishes She'd Known Earlier
"I had no idea my prenuptial agreement's arbitration clause would complicate criminal accusations so much. These two legal worlds operate completely differently. What I said in one could affect the other. Getting legal guidance that addressed both saved everything."
Which Scenario Applies to You?
☐ Arbitration for civil dispute: Governed by a contract or agreement
☐ Criminal court proceedings: Alleged offense with potential penalties
☐ Court-annexed arbitration: Alternative track offered by some Illinois civil courts
☐ Intersecting matters: Civil and criminal issues overlap, like Jennifer's case
Download printable PDF checklist [link]
This checklist is your roadmap, but every case is unique. If you're facing a situation where civil arbitration and criminal allegations intersect, consult with an Illinois family law attorney. They can analyze your specific circumstances and develop a coordinated strategy.

Written by Jonathan D. Steele

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

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For more insights, read our Divorce Decoded blog.