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Considerations Before Divorcing an Abusive Spouse in Illinois

Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois abusive spouse lawyer, divorcing an abusive spouse in ILDomestic violence cases occur when a member of your household has been physically struck, threatened, or harassed by an opposing house member. Thoughts of domestic violence cases usually depict a husband abusing his wife; however, victims or abusers can be any household member. Thankfully, a lot of marriages that are linked to domestic violence issues often end in divorce. Before a dissolution of marriage is filed, there are certain precautions and considerations that should be taken to help avoid the situation from escalating. Working with a skilled divorce attorney could expand your knowledge of how the legal system can help when divorcing an abusive spouse.

Request an Order of Protection

For victims of domestic abuse, a judge can provide a temporary court order that would restrict the abuser from having access to the victim. In general, an order of protection would be able to:

  • Prevent the offender from making threats or abuse
  • Remove the offender from the residence
  • Prohibit the use of drugs or alcohol by the abuser
  • Establish a restraining order
  • Require the abuser to attend counseling
  • Require the abuser to attend court
  • Award you with temporary custody of your child
  • Adjust visitation rights
  • Grant the victim certain property
  • Require the abuser to pay support for you or a minor child
  • Require the abuser to turn over weapons to law enforcement

If you, your child, or another member of your household are being victimized, it is important to seek help immediately. Requesting assistance from the police and court system can provide immediate protection and establish a trend of abuse.

Plan for Additional Safety Precautions

After an order of protection is granted, it is not promised that the abuser will stay away. Seeking shelter at a friend or family member’s house may decrease the likelihood of the offender pursuing vengeance. Furthermore, being in contact with your local police department as well as a domestic violence shelter could provide a loving community and a sense of protection.

File for an Illinois Divorce

The reason as to why a couple wants to end their marriage no longer needs to be established in Illinois. A “no-fault divorce” simply requires that irreconcilable differences lead to the conclusion of a couple’s marriage. Although it is not mandatory, letting the court know that domestic violence factored into the divorce could be beneficial. Marital aspects such as child custody, spousal support, relocation, and the division of assets could all be affected if domestic violence can be established.

Contact a DuPage County Divorce Attorney

If preventative actions are not taken, victims of domestic violence can sustain brutal injures and live in constant fear. Your husband or wife should be a person that you can trust and feel safe with, not fear because of abuse. At Weiss-Kunz & Oliver, LLC, we can provide legal help to you or a loved one that is being victimized. Immediately after any form of abuse occurs, our experienced Elmhurst divorce lawyers can work with you to secure your family’s safety. To schedule an initial consultation, contact our office today at 312-605-4041.



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