Domestic Violence and its Impact on Illinois Divorce

It is not uncommon for a marriage to reach its end due to domestic violence. In these cases, the family environment is a dangerous place for the spouse who is being victimized, along with any children who are present. With the new changes to divorce law in Illinois, it is now a no-fault state. This means that domestic violence in and of itself is not a ground for divorce, it must be irreconcilable differences that led to a breakdown of the marriage.

  • Statistics

In a study by the American Academy of Matrimonial Lawyers, attorneys stated that there was a rise of 32% in divorce cases which involved domestic violence. 36% also relayed that increases were occurring in regard to restraining orders against abusive spouses. If you are a victim of domestic violence who is considering divorce, Rolling Meadows divorce lawyers can assist you in this challenging process.

  • Dividing Assets

Illinois is an equitable distribution state, which means property must be divided in a fair manner. If you have an order of protection against your spouse, the court will often take the steps needed to prevent financial abuse that might threaten marital assets. What this really means is that your spouse will not be allowed to sell shared property or deny you access to any physical property.

  • Parenting Questions

Domestic violence has a huge effect on children but that doesn’t mean your spouse will be restricted from the children. However, if the child is also being abused, the abusive spouse may only receive supervised parenting time. In more intense cases, they may be denied parenting time at all. As you will have the large amount of parenting time, you will receive child support that will help you manage the costs and expenses involved with bringing up your children.

  • Penalties for the Abuser

Domestic violence is considered a criminal offense in Illinois. The abuser may receive criminal charges for breaking the law, as well as for breaching a protection order. However, this is most often done in a criminal court, not a civil court. The attorney office can choose to help you pursue the case, but it is up to them.

  • Proving Abuse in a Divorce Case

It can be difficult to prove abuse and it recommended that you keep evidence like text messages, emails, photos, videos, medical records, and police reports. It’s also important to retain Rolling Meadows divorce lawyers who can help you with a strategy to get the best outcome. You can contact the Law Office of Fedor Kozlov, P.C. for a free consultation by calling 847-380-5193.