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Serving Kane, McHenry, DuPage and Cook Counties

Getting a Divorce from an Abusive Spouse in Illinois

Posted on in Divorce

Kane County family law attorney divorce

Ending a marriage is always a difficult process, but it is especially hard when you are trying to divorce a spouse who has been abusive to you or your children. An abusive spouse may try to stop you from filing for divorce in the first place, and they will likely do everything in their power to make the divorce process as difficult as possible, often including threatening your safety. It goes without saying that good faith negotiations are not possible in such circumstances, and your best option for protecting yourself and your interests is to work with an experienced attorney who can stand up for you.

Protecting Yourself and Your Property

Perhaps the most important consideration when divorcing an abusive spouse is securing the physical safety of yourself and your children. If you have been the victim of domestic abuse or you believe you are in danger, you can petition for an order of protection in Illinois court. An order of protection can prohibit your spouse from engaging in acts of abuse, or communicating with or coming near you or your children at home, work, or school. An order of protection can also grant you temporary exclusive possession of your home and other property, or prevent your spouse from taking or destroying marital property.

An emergency or interim order of protection can keep you safe in the short term, and upon a court hearing, it may be extended to a plenary order. When filed in conjunction with a divorce, a plenary order of protection could last until the divorce is finalized, or for up to two years after the divorce is finalized, depending on the circumstances.

Protecting Your Children

In some cases, an order of protection can also grant you exclusive parental decision-making authority and parenting time while it is in effect. However, in order to secure longer-term protection, it will be important to address your spouse’s history of abuse when it comes to decisions regarding the allocation of parental responsibilities in the divorce. In especially serious cases, your spouse’s abuse toward you or your children could be grounds for eliminating his or her parenting time and responsibilities and granting you sole custody. More commonly, the court may decide to place restrictions or conditions on your spouse’s parenting time to protect you and your kids, such as:

  • Requiring parenting time to be supervised.

  • Ordering protected exchanges of the children between parents.

  • Restricting communication between parents.

  • Requiring a parent to undergo treatment for domestic abuse.

Contact a St. Charles Order of Protection Attorney

At the Law Offices of Benedict Schwarz, II PC, we understand the dangers and challenges of divorcing an abusive spouse. We can help you pursue an order of protection along with your divorce, and we will work to ensure that the safety of you and your children is the priority and protected in your divorce resolution. For a free consultation, contact our reputable Kane County family law attorney today at 847-428-7725.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

 

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