Divorce Involving Domestic Violence

dupage county divorce lawyerIn Illinois, one in three women experiences domestic violence, which includes everything from physical injury to emotional abuse. If you are in an abusive relationship and want to end it permanently, you may be exploring your options for divorce. If you are in an abusive relationship and want to end it permanently, you may be exploring your options for divorce. Ending your marriage is often the best way to escape an abusive relationship, but the process is not easy. It can be intimidating to navigate a divorce when your safety is at stake. Fortunately, there are resources available that can help you take control of your situation and protect yourself and your children.

Orders of Protection 

If an abusive partner threatens your physical or emotional safety, it is important to take action. Illinois law defines abuse as not only physical violence such as hitting but also harssment, intimidation of a dependant, willful deprivation, and interference with personal liberty. If you or your children are in imminent danger, you can ask the court for an Order of Protection. Emergency Orders of Protection can usually be obtained immediately in Illinois. 

Three Elements for a No-Fault Divorce

Illinois is a no-fault divorce state which means that spouses are not required to assign blame for the marital breakdown. Since 2016, irreconcilable differences are the only grounds for divorce allowed in the state. Under the law, such things as physical or mental cruelty, adultery, and drunkenness can no longer be cited as the reasons for the divorce. For a no-fault divorce you must prove the following three elements:

  • That irreconcilable differences caused the marriage to break

  • That efforts for reconciliation have failed

  • That future efforts for reconciliation would be impossible and not in the family’s best interests

Impact of Domestic Violence on Child Custody 

Domestic violence can impact child custody heavily. However, it is imperative that you gather and preserve evidence to support your allegations against your sposue. Photos, police reports, medical records, emails, texts, and videos will help establish the abuse and help paint a picture in court. Under the law, the court will not take accusations of misconduct into account when determining property division and spousal maintenance.

Contact a DuPage Domestic Violence Divorce Lawyer

If you are suffering domestic violence and want to get a divorce Law Office of Martoccio & Martoccio is here to help. We have represented spouses in multiple types of complex divorce cases, and we work to ensure that our clients’ interests are protected. A skilled Hinsdale, IL, domestic violence divorce attorney can help guide you during this difficult time. To learn more about your divorce options call 630-920-8855 for a free consultation.







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