Domestic violence can significantly impact divorce proceedings in Illinois, influencing decisions about child custody, support, and property division.
Understanding the Impact of Domestic Violence on Divorce
Domestic violence introduces critical concerns during a divorce, particularly in protecting the safety of the victim and any children involved. Illinois courts prioritize these considerations when making determinations about custody, support, and the fair division of assets.
Legal Context for Domestic Violence in Illinois
Under the Illinois Domestic Violence Act (750 ILCS 60) and the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), domestic violence is a key factor in divorce cases, especially those involving child custody and parenting time.
How Domestic Violence Affects Divorce:
- Child Custody and Parenting Time:
- Courts consider whether a parent’s history of abuse poses a risk to the child’s safety and well-being.
- Supervised visitation or limited parenting time may be ordered for the abusive parent.
- Orders of Protection:
- Victims can request protective orders to restrict the abusive spouse’s contact and access to shared spaces.
- Temporary orders can include provisions for child custody, financial support, and exclusive possession of the marital home.
- Property Division:
- While Illinois follows equitable distribution, domestic violence may influence the court’s decision, particularly if it affects the victim’s financial stability or health.
- Spousal and Child Support:
- Courts may order higher support payments to address the victim’s financial needs, especially if the abuse impacted their earning capacity.
Example Scenario:
A victim of domestic violence may receive full custody of their child and exclusive possession of the marital home, along with a protective order to ensure their safety.
Steps to Address Domestic Violence in a Divorce
- Seek Immediate Protection:
File for an order of protection to secure your safety and that of your children. - Document the Abuse:
Gather evidence, such as police reports, medical records, or witness testimony, to present in court. - File for Divorce:
Include domestic violence as a factor when filing your petition, particularly if it affects custody, support, or property division. - Request Temporary Orders:
Seek immediate relief for custody, financial support, or possession of the marital home during the divorce process. - Present Your Case in Court:
Work with your attorney to present evidence of abuse and advocate for fair resolutions.
How Attorneys Can Help
An experienced family law attorney can:
- Help you obtain protective orders and temporary relief.
- Advocate for custody arrangements that prioritize your child’s safety.
- Ensure property division and support decisions account for the impact of the abuse.
- Provide emotional and legal support throughout the divorce process.
Need Legal Assistance With a Divorce Involving Domestic Violence?
Call (630) 366-1760 to consult with a compassionate family law attorney. We’ll help protect your rights and ensure your safety during the divorce process.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
