Are Divorces Easier with a History of Domestic Violence?

 Posted on September 19, 2023 in Divorce

Kane County divorce lawyersYou may believe that getting a divorce should be straightforward if you are in an abusive relationship and want to break free. In Illinois, one out of every three women is in an abusive relationship, including physical harm to emotional abuse. Unfortunately, getting a divorce in Illinois is not necessarily easier if there is a history of domestic violence. However, the presence of domestic abuse can significantly influence other aspects of the divorce process, especially child custody. Only an experienced Illinois attorney can help you understand the process.

What is a No-Fault Divorce?

Illinois follows a no-fault divorce system, which means neither spouse can blame the other for calling it quits. Factors like physical or mental cruelty, adultery, or even issues like alcohol abuse can no longer be used as reasons to seek a divorce. In order to file for a no-fault divorce in Illinois, you will need to demonstrate these three key elements:

  • Irreconcilable Differences – You must show that these differences are the primary cause of your marriage breaking down.
  • Failed Reconciliation Efforts – You should be able to provide evidence that you have tried to work on your marriage without success.
  • Not in the Family's Best Interests – You must show that continuing the marriage is not in the best interests of your family.

Courts do prioritize the safety and well-being of individuals involved, particularly children, when there is a history of domestic violence. In such cases, orders of protection may be put in place, and the court may take extra precautions to ensure the safety of the abused spouse and children when making custody and visitation decisions.

How Can I Get an Order of Protection?

Physical harm like punching and hitting is not okay. If you or your kids are in immediate danger, you should quickly file for an Order of Protection. In Illinois, you can usually get a temporary Order of Protection right away. But to make it permanent, you will need to attend a hearing.

You cannot simply claim domestic violence. You must be able to prove the abuse during divorce proceedings. It is imperative that you gather and preserve evidence to support your allegations. Photos, police reports, medical records, emails, texts, and videos will help establish the abuse and help paint a picture in court.

Schedule a free consultation with a Kane County Domestic Violence Family Lawyer

If you are suffering domestic violence and want to get a divorce, Shaw Sanders, P.C. is here to try to help. We have represented spouses in multiple types of complex divorce cases, and we work to ensure that our client's interests are protected. A skilled St. Charles, IL, domestic violence divorce attorney can help guide you during this difficult time. To learn more about your divorce options, call 630-584-5550 for a free consultation. 

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