If you are trying to get a divorce from an abusive partner, that can affect the divorce proceedings in a few different ways. An accusation or charge of domestic violence can change certain parts of the negotiations and potentially make it more difficult to opt for alternative means of dispute resolution outside of litigation. A Tazewell County domestic violence lawyer can tell you more about what to expect.
What Can Be Considered Domestic Violence?
Most people think of physical abuse, like one spouse punching or pushing the other, when they think of domestic violence, but this is not the only thing that the law can consider to be domestic violence. Someone can be credibly accused of DV if they are emotionally abusive and make attempts to undermine their spouse and destroy their mental health. Financial abuse and isolating a spouse can also be considered domestic violence.
Can Domestic Violence Be Grounds for Divorce?
If your spouse is engaging in any of those behaviors, you may be ready to file for divorce. Do you have to mention the domestic violence when filing and use it as your grounds for divorce? Not in Illinois.
This state does not use any fault-based grounds for divorce. You can only divorce during irreconcilable differences. This can be preferable to many people because there is no burden of proof placed on the divorce filer. You do not have to prove any accusations of domestic violence or show up to court with a mountain of evidence supporting you.
Can Domestic Violence Affect Divorce Negotiations?
A past history of domestic violence can affect child custody negotiations, even if the abusive spouse never harmed the children or committed any violent acts in front of them. Someone accused of DV could have their visitation time with their children limited. They may have to opt for supervised sessions instead of being able to take their kids to their own homes.
In some cases, one spouse is traumatized due to the history of violence and unable to work due to mental health issues. This can sometimes result in the abusive spouse paying more in alimony, at least until their former spouse can more effectively support themselves.
Can I Get an Emergency Expedited Divorce?
It may also be possible to get an emergency expedited divorce if you are trying to get this over with as soon as possible. Your lawyer can help you file this kind of request if you need immediate assistance and protection from your spouse. You will need to show evidence and make a compelling reason why your divorce should be wrapped up as soon as possible.
Contact Our Law Firm
So if you are going through a divorce, make sure that you have someone who will advocate for you and fight for the best possible deal. Contact Butler, Giraudo & Meister, P.C to schedule a consultation and learn more about what our attorneys can do for you.
