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How Do I Safely Divorce an Abusive Spouse in Illinois?

 Posted on March 19,2024 in Illinois Divorce

St. Charles, IL divorce lawyerMaking the decision to get out of an abusive marriage can be overwhelming, and the safety of yourself and your children must be top priority. While it may seem impossible to untangle your life from your abusive spouse, it is possible to file a divorce and end your marriage, regardless of your spouse’s actions. An experienced Illinois divorce lawyer can help you navigate this process and explain your options for divorce.

Obtaining an Illinois Order of Protection

The first step in divorcing a dangerous spouse is ensuring that you and your children are in a safe space where you can pursue the divorce proceedings. In cases where there is emotional, physical, or sexual violence, you may be able to file for an Illinois Order of Protection.

You can receive a temporary Order of Protection almost immediately in the majority of cases, though you will need to attend a court hearing to extend this order or make it permanent. To increase your chances of a long-term Order of Protection being granted, begin documenting all of the abuse and violence of your spouse that you can to back up your claim.

Examples of evidence that can be incredibly helpful in court include pictures, threatening emails or text messages, police reports, and medical records.

Pursuing Your Illinois Divorce

Once you have made sure that you are safe from your spouse, you can begin the process of divorce. An Illinois lawyer can help you navigate through this, and it is important to keep in mind that Illinois is a no-fault divorce state. This means that you will need to show to the court that the following three items apply to your situation:

  • Irreconcilable differences are causing your marriage to fall apart or be unsustainable

  • You are not able to reconcile your marriage and you have proof that you have tried to reconcile without any success

  • The continuation of your marriage is not in the best interest of any member of the family

Most of the time, courts will take abusive relationships and a history of domestic violence into account when reviewing divorce proceedings and making decisions about child custody, visitation, and parental responsibilities.

Contact a St. Charles, IL Divorce Lawyer

If you are considering divorcing your abusive spouse in Illinois, your first step should be to seek an Order of Protection and the counsel of an experienced Kane County, IL divorce attorney. At Weiler & Associates, Inc., our attorneys have significant experience in Illinois divorce law, and we can help you navigate your options to make your Illinois divorce as safe as possible.

Call 630-331-9110 for a consultation.

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