Does Domestic Violence Impact Divorce and Child Custody in Illinois?

 Posted on October 29, 2024 in Family Law

Domestic violence can have a significant impact on divorce issues, including the allocation of parental responsibilities and parenting time. Since Illinois is a no-fault state, this can be one small benefit for those who have suffered domestic violence during their marriages. This umbrella term covers virtually any reason for a divorce, saving domestic violence victims from having to speak about domestic violence in court – in front of their abusers.

Domestic violence can occur between married couples, dating couples, couples who were once married or dating, parents, stepparents, children, siblings, stepsiblings, individuals who have a child or children together, and individuals who are sharing a home or once shared a home. Divorce would only include married couples, while parenting time issues could include unmarried parents as well.

If you are a victim of domestic abuse, you need a divorce attorney who is highly skilled in navigating the additional challenges associated with domestic violence. Having an experienced Naperville, IL divorce attorney from Mevorah & Giglio Law Offices can help ensure you are fully protected during the process.

How Could Domestic Violence Affect My Illinois Asset Division During the Divorce?

Since Illinois is an equitable distribution state, all marital assets will be divided fairly, although not necessarily equally. Instead of the 50/50 split in community property states, marital assets in equitable distribution states are divided according to the circumstances and the needs of those involved.

Bad behavior – including domestic violence - is generally not a consideration when dividing assets in the state. That being said, if one spouse was so abusive and controlling that he or she would not allow the spouse to work outside the home, the judge may award the spouse who was the victim of that abuse a larger share of the marital assets.

Will Domestic Violence Affect Spousal Support During a Divorce?

In the same way that domestic violence could potentially have an effect on the division of marital assets, spousal support has similar parameters. That means that since spousal support is not meant to be a punishment, the presence of domestic abuse in a marriage does not automatically guarantee an award of spousal support. However, if the abuse caused the abused spouse to be unable to work or affected his or her ability to contribute financially and become self-supporting in the marriage, spousal support could be awarded.   

How Will Domestic Violence Factor into the Allocation of Parental Responsibilities?

A history of domestic violence can convince a judge that the abusive partner is not a safe person to be around his or her child. The court could also determine that parenting time will be supervised. The best interests of the child will always be the overriding determinant of parenting time, so if the abusive spouse lies about the history of domestic violence and it is proven in court, the judge will not look favorably on that spouse when determining parental responsibilities and parenting time.

If domestic abuse is well-documented and pervasive, the court may prevent the abusive parent from having any contact with the child. This does not mean that the abusive parent would not be financially responsible for the child. The issue of parenting time could be revisited later on.

Is an Order of Protection in Place?

Before filing for divorce or during the divorce proceedings, victims of domestic violence can get an order of protection. An order of protection can help protect victims of domestic violence before the divorce is filed, during the divorce, and after the divorce.

Please note that protective orders do not always stop violence and, in some situations, can actually increase the danger to the victim. If you fear for your life or your child’s life, do not rely exclusively on a protective order, and always contact the police if you feel you are in imminent danger.

Contact a DuPage County, IL Divorce Lawyer

When you have an experienced Bloomingdale, IL divorce lawyer from Mevorah & Giglio Law Offices by your side, you can expect your domestic violence issues to be handled in the most sensitive manner possible. We are a large law firm with over 175 years of combined attorney experience and are a highly client-focused firm. Call 630-932-9100 to schedule your free consultation.