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What You Should Know About Divorcing an Abusive Spouse in Illinois

Posted on in Divorce

Western Springs divorce attorney order of protection

The National Coalition Against Domestic Violence (NCADV) estimates that one in every four women and one in every nine men have suffered from intimate partner violence or stalking. Domestic violence includes physical abuse, such as hitting and kicking, as well as sexual abuse, psychological abuse, financial abuse, and more. If you are considering divorce, and your spouse has harmed you or used psychological manipulation to control you, you probably have many concerns. Divorcing an abusive or deceitful spouse is often more complex and emotionally taxing than a divorce not involving this type of mistreatment. Fortunately, you do not have to face the divorce process alone. If you are planning to leave an abusive spouse, a divorce attorney experienced in managing cases involving domestic violence can be an essential source of legal guidance and support.

Illinois Protective Orders

When any victim of domestic violence attempts to leave his or her abuser, the abuser may escalate his or her aggressive behavior. If you are worried that your spouse may try to harm you, your children, your pets, or your property, you may want to consider obtaining an order of protection. Also called restraining orders, protective orders are legally binding court orders that prohibit a person from contacting or coming within a certain distance of the person who requested the order, called the petitioner. An Emergency Order of Protection can be obtained based on the petitioner's testimony alone, and it will go into effect as soon as the judge approves it. If the subject of a protection order violates any of the directions contained in the order, he or she may face arrest and criminal consequences.

Gather Financial Information and Other Important Documentation

Many abusive spouses use money to control their victims. If you have not been very involved in your household's financial decisions, you may want to start gathering and copying financial documents now. It is possible that your spouse will try to lie about his or her financial resources in order to manipulate the divorce settlement in his or her favor. It may also be a good idea to find essential documents such as your birth certificate and social security card. Some vengeful spouses destroy or hide important documents such as these in order to slow down the divorce process.

Contact an Oak Brook Divorce Lawyer

If you are considering divorcing a spouse who has abused or mistreated you, contact Botti Marinaccio, LTD. for guidance throughout the legal proceedings. We can assist you in obtaining an order of protection, filing for divorce, addressing custody of your children, and seeking your fair share of the marital estate. Schedule a confidential consultation with an accomplished and compassionate Cook County order of protection attorney from our firm by calling us today at 630-575-8585.



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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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