How Domestic Violence Affects Spousal Support And Child Custody In Illinois

As an experienced Skokie divorce attorney, I have been witness to how domestic violence significantly changes the character of divorce proceedings, especially in terms of spousal support and child custody. In Illinois, some legal consequences should be distinguished as important for such difficult situations.

Domestic Violence And Its Consequences On Spousal Support In Illinois

Of these, perhaps domestic violence has the most significant effect on the issue of spousal support, known in some jurisdictions as maintenance in Illinois. The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/504, indicates that the applicable amount and length of time for spousal support are discretionary upon the court, and any abuse from one spouse towards the other must be considered. The law acknowledges that due to such acts of abuse, a spouse’s economic independence could be seriously impaired.

If you are a victim, the court may consider granting you increased and/or lengthier duration of spousal support for any detriments caused by the abuse. For instance, this can be in those instances where your working potential has been limited in any way because of injury and when your partner may have compromised your career development.

Effect On Child Custody

In issues of child custody the terminology being under Illinois law, it is the allocation of parental responsibilities, 750 ILCS 5/602.7, the safety and welfare of the child are of utmost importance. Evidence of past abuse by a parent against the child or the other parent is evidence, according to the court, explicitly considered against the abuser in granting custody or major decision-making responsibilities.

In cases of domestic violence, the court is ever more vigilant to ensure that contact with the abusive parent presents no risk to the life of the child, whether this be in the realms of their physical, mental, emotional, or moral well-being. This can take the form of supervised visitation or, in worse cases, an outright denial of parental responsibility.

Protective Measures And Legal Safeguards

The State of Illinois provides mechanisms to protect victims of domestic violence during the divorce process. This includes an order of protection that will limit access by the abuser to the victim and the children. These orders may ensure temporary financial support and temporary arrangements for custody while pending the decision on divorce.

Domestic Violence Frequently Asked Questions

How Does Domestic Violence Impact Divorce Settlements In The State Of Illinois?

Domestic violence may influence divorce judgments regarding spousal support and division of marital property. Abuse can be a factor that the court considers while evaluating the various contributions of each spouse to the marriage and their comparative economic condition.

Can allegations of domestic violence affect the division of property?

Yes, allegations of domestic violence may bear on the issue of property division if the acts of domestic violence had economic implications on the marital estate. For example, if the abuse resulted in medical bills or loss of a job, then the court may consider such factors in dividing the property.

Contact Our Divorce Attorneys For Exceptional Legal Help

If you or someone close to you is going through a divorce under conditions that include domestic violence, you require a level of legal representation that not only knows the law inside and out but will do everything possible to ensure your protection. At Gordon & Perlut, LLC, we have a long history of providing this level of service in handling sensitive and complex cases. Contact our Skokie divorce attorneys at Gordon & Perlut, LLC by calling either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a consultation. We service the Chicago area, providing the help and guidance a person needs when going through a divorce, and we make sure one’s rights and safety are protected. Let us help you make informed decisions that will safeguard your future and that of your children.