Just imagine that you have been married for twenty years and, during this time, you’ve lived a good life with your spouse in Barrington Hills.
Or, at least, that’s what it looks like on the surface.
Right underneath this surface, though, the unfortunate truth is that you’ve been dealing with physical abuse for quite some time, and now that the New Year is here, you want out.
You want out, and you want what you are entitled to: the assets, property, and financial support that you deserve after putting up with tension and abuse for far too long.
Going over what you can do to obtain what you are entitled to and speaking with a Barrington Hills family law attorney at Glasgow & Olsson will allow you to start off your New Year with the divorce you need.
Can You Divorce Your Spouse If They Have Been Physically Abusive To You?
The answer to this question is “Yes.” But not necessarily for the reasons you might assume.
You see, the state of Illinois relies on a “no-fault” divorce model. And what this means is that, provided certain conditions are met – a period of separation, primarily – a couple can state that their marriage has “irreconcilable differences” and, in stating such a thing, obtain a divorce.
Given the basic facts outlined above, physical abuse is unlikely to play any notable part in allowing you to obtain a divorce in Illinois.
Even though the above is true, it is very likely that, with the help of an attorney, physical abuse will play a significant part in the other factors that pertain to your divorce, such as child custody, visitation, and even alimony.
If Your Spouse Has Been Physically Abusive, How Does This Affect The Terms Of Your Divorce?
Physical abuse – and, for that matter, any other form of abuse – can, and often does, greatly affect child custody, visitation, child support, alimony, and property division, among other post-divorce components.
Just as an example, if you share children with your spouse, then it is very likely that you will obtain a child custody arrangement that favors you, as it would be unhealthy for your children to be around an abusive individual.
The same notion outlined above pertains to child support: you will receive a greater sum for child support, as your children will be living with you more often than your former spouse.
On the other hand, if you don’t have children – or, if you do, but they are already grown – you can make the argument that an “equitable distribution” – a fair distribution, if not an equal one – of your marital property involves you being given more than your spouse, due to the abuse you suffered through for far too long.
The same notion outlined above can, much like child support, also affect alimony and other related arrangements.
Outside of the above, if the abuse is especially significant, you can pursue legal action – criminal charges, for example – which can also affect things like child support, alimony, and property division.
Get Qualified Legal Help Today
If you would like to obtain a divorce in Illinois, then Glasgow & Olsson is uniquely qualified to assist you.
When you need an attorney, experience matters.
Speak with one of our Barrington Hills, IL, divorce attorneys at Glasgow & Olsson today, and we will help you obtain the best possible divorce outcome.