Just imagine this: you’re living with your spouse in a nice home in Barrington Hills. You’ve been living there for a little over a decade, and, on the surface, life is great: you have money, friends, and hobbies.
Right underneath this pleasant facade, though, there’s an uncomfortable truth: you are very unhappy, and the reason you are very unhappy is that you’ve been dealing with the emotional abuse your spouse has directed at you for the better part of a decade.
You are choosing to seek a divorce. But, you do not want to give up the lifestyle you have earned as a result of marrying your spouse and putting up with them for so long.
Going over what you can do to divorce your spouse and maintain your lifestyle while speaking with a Barrington Hills family law attorney at Glasgow & Olsson will allow you to obtain the best possible outcome.
Is Emotional Abuse Grounds For Divorce?
The answer to the question outlined above is “No.”
Rather, emotional abuse is no longer considered grounds for divorce, and, in fact, there are no longer any grounds for divorce within the state of Illinois.
Someone who chooses to divorce their spouse, as a result of this, will have no issues obtaining a divorce since Illinois now relies on the no-fault system of divorce.
Even though the above is true, this does not mean that you cannot use the facts of your emotional abuse to obtain a more just – and, naturally, desirable – outcome regarding the division of your and your spouse’s assets.
How Can Emotional Abuse Affect Property Division?
Right away, the first thing to know is that the state of Illinois practices “equitable distribution.” What this means is that when two spouses divorce, the assets they share will be divided in a manner that is considered fair.
Contrary to what the term might evoke, “fair” does not mean “equal.” Rather, fair refers to a distribution that is aligned with the effort and acts that each spouse puts into the marriage.
If a spouse was emotionally abusive, and this can be proven, then it is not unlikely that the court will award the abused spouse a greater number of marital assets than the other spouse.
Some of the most notable reasons for the above are as follows:
- If the spouse raised their children and dealt with abuse, that can make them entitled to more assets.
- Emotional abuse can affect a spouse’s ability to earn money.
- If a prenup was signed while under duress, caused by emotional abuse, that can invalidate it.
- A long marriage that ended due to emotional abuse can make the abused spouse entitled to more assets.
A wide variety of other reasons can, and often will, be used to support property division of this sort.
No matter what, though, the essence is the same: if you were emotionally abused, then you can, and should, demonstrate this fact so that you can obtain the marital assets you are entitled to.
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 divorce lawyers at Glasgow & Olsson today, and we will help you obtain the best possible divorce outcome.