Domestic Violence and Orders of Protection

When there is abuse in a relationship, it greatly affects the overall tone of the case, and especially custody results. Depending on the level of abuse, a victim may need to ask for an Order of Protection, restraining the abuser from being able to continue his/her conduct. Orders of protection can result in restrictions that endure up to two years. When appropriate, victims can seek and receive exclusive possession of a residence. On the other hand, some people inappropriately manipulate this procedure to gain legal advantage, causing the abuser to need savvy and prompt assistance in defense of a false or exaggerated claim. It is very important if domestic abuse is a factor in your situation to keep very careful documentation of the circumstances. These matters are often resolved in favor of the more prepared and believable person. It is imperative you seek advice as soon as possible.

This area of the law is extremely overlooked and neglected. Anytime a divorce concludes with ongoing business between the former spouses, either in the form of child support, maintenance or other ongoing experiences, there is a high chance that those matters will have to be re-addressed. What most people do not realize is that for a court or anyone to protect you, they can only do so prospectively from the time of a formal legal request. It is imperative that there be good recordkeeping and diligent follow through; otherwise, your chances of securing a just result diminish significantly. We pride ourselves on advising clients in the area of post-divorce custody and financial situations. We believe strongly that more attention needs to be paid to these matters and that people in these situations often are treated with less diligence than others. We invite any and all inquiries into these matters.

Myths:

I have to be separated from my spouse for 6 months or 2 years.

There are legal separation periods required for Illinois divorces. However, many people misunderstand them. If a divorce is based on reasons other than for irreconcilable differences (e.g., infidelity or cruelty), there usually are no required separation periods. The separation period applies to the time by which the divorce is ENDED not begun. Additionally, even if you are living in the same home together, you may be legally separated. Bottom line is that the separation period should not be the reason for delay.

I have to time the divorce perfectly

There is no such thing. We will help you with pre-filing considerations. It is important that you are prepared for the ups and downs of a divorce process.  Preparation is what makes the timing right.

I have to pay for wrongdoing.

Illinois is a no fault state. That means that Illinois divorce laws do not reward or punish good or bad behavior in a marriage. There are some behaviors that have financial or custody linked consequences, but the justification for the consequences has nothing to do with fault.

I will win/lose my divorce case.

The truth is that divorce cannot be as easy as winning or losing. Divorce judges have great discretion. The difference in a divorce case’s outcome has more to do with realistic expectations and legal strategy than with notions of right and wrong or win and lose.