Living with a spouse who is abusive or controlling is a terrible situation that no one should have to put up with. Divorce may be the best way out of this toxic environment, but unfortunately, an abusive spouse can also make the divorce process much more difficult. You will need to take special care to protect yourself, along with your children and your financial interests. The best way to do so is to work with an experienced attorney who can stand up for you throughout the process.
At Reifman Law Offices, we have served Illinois divorce clients for almost 20 years, and we understand the difficult obstacles that you may face in your efforts to get a divorce from an abusive or controlling spouse. We will handle your case with compassion and serve as an intermediary to help you stay protected from your spouse, and we will take a strong legal approach to help you achieve the outcome you need and ensure that the court is aware of your spouse’s behavior.
If your spouse has abused you or your children in the past and you fear that further abuse is likely, you can seek protection by petitioning for a temporary restraining order or injunction after filing for divorce. This order can provide relief in a variety of forms, including by prohibiting your spouse from physically striking or restraining you or your child, preventing your spouse from coming near you or your place of work, and granting you temporary exclusive possession of your home. These temporary protective measures can remain in effect throughout the divorce process.
You may also want to take additional steps to petition for an order of protection. An order of protection can provide many of the same types of relief as a temporary restraining order, but it can take effect immediately on an emergency basis if there is an imminent risk of harm to you or your child. In some cases, an order of protection can be granted for up to two years, which may provide you with protection beyond the date of your divorce resolution.
A controlling spouse may also try to restrict your access to marital assets, perhaps by fully controlling your bank accounts. This can make it difficult for you to provide for yourself while your divorce is pending, or to afford legal representation to help you protect your interests. You can counter this controlling behavior by petitioning for an injunction that prevents your spouse from hiding, encumbering, or disposing of property or assets. You can also petition for temporary spousal support and child support by demonstrating that you lack the resources to provide for your needs and your children’s needs on your own.
Some spouses are able to resolve their divorce issues through amicable negotiations or mediation, but when one of the spouses is abusive or controlling, this will not be possible. In fact, trying to negotiate with an abusive spouse can expose you to harm, and your spouse will likely try to manipulate negotiations to their advantage. You will almost certainly be better served by hiring an attorney and pursuing the route of litigation.
In a litigated divorce, we will represent you in all proceedings, including any necessary meetings with your spouse’s attorney. This protects you from having to meet with your spouse face-to-face. During the discovery period before your divorce trial, we can take steps to ensure that your spouse provides all the financial information you need in order to pursue a fair outcome. We will also represent you in court, helping you present evidence of your spouse’s abusive and controlling behavior to ensure that the court considers it when making decisions regarding temporary relief and the allocation of parental responsibilities.
We assist individuals and families in Cook, Lake, and DuPage counties.
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