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Frequently Asked Questions on Divorce in Illinois
This web page includes some of the statutes that govern divorce
in Illinois. Victims face an increased risk of abuse when they
attempt to leave the Abuser, so safety concerns should be taken
seriously. An Order of Protection should be sought if you are fearful of your partner.
A Legal Advocate at a Domestic Violence program may be able to help you with an Order of
Protection, or contact an Attorney.
To contact a Domestic Violence program near
you, click here
For assistance in finding an Illinois
attorney, go to the "Do You Need Legal Help" section of this
website.
Click here to read some of the actual Illinois Divorce Laws.
Frequently Asked Questions on Divorce in Illinois:
Is Divorce a Dangerous Time for Victims?
Do Abusers Use Divorce Proceedings to Continue Harassing/Abusing Victims?
What Should an Attorney be Aware of if the
Client is a DV Victim?
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Is Divorce a Dangerous Time for Victims?
There is an increased risk of abuse for Victims during a separation or
divorce. Abusers realize they are losing control of the Victim so they may
react by creating a honeymoon period to encourage the Victim to reunite.
If the Victim fails to return, the Abuser's desire to maintain control
over the Victim can cause an escalation of the violence. Victims should be
alerted to this increased likelihood of violence during this period.
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Do Abusers Use Divorce Proceedings to Continue Harassing/Abusing Victims?
Many Abusers become very difficult during any divorce/custody negotiations
because their usual pattern of controlling the victim is threatened. This can
result in divorce cases taking longer in the Court system because the Abuser
is attempting to use the Court system to punish the Victim for leaving the
relationship.
Mediation between parents of divorce/custody issues is not in the best
interest of Victims if the Victim thinks the Abuser will not discuss legal
issues in an equal and cooperative manner. Also, Mediation is not a good
option if the Victim does not feel comfortable in discussing the child's
needs in front of the Abuser without fear of retribution later.
Click here to read more about Mediation and Domestic Violence.
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What Attorney Should Be Aware of if the Client is a DV Victim?
Attorneys representing Victims need to be aware of the danger of violence
during separation and divorce. It is important for Attorneys to help provide
safety to their clients through Orders of Protection, referrals to Domestic
Violence programs, and other safety planning. An Attorney should also
immediately attempt to seek economic security for the victim, so that the
Victim does not have to return to an abusive situation because of no other
option.
Click here to read "What Attorneys Should Know To Work More Successfully with
Domestic Violence Victims."
Click here to read "Victims of Domestic Violence Working Successfully
with Attorneys."
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