When emotional abuse is part of a marriage, divorce can be more complex emotionally and legally. It is often the case that emotional or physical abuse is one of the primary reasons for the divorce and it can impact the case. If you were emotionally abused during your marriage, learn how this could affect your divorce, then speak to Keller Legal Services divorce lawyers in Aurora, Illinois, if you have legal questions.
Emotional abuse can encompass many behaviors in a marriage, including threats of violence, humiliation, controlling where you are, isolating you from family and friends, or following or recording you without your knowledge. The abuser’s purpose in these behaviors is to control you as much as possible. As a result, if you have been emotionally abused in your marriage, you could feel worthless, afraid, fearful, and helpless. Some common tactics of emotionally abusive spouses are:
Even after you leave your spouse and start divorce proceedings, emotionally abusive behavior can affect the divorce. It also can affect your children, including feelings of low self-esteem and depression. If you have been emotionally abused in your marriage, always remember that help is available. One resource is The National Domestic Violence Hotline at (800) 799-7233.
At one time, emotional abuse or mental cruelty was one of the only ways to divorce. However, California Governor Ronald Reagan signed a no-fault divorce law in 1969, which allowed either party to get divorced because of irreconcilable differences. Most states passed similar laws, including Illinois. In 2016, the state took another step and eliminated most evidence-based divorces. This included mental cruelty and emotional abuse. A no-fault divorce often moves the focus on the proceedings from which spouse did what to whom, to the children, which is usually for the best.
That is not to say that emotional abuse is irrelevant in Illinois divorces; it is. However, presenting evidence regarding emotional abuse is challenging in Illinois, so you should have a skilled Aurora, Illinois, divorce lawyer representing you.
Proving emotional abuse is no longer necessary to obtain a divorce in Illinois, and that is a good thing. However, emotional abuse can still impact divorce proceedings in the following ways:
If one spouse has been emotionally abusive to the other, it is relevant to how parenting time is established. Mistreatment in marriage is often verbal, but it also may be sexual or financial. If there was emotional or financial abuse, these could affect the children, and if proven, there can be restrictions on that parent’s visitation rights. These visitation restrictions may involve supervised visitation and a requirement for counseling for the abusive parent.
If the abusive parent and spouse changes their behavior, the judge could modify the visitation restrictions later. In addition, if a protective order was issued, this also could be modified.
Emotional abuse can also be relevant regarding property division in an Illinois divorce. A judge may or may not consider emotional abuse when it comes to finances, but it could be a factor in these areas:
The longer the union was, the stronger one person’s claim is for a preferred division of the marital property. For example, if the husband was verbally abusive and the wife leaves, this usually shortens the marriage, which could be a factor in property division.
Judges tend to uphold premarital agreements if both parties were treated fairly when the agreement was drafted. Making this decision in court usually focuses on whether both sides had an attorney representing them. If evidence surfaces that one spouse was emotionally abusive, it could affect how the court sees such an agreement.
Regular emotional abuse has a detrimental impact on one’s physical and mental health, and that can affect your ability to earn a living. If so, the judge could consider emotional abuse in how property is divided.
Emotional abuse is a significant factor in property division because Illinois has an equitable distribution standard in divorces. This means the marital property must be divided equally, but this does not necessarily mean equal.
Also, judges in Illinois tend to focus on the person’s ability to earn a living. So, if your attorney shows that emotional abuse affects your ability to earn an income in the future, you might be entitled to alimony to make up for the potentially lost income.
Emotional abuse can affect some divorce proceedings, but how does one prove it? The burden of proof in this situation is a preponderance of the evidence, which means more likely than not. Some evidence your attorney could rely on to prove emotional abuse include:
Many people could serve as reliable witnesses to possible emotional abuse in a marriage. These include teachers, physicians, neighbors, friends, daycare workers, and spouses. Of course, not every emotionally abusive statement that someone overhears is admissible in court, but some may be.
Another factor in witness statements is whether the person can provide testimony. For example, some witnesses to the alleged abuse may be biased because of the emotional connection to one of the spouses. In some cases, the witness will be allowed to testify and the jury must decide the weight to give to the allegation of emotional abuse.
Many divorces involving emotional abuse involve investigations by social services agencies in Illinois. A social worker must prepare a social services report about emotional abuse, and photographic evidence of emotional abuse, such as video, must be authenticated. This means the person who ran and maintained the video equipment has to testify that what was filmed accurately depicts what occurred.
Emotional abuse allegations can have a substantial impact on divorce proceedings. If you were abused during your marriage or are being so accused, our divorce attorneys in Aurora, Illinois at Keller Legal Services can help, so call us at (630) 505-1515.
