Domestic Violence and Divorce Settlements in Lake County, Illinois
Divorce is already one of life’s most emotionally draining experiences. But when domestic violence is involved, it can quickly turn into a matter of safety—and urgency. Whether domestic abuse leads to the decision to divorce or escalates because of it, it has a powerful effect on how the divorce unfolds, particularly in areas like child custody and property division.
Lake County family law attorney, Alan Lenczycki, shares what you need to know if you or someone you care about is facing divorce in the context of domestic violence.
Your First Step: Protect Yourself
If you’re in an abusive marriage, your safety—and that of your children—comes first. One of the most important legal tools at your disposal is an Order of Protection. This court-issued order can:
Force your spouse to leave the home,
Ban all physical and electronic contact, and
Require them to pay child support.
Initially, you can request an emergency order at the Lake County Courthouse or through an attorney that goes into effect immediately and lasts up to 21 days. This gives you breathing room while the court reviews your case and decides whether a long-term protection order is necessary.
Domestic Violence and Parenting Rights
Normally, Illinois courts assume that both parents should have time with their children. But that assumption changes quickly when domestic violence is a factor.
If a judge believes that one parent poses a risk to the child’s wellbeing, they may:
Limit parenting time,
Order supervised visits,
Allow only electronic communication, or in serious cases,
In short, domestic violence can dramatically limit or even eliminate an abusive parent's ability to maintain a relationship with their children.
How Abuse Can Affect Property Division
Property division might not be the first thing on your mind in a domestic violence situation, but it’s an important part of the divorce process.
Illinois law doesn’t explicitly list domestic violence as a factor in dividing assets. However, when negotiations break down—especially if there’s an order of protection in place—the court will step in and make those decisions.
If the court is on the fence about who should get what, a history of abuse may tip the scales in the victim’s favor.
You're Not Alone—The Grayslake law firm of AKL Legal can help you!
Divorcing an abusive partner is more than just a legal battle; it’s a major step toward reclaiming your life. At the AKL Legal, LLC we understand the complexities of divorces involving domestic violence. We’re here to protect your rights—and your future.
Call us today at 847-262-9888 for a free consultation. You don’t have to face this alone.
