How to Divorce an Abusive Wife

 Posted on October 07, 2022 in Domestic Violence

Kane County divorce lawyerAlthough women are statistically more likely to be abuse victims than perpetrators, women are just as capable of inflicting physical, mental, emotional, and psychological abuse as men. Sometimes, a woman in a same-sex relationship abuses her female partner. In other cases, the victim of the abuse is a woman’s boyfriend or husband. Although it is not talked about as frequently as other types of abuse, physical abuse against men is not uncommon. Approximately one out of every seven men has been the victim of intimate partner violence.

If you are ready to leave your abusive wife and get a divorce, you may understandably feel uncertain about the road ahead. Leaving an abusive spouse is not easy, regardless of the perpetrator’s gender. Read on to learn about your legal options in a situation like this.

Get an Order of Protection

Illinois laws protect all victims of domestic violence. If your wife has physically injured you, threatened you, or harassed you, do not wait for the situation to escalate before taking action. You can request an Emergency Order of Protection at your local county courthouse based on your testimony alone. Your wife’s presence is not required.

An Emergency Order of Protection (EOP) may contain many different types of provisions and can be customized based on your needs. Most protection orders require the abusive person to stay a certain distance away from the victim and refrain from texting or calling the victim. An EOP may also extend to the victim’s children. If the abuser violates any of the provisions contained within the EOP, you can call the police and have him or her immediately arrested.

An EOP may be a crucial piece of evidence in your divorce case as it acts as an official record of the perpetrator’s abusive or harassing behavior.

Protect Yourself Legally and Financially  

Abusive partners are usually less than cooperative during the divorce process. They neglect paperwork, fail to show up for court dates, or lie on their income disclosure form. Some go so far as to hide assets or intentionally destroy property. They may spread lies about the other spouse or try to manipulate child custody matters.

If you are divorcing an abusive wife, make sure to work with an attorney who has experience in both divorce and domestic violence matters. Your lawyer can help you take the steps needed to protect yourself, your children, and your finances.

Contact a Kane County Divorce Lawyer

Our St. Charles divorce attorneys understand that divorcing an abusive spouse is complex emotionally, financially, and legally. We have the legal knowledge and experience you need during a time like this. Call Goostree Law Group at 630-584-4800 for a free consultation.



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