How Does Domestic Violence Affect Divorce Proceedings in Illinois?

 Posted on March 09, 2026 in Domestic Violence

Domestic violence is very common. The National Domestic Violence Hotline reports that over one in three women and one in 10 men in the US have experienced rape, physical violence, and/or stalking by an intimate partner in their lifetime.

If you’re leaving a marriage that involves domestic violence, you’re likely wondering if your partner’s abuse will affect the divorce proceedings at all. You may want the court to formally recognize your spouse’s abuse through limited child custody. Or you may worry that your spouse will refuse to do things like pay child support as a way to punish you for leaving.

Our Rolling Meadows divorce attorney is here to help you understand how domestic violence might affect your 2026 divorce case and how you can leave the relationship safely. 

Can Domestic Violence Affect a Judge’s Decisions in Divorce Proceedings?

A judge is not allowed to directly punish a person during divorce proceedings for abuse of their spouse. Illinois laws don’t consider "marital misconduct" when doing things like dividing assets in a divorce. However, abusive behavior may overlap with other parts of the law that affect how a judge rules.

Illinois is an "equitable distribution" state. This means that marital property – the assets that the court considers both yours and your spouse's –  is divided fairly. This doesn’t always mean 50/50. Courts look at a list of things set out in 750 ILCS 5/503 when dividing property. While domestic violence is not listed as a direct factor in property division, it can influence the overall picture in several ways.

Dissipation of Assets

In abusive relationships, people often try to punish or control their partners with money. They may keep a tight leash on the finances, or damage or sell items that are valuable to their partner. A spouse who destroyed, wasted, or hid marital assets may be given a smaller portion of them during property division. The same is true of a spouse who spent down savings, sold property without consent, or ran up debt right before the divorce.

Support Payments

When it comes to spousal support (called maintenance in Illinois), courts consider the circumstances of each party. This includes any history of abuse. A spouse who was controlled or prevented from working during the marriage may have a strong claim for spousal maintenance while they work toward financial independence.

How Does Domestic Violence Affect Child Custody in Illinois?

This is often the most pressing concern for domestic violence survivors with children. In Illinois, courts determine allocation of parental responsibilities (also known as custody) based on the best interests of the child. Under 750 ILCS 5/602.7, one of the factors courts must consider is any history of abuse by a parent. It doesn't matter whether the abuse was directed at the child or at another household member.

Documented domestic violence can have a major effect on how parenting time and decision-making power are divided. A court may:

• Limit or supervise the abusive parent's parenting time
• Require exchanges of the child to take place at a neutral, supervised location
• Restrict the abusive parent's involvement in major decisions about the child's education, healthcare, or religion
• In serious cases, award sole decision-making authority and parenting time to the non-abusive parent

It is important to document incidents of abuse as thoroughly as possible. Police reports, medical records, photographs, text messages, and witness accounts can all support your case. Footage from security cameras or smart doorbells can also be incredibly valuable.

What Protections Are Available for Domestic Violence Victims During the Divorce Process?

You do not have to wait until your divorce is finalized to get protection from an abusive spouse. An Order of Protection can tell your spouse not to contact you, come near your home or workplace, or harass you in any way. Violating an Order of Protection is a criminal offense. Emergency orders can be granted the same day you apply.

During the divorce itself, you can also ask the court for temporary orders such as exclusive use of your home or temporary custody of children. If money is tight, the court can order your spouse to provide financial support during the divorce proceedings. These orders are meant to stabilize your situation until you can get a final ruling on your case from the court.

Orders of Protection Are Not Foolproof

Those who are thinking of leaving abusive partners need to be aware of the fact that some very dangerous people become more dangerous when their partner tries to leave them. Orders of Protection do not always keep these people from committing acts of violence. If you are worried your spouse may try to physically hurt you or your children if you leave the marriage, you should find a safe place to go before you take any legal action. 

Call a Cook County Divorce Attorney Today

Domestic violence makes divorce, an already difficult process, even harder. If you are or were experiencing abuse by your spouse, reach out to our Rolling Meadows divorce lawyer at The Law Offices of Curtis Bennett Ross, L.L.C. for help.

Attorney Ross has been helping Illinois families since 1984, bringing over 40 years of experience to every case. In addition to family law, he is a court-appointed guardian ad litem and so has experience with cases involving children. He also serves as a financial expert and receiver and can help you if your spouse is committing financial abuse.

Call The Law Offices of Curtis Bennett Ross, L.L.C. at 312-984-1514 today to schedule your free limited consultation.