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Divorcing an Abusive Spouse Over Age 50

 Posted on November 11, 2022 in Divorce

DuPage County divorce lawyerWhen we think about domestic violence, a couple in their 20s or 30s may come to mind. However, statistics show that, sadly, domestic violence is common in older couples as well. People in an abusive marriage may be less likely to leave the relationship once they are past a certain age. They may worry about how to make ends meet financially without their spouse – especially if they have been a homemaker or stay-at-home parent for many years. Older spouses may also hesitate to leave an abusive marriage because they fear retaliation or are too ashamed to get help.

If you are interested in divorcing a spouse who has abused you, threatened you, harassed you, financially exploited you, or otherwise mistreated you, you are not alone and there are resources available to help you end the marriage.

Emergency Protection Orders in Illinois

In Illinois, emergency orders of protection (EOPs) are granted to individuals who are at risk of abuse or injury at the hands of a romantic partner, family member, or household member. These orders are available on an emergency “per se” basis. If you get an EOP, your spouse does not have to be present. The court will grant the protection order based on your testimony alone.

An EOP is a very useful legal tool because it serves as an official record of your spouse’s abusive behavior. EOP provisions vary but most orders require the abuse to vacate the shared home, stay a certain distance away, and refrain from calling, texting, or otherwise communicating with the person seeking protection. If your spouse ignores these directives, you can call the police and have the EOP enforced. Violating a protection order is a criminal offense and your spouse risks immediate arrest.

Financial Support During and After the Divorce

No one should ever stay in an abusive marriage because they are worried about money. If you make significantly less than your spouse, you may be entitled to spousal support (alimony) both during the divorce proceedings and after the divorce case is finalized. It is also important to note that you have a right to an equitable share of the marital estate. Even if your spouse was the breadwinner, you are still entitled to a portion of the marital assets, including bank accounts, retirement benefits, and real estate.

Contact our DuPage County Divorce Lawyer

At Divorce Over 50 - Goostree Law Group, we know that getting divorced later in life is complicated. Our knowledgeable Wheaton divorce attorneys can help you petition the court for an order of protection, temporary spousal maintenance, and other divorce issues. Call our office at 630-634-5050 and set up a free, confidential consultation.



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