Is Uncontested Divorce After Abuse Possible?

 Posted on February 09, 2024 in Domestic Violence / Orders of Protection

Trying to resolve your divorce out of court is rarely recommended if your spouse has abused you in any way. However, it is technically possible if you are both determined to make it work and your safety can be protected. Instead of using face-to-face mediation, attorney-led negotiation is usually the preferred strategy. Remember that if at any point, trying for an uncontested divorce begins to negatively affect your mental health, your children, or your physical safety, you have the right to immediately stop the process and elect to go to court. The type of abuse you experienced is also relevant in deciding whether to consider uncontested divorce as an option. A qualified Naperville, IL, divorce attorney can help you make this important decision. 

Preventing Further Abuse During Divorce

Nothing is more important than your safety and emotional well-being during your divorce process. Only in cases where the abused spouse can be well-guarded against any further attempt at abuse or manipulation should uncontested divorce even be considered as an option.

A verbally or emotionally abusive spouse can often be easily prevented from causing harm to you during this process by avoiding any direct contact. If you want to use a mediator, they can conduct virtual sessions that do not involve contact between you and your spouse. The mediator would instead speak to you and your spouse separately.

If your spouse was financially abusive - for example, if they denied you access to marital funds, took out credit in your name without your consent, or controlled your earnings - there are steps an attorney can take to safeguard you during the process. When we are aware of financial abuse, any financial demands or claims will be looked upon with great scrutiny.

However, if your spouse was physically abusive, attempting an out-of-court resolution could put you in danger of further abuse. Even with a protection order in place, violent abusers can be unpredictable and may try to hurt you if they are unhappy with your reasonable expectations. Even if your spouse is currently incarcerated for domestic violence or a related offense, there is still a chance they could be released and seek to harm you. However, getting divorced through litigation might do very little to mitigate this risk. If you are pursuing a divorce after domestic violence, it is extremely important to follow all recommended precautions, which may include moving to a confidential new address. 

Contact a DuPage County, IL, Divorce Lawyer 

Calabrese Associates, P.C. is committed to helping survivors of spousal abuse get divorced safely. Our experienced team of Naperville, IL, divorce attorneys will do all we can to keep you safe and ensure that you are treated fairly during your divorce. Contact us at 630-393-3111 to arrange your initial consultation.