How Does an Emotionally Abusive Spouse Affect the Divorce Process? 

 Posted on September 07, 2023 in Divorce

Like any form of mistreatment, emotional abuse is devastating. As with physical abuse, this behavior should be taken seriously by those who encounter it and a victim of abuse should seek help when necessary.

If you are going through a divorce, you might be wondering how your emotionally abusive partner will affect your case. The answer to this question is not simple. But, this is not a reason for despair. An Illinois family lawyer can assist you. Here at Fawell & Fawell, we are here to help you navigate your journey and will do the best we can to help.

What is Considered Emotional Abuse? 

It is important to define what exactly constitutes emotional abuse. In general, when people speak of an emotionally abusive spouse, they are describing a person who is attempting to control them in many areas of life. Here are a few examples:

• Spouses may control their partner’s movements, including where they go and with whom they spend time with. They may forbid their partner to interact with a certain person or specific groups of people. 

• A partner may be verbally hostile. This form of abuse can be manifested through physical or emotional threats.

• An abusive spouse may state falsehoods or rumors which can be highly damaging to the victim. 

How Does Abuse Affect a Divorce Case?

In determining the outcome of the case, there are several important areas that could be affected by the presence of emotional abuse. These include: 

• Asset Division: Often, emotional abuse involves financial abuse. If one spouse has had to suffer financially because of their spouse’s misbehavior, this might be addressed during asset division. For example, if one spouse destroyed another spouse’s belongings, the value of those belongings may be compensated in the divorce settlement. 

• Parenting Time: People who are emotionally abusive can affect children in a highly negative manner. To protect children, emotionally abusive partners may see their parenting rights affected. For example, their right to spend time with their children can be reduced or eliminated altogether. They may also have supervised visits with their children or be ordered to attend counseling. 

• Spousal support: A court may look to see if a spouse worked significantly less or not at all due to emotional abuse. If this is the case, then the abused spouse may be awarded a greater amount of spousal support for a longer period. 

Schedule a Meeting with a Wheaton, IL Family Law Attorney

When there is an emotionally abusive spouse, there are many factors that a judge can consider in determining the outcome of a case. This is especially true if one has children. If you are considering a divorce from an emotionally abusive spouse, it is important that you know your legal rights and responsibilities. We advise you to contact our DuPage County, IL family law attorney at [title]]. You can contact us online or at 630-871-2400 for a free consultation. With personalized advice tailored to your situation, we can make a real difference in your case.