How Will Allegations of Domestic Violence Impact My Divorce?

 Posted on June 11, 2025 in Domestic Violence

Every nine seconds in the United States, a woman is assaulted or beaten; one in three women has been physically abused by an intimate partner. Overall, 20 people are physically abused by an intimate partner every minute. Domestic violence is widespread, and while nobody would defend domestic violence, there are occasions when allegations of domestic violence are made during a divorce for a very specific reason.

Since domestic violence can potentially affect the outcome of a divorce, specifically involving the allocation of parental responsibilities and parenting time, false allegations are sometimes made during the divorce. Despite the fact that Illinois is a no-fault divorce state, domestic violence allegations or a conviction for the offense can impact a divorce.

If you are facing allegations of domestic violence, and you fear your divorce could be impacted, it can be beneficial to speak to an experienced Wheaton, IL divorce lawyer. Your attorney can help you determine whether the allegations of domestic abuse will affect your marital asset division or allocation of parental responsibilities and, if so, how to combat the allegations.  

Do Allegations of Domestic Violence Affect the Division of Marital Assets?

The state of Illinois is an equitable distribution state rather than a community property state. In community property states, all marital assets are divided down the middle, regardless of any extenuating circumstances. In equitable distribution states, marital assets are divided fairly rather than equally.

Since Illinois is a no-fault state, the judge is not allowed to consider fault, like domestic violence, when allocating marital assets. The only thing that would potentially affect the division of marital assets is the dissipation of marital assets by one spouse. Dissipation of marital assets occurs when one spouse spends marital funds on things that the other spouse has no knowledge of and that do not benefit the other spouse.

A spouse who is having an affair and spending large sums of money on gifts for his or her paramour is dissipating marital assets. Likewise, a spouse who spends large amounts of money on gambling or drugs could also be found guilty of dissipation of assets. Allegations of domestic abuse, or even a conviction for domestic abuse, are unlikely to result in any changes in how marital assets are typically split.

Can Allegations of Domestic Violence Affect Parental Responsibilities and Parenting Time?

A conviction for domestic violence can have an effect on parental responsibilities and parenting time, and an allegation can do the same. While Illinois courts want both parents to be involved in their child’s upbringing and care, domestic violence changes that equation.

If the judge feels there is any risk of harm to the child, it is unlikely the parent convicted or charged with domestic violence will receive equal custody and may even be directed to have limited or supervised parenting time. The child must always be protected from emotional or physical danger.

If the evidence shows that one parent could expose the child to harm, supervised visitation could be implemented for months or even indefinitely. Complete termination of parental rights is unlikely unless the parent has committed acts of domestic violence against the child in the past. If the child was a witness to domestic violence, even if supervised visitation is not ordered, parenting time could be significantly decreased.  

Contact a DuPage County, IL Divorce Lawyer

If your spouse is alleging you committed domestic abuse, it is important that you let your Wheaton, IL divorce attorney from Fawell & Fawell know this so he or she can be prepared. Our firm offers a practical, results-oriented approach that benefits our clients. Your family is always our first priority. Call 630-871-2400 to schedule a free consultation.