Tag Archive for: emotional abuse

Divorce vs. Legal Separation

There are numerous options available for couples facing challenges in their marriage. Two common actions that couples consider are divorce and legal separation. Understanding the distinction between these two choices is crucial in Illinois when making life-changing decisions.

Navigating divorce and legal separation in Illinois brings up a multitude of legal factors and emotional concerns. In this blog, our experienced Illinois-based Divorce and Family Law attorneys explore the differences and provide insight into the unique aspects of each process. 

Divorce vs. Legal Separation

Before delving into the process, it’s essential to understand some fundamental differences in an Illinois divorce or separation. A divorce terminates marriages, freeing both parties to remarry. On the other hand, a legal separation does not dissolve the marriage. Instead, it provides a legal framework for spouses to separate while addressing child custody and property division issues. Let’s take a deeper look at what each option entails.

Illinois Divorce

Divorce is a legal process that results in the termination of a marital union, allowing both spouses to return to the status of single individuals. The primary aspect of divorce is that it terminates the legal relationship between partners. Divorces divide not only their physical assets but also their debts, responsibilities, and future rights.

To file for divorce in Illinois, at least one of the spouses must have been a state resident for at least 90 days. This residency requirement ensures that the case gets filed in the appropriate jurisdiction. It’s crucial to note that Illinois is a no-fault divorce state, which means that you don’t have to prove wrongdoing or assign blame for the marriage breakdown. 

The only recognized ground for divorce is “irreconcilable differences,” which signifies that the marriage has broken down beyond repair. After the legal proceedings, the court issues a divorce decree addressing the division of property, spousal support (if applicable), child custody (Parenting Time), visitation, and child support arrangements.

Illinois Legal Separation

A legal separation is an alternative option for couples who wish to live apart and establish legally binding arrangements while remaining married. Unlike divorce, legal separation doesn’t dissolve the marriage itself. Instead, it outlines each spouse’s responsibilities, rights, and obligations, similar to a divorce decree, but without terminating the marital status.

People in Illinois seek legal separation for various reasons, including religious or personal considerations. It allows couples to establish specific terms related to property division, spousal support, child custody, visitation, and child support. Legal separation protects both parties, as they can enforce the terms outlined in the separation agreement through court orders.

Key Differences and Considerations

Divorce can have various emotional effects on you and your family, depending on the separation’s circumstances. It is essential to be aware of these potential effects and address them proactively. Let’s take a look at how some of these issues vary.

  • Parenting Time: Parenting Time (formerly called Child Custody) and support are crucial in divorce or legal separation cases involving children. Illinois courts prioritize the child’s best interests when determining parenting time arrangements and support payments.
  • Emotional Impact: Divorce often carries a more profound emotional impact, given that it signifies the end of the marital relationship. Legal separation can be viewed as a temporary arrangement, allowing couples to reassess their situation.
  • Religious or Personal Issues: Legal separation allows couples with religious or personal differences another avenue for divorce. It offers them a middle ground between maintaining their marriage and living apart.
  • Financial Considerations: Both divorce and legal separation address financial matters, but the implications may vary. Consulting legal and financial professionals is essential to ensure that your rights and assets are adequately protected.
  • Property Division: Illinois follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally between spouses. We must consider factors like the length of the marriage, the contributions of each spouse, and their financial circumstances.

Divorce and Legal Separation Process

Divorce and legal separation: Each option has its outcomes and impacts. To start either process, one spouse (called the petitioner) must submit a request to their circuit court.

Both divorce and legal separation involve similar legal procedures. These procedures can include discussions, mediation, and court hearings. Opting for a legal separation lets spouses keep certain marital benefits, like health insurance coverage. On the other hand, divorce brings more significant changes, such as the freedom to remarry and the end of spousal benefits.

If you want a legal separation, you can submit a Petition. This document states that you and your spouse live separately, including information similar to a Petition for Dissolution of Marriage.

You must file for legal separation in the county where:

  • Your spouse resides; OR
  • You and your spouse last resided as husband and wife; OR
  • If your spouse cannot be found in Illinois, the county in which you reside.

Remember, every case is different, and the legal steps may vary. It’s a good idea to consult a family law attorney to understand the process and consequences of divorce and legal separation in Illinois.

Divorce Mediation

If neither divorce nor legal separation sounds like the ideal outcome to your situation, there is another way to settle disputes: mediation.

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward.

Working With a Family Law Attorney

If you’re looking for a top lawyer in Illinois, consider working with the skilled attorneys at Masters Law Group. Masters Law Group is located in downtown Chicago, covering divorce cases in Cook County and surrounding regions. Our focus areas include divorce, legal separation, mediation, and other family law issues.

Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, have been recognized by prestigious publications such as Best Lawyers, Super Lawyers, and Leading Lawyers, ensuring you have someone you can trust during your divorce. Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you want to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

If you’re considering a divorce, legal separation, or mediation services in Illinois, you don’t have to go it alone. Our dedicated attorneys are ready to skillfully advocate for your position and provide your voice when needed. Servicing Cook, Will, Lake, and Dupage counties, our attorneys can help guide you through the process and protect your rights every step of the way.

Contact us today to schedule a complimentary consultation and learn how we can support you through your divorce or legal separation.

Can I Protect my Kids From Emotional Abuse?

Emotional abuse, which is sometimes called psychological abuse, is a pattern of behavior that damages a child’s sense of self worth and negatively impacts their emotional development. Here’s what you can do if you suspect your child is suffering at the hands of a family member.

The holiday season is not the most wonderful time of the year for so many people and families. But for many around the world, it’s a challenging time where family law issues are temporarily swept under the carpet to be dealt with at a later date. Perhaps you have waited to file a divorce or find protective orders until the holidays are over? But when it comes to the wellbeing of your child, you need to take action now. 

Here is everything you need to know about emotional child abuse and how you can take action to protect yourself and your children. 

What is Emotional Abuse?

If you hear a story about abuse of children, specifically when it comes to physical or sexual abuse by parents, it seems inconcievable and anger is most likely your response. You could never imagine what parents could do this to their child, or that this would ever happen in your own home. However, not all signs of abuse are physical. What if parental abuse comes in a different less visible form? What if no one is physically hurt, but there is parental emotional abuse through words and actions? 

The definition of emotional abuse, otherwise known as psychological abuse, is a pattern of behavior that damages a child’s sense of self worth and negatively impacts their emotional development.

Love and support is withheld, and oftentimes the person emotionally abusing the child also may reject, threaten, criticize, demean, and purposefully agitate the child. Abusers may also humiliate the child, participate in name-calling towards the child, and insult the child regularly. Although an emotionally abused child might not end up in the hospital with a broken bone or a concussion, the effects of emotional abuse can be damaging and long-lasting. In 2017, 2.3% of children in the United States experienced psychological or emotional maltreatment according to a report prepared by the Administration on Children, Youth, and Families. However, this estimate is likely low because emotional abuse can be harder to detect than other forms of child abuse and typically takes place in the confines of a child’s home. 

Emotional abuse can be found in conjunction with physical or sexual abuse, and it is also one of the most difficult forms of abuse to recognize. Abuse in all forms is largely due to the need of power and control by the abuser, and emotional abuse is no different. In these abusive environments, the culprit manipulates and controls the child by using words and actions that are emotionally hurtful and damaging.

Identifying Emotional Abuse in Children

Emotional abuse experienced by a child may show certain behaviors that can be telling signs which you should watch out for. This would include:

  • Anxiety
  • Depression
  • Low performance in school
  • Loss of interest in social activities or other interests
  • Avoiding activities involving family bonding
  • Attempts to avoid certain situations (such as going to an activity or another person’s house)
  • Stunted development of emotions
  • Desire to self harm or inflict harm on others
  • Desperately seeking affection and attention from other adults
  • Regression of childhood development (a common example of this is bed wetting after previously mastering bladder and bowel control)
  • Complaining of stomach aches or other bodily symptoms with no known cause

While this behavior does not directly equate to a child experiencing psychological abuse, one or several of these behavioral symptoms can be a sign that there is protection needed for your child. Any signs of this behavior in children could be grounds for requesting an Order of Protection due to harassment or willful deprivation. 

Emotional Abuse Treatment

In the past, emotional and psychological abuse were not readily recognized in the eyes of the law. In today’s times, emotional abuse is often considered a major factor in family law cases and is reviewed closely in child abuse matters. In cases involving certain offenses, an individual should immediately seek out the assistance of an experienced family law attorney in your area, who can assist with reporting emotional abuse or protection for themselves or loved ones.

Priority number one is always to ensure the safety of the child, of course. If your child is being emotionally abused, there are several steps that can be taken to mitigate the risk of the situation at hand prior to legal help. The perpetrator of the abuse may need to go through treatment for their behavior, especially if the abuser is a parent of the child. Treatment can come in several different forms, which could include parenting classes, therapy individually or as a family, and even social services can be involved.

In addition to treatment for the abuser, the child experiencing the abuse will also most likely require medical attention. Those receiving the abuse and the repercussions may also benefit from therapy, either individually or with their family. Once they have the opportunity to process the emotional trauma, they are also aware of healthy coping mechanisms and how to resolve conflict in a healthier way.

If the abuse can’t be treated from these standpoints, and it needs to be escalated to legal assistance, Masters Law Group is here to help you with divorce consultation or an issuance of Order of Protection in the state of Illinois.

Emotional Abuse Protection

If you’re a parent and think your child is being emotionally abused by someone else—such as an ex, a teacher, a pastor, or coach—take steps to intervene.

Encourage the child in your life to contact the Child Helpline if they need some extra support to cope with what has been happening. They may find talking to somebody outside of the situation helpful. You could also try calling the National Parent Helpline in your state to discuss your concerns.

While all forms of abuse can feel like a never-ending hopeless situation, Masters Law Group is here to help you see a light at the end of the tunnel. We provide an array of family law services including Orders of Protection and divorce services for our clients. Our highly experienced family law attorneys offer skillful legal representation that will guide you through to safety for your children and yourself.

Get in touch with us here today to discuss and execute the best plan of action for you and your family.