Legal Question in Family Law in Illinois
Domestic abuse as reason for divorce/ ramifications
A friend of mine in Illinois has filed for divorce from her husband, who has physically abused her for the past 2 years. She had a child from a previous marriage, whom this man adopted.
Her mother-in-law does not want an accusation of violence to be on her son's ''record'' (although I don't know what she means by this) and has convinced my friend to list ''irreconcilable differences'' as the reason for divorce. She (the mother-in-law) claims that she will convince her son to sign the divorce papers amicably and cooperate as long as my friend keeps quiet about the abuse. (She has hospital records, X-rays, and police reports to support her claims.)
My question: Should my friend go along with this? Does ''irreconcilable differences'' give the husband more rights to his adopted child? She doesn't want him in the child's life at all (and neither does the child-- an 11-year-old boy) after the divorce. Personally, I don't see why the mother-in-law has any business interferring in the divorce of her almost-40-year-old son, and I'm wondering if my friend is making a huge mistake in going along with the wants of the mother. What are the repercussions for one ''reason'' for divorce versus another?
2 Answers from Attorneys
Re: Domestic abuse as reason for divorce/ ramifications
It only matters if Illinois is a state where misconduct in the marriage does not bear upon the financial issues.
Secondly, she might have a personal injury claim against her husband which should be made a part of the action for divorce.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Domestic abuse as reason for divorce/ ramifications
Hi,
I am not sure in what state her divorce is proceeding, so that could change the answer. However, in New Jersey without knowing more about the circumstances, it would probably not affect equitable distribution. However, it could have an impact on custody and/or parenting time. Also, it appears she has a claim for personal injuries which would have to be brought in a New Jersey Divorce action.
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