Legal Question in Family Law in Illinois

My husband asked for a divorce this past weekend due to the fact that I went out with my friends, and a male friend offered to take us back home to my girlfriends to pick up my car. I ws sitting in the front seat, but obviously i did not commit any form of Adultry. My husband than beat the crap out of me infront of these two friends. He than told me he had our 2yr old son in the car and began to speed and run red lights to get home. we followed him and he gave my parents the baby and still in front of my parents slapped me across my face. I have been married for 4years now, once i had the baby, became a housewife and finished college. He actually is a convicted felon and feb. 2008 we had another domestic violence issue. I did not press charges and this time even though the police were called out, I still did not press charges. His family is very vendictive and my biggest concern is him trying to harm me so that he can have custody of our son. He has been threatened me that he wants to see the baby and take him to his parents house and that he hates me and I discuss him. He stated that due to the fact that I committed adultry, that I was considered a "unfit mother" and the courts will give him full custody. I am very scared that he take my son, legally or maliciously. I did not do anything wrong, I went out for drinks with my friends and due to that I got the worse beatdown, and humiliation of my life. I also would like to add that I had to file for bankruptcy in 2007 because he did not help with the bills. He states that now, yes we do have a bout 10,000 in debt, all on his name, but that I would be obligated to give him half. I also want to know if there will be any chance to obtain alimony or monies for emotional distress.?

Thank you


Asked on 8/02/09, 10:53 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Unless you want to keep getting beat up by this man, I strongly suggest that you go to the courthouse as 555 West Harrison and talk to a domestic violence counselor about getting an order of protection and that you do it first thing Monday morning. If you haven't reported this to the police you should do so at once and have your husband arrested. You should also contact a divorce attorney at the first opportunity. You can get an emergency ex-parte order of protection without notice to your husband and have him removed from your home for your protection and that of your child. Do not believe anything he tells you about his or your rights in the event of a divorce.

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Answered on 8/09/09, 9:06 pm


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