Tag Archives: abusive spouse

Wheaton divorce attorneysSometimes, what starts as a loving and enjoyable relationship devolves into a relationship that you barely recognize. Years of hurt feelings and things left unsaid can create an atmosphere of resentment and hostility. Communicating and working through issues as a team becomes impossible. You constantly catch your spouse in lies and struggle to believe anything he or she says. If this sounds familiar to you, you may be involved in a toxic relationship. Getting a divorce when you have a toxic relationship with your spouse is no easy feat.

Protect Yourself from Harassment and Abuse

Sometimes, a toxic relationship becomes an abusive relationship. If you have been subjected to physical, emotional, or psychological abuse, stalking behaviors, or financial exploitation, the time to act is now. Abusive treatment rarely deescalates over time and often worsens when the abusive person feels he or she is losing control. Remember, abuse does not only involve physical harm. Abuse is defined by Illinois law as harassment, interference with personal liberty, intimidation, and willful deprivation as well as physical abuse. An Emergency Order of Protection can require your spouse to move out of your home, give you temporary custody of children, stay a certain distance away from you and your workplace, and more.

Gather Important Documents

Sometimes, a toxic spouse will actively hide important documents to make it harder for you to leave him or her. Make sure you have your driver’s license, birth certificate, passport, social security card, and other key items. Make copies of financial documents like tax returns, bank statements, mortgage documents, credit card statements, and other financial data. These items will be extremely useful if your spouse tries to hide assets or lie about finances during your divorce.

Continue reading

DuPage County divorce attorneysDivorce can be difficult and painful for any couple, but victims of domestic violence face a unique situation that few understand. These cases are not generally about who gets the house, the kids, or the dog. Instead, they are focused on safety and security. Victims must take extra precautions. Above all else, they need strong allies and advocates in their corner to help protect them from further acts of violence. If you are a victim of domestic violence and are seeking a divorce, there are steps you can take to help you move forward safely, securely, and with a measure of confidence.

Be Prepared for Potential Safety Issues

Whether you are still living with an abusive partner and making plans, or have recently moved out and are afraid as to what may happen in the weeks and months to come, it is important that you take immediate steps to protect yourself. If you have not done so yet, take photographs of any bruises or injuries. Gather any medical documents you may have on previous injuries.

In addition, you should talk to your friends, family, and coworkers about your situation. This can help to ensure everyone knows that you may be at risk. Victims are also encouraged to seek a restraining order, which can be obtained through an experienced attorney. You may also wish to speak to the police about pressing criminal charges.

Continue reading

DuPage County divorce attorneysDomestic violence affects nearly three out of every ten women and one out of every ten men. If you are currently in or have recently left an abusive relationship, you know how devastating domestic violence can be. While divorce is often a stressful ordeal, a person divorcing an abusive spouse faces an especially daunting task. Fortunately, there are steps you can take to help you get through your divorce as safely and confidently as possible. 

Keep Yourself Safe First and Foremost

If you are currently married to an abusive spouse, the most important first step for you to take is to secure your safety and the safety of your children. If you have been physically abused, take pictures of any injuries and get medical help immediately. An emergency order of protection (EOP) can be obtained from your local county courthouse.

These protection orders, also called restraining orders, can prevent an abusive spouse from being within a certain distance from you, your children, your place of work, and more. An EOP lasts 14 to 21 days and can be obtained without a hearing. If you need to establish a more permanent order of protection, you will be able to seek a plenary order of protection which can last up to two years.

Continue reading

Recent Blog Posts


250 W. River Drive, Unit 2A
St. Charles, IL 60174
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

Make a Payment
© 2021 Mirabella, Kincaid, Frederick & Mirabella, LLC | 1737 South Naperville Road, Suite 100, Wheaton, IL 60189 | 630-665-7300
Kane County | Disclaimer Privacy Policy | Resources Sitemap
Take me to top
Giving Back
Contact Us
Giving Back
Contact Us

In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree