Although all divorces in Orland Park and throughout Illinois are considered no-fault divorces, allegations of inhuman treatment can still affect the proceedings. If one party has an Order of Protection, it may be considered evidence that the other party should have less parenting time or other rights. Therefore, it is important that anyone involved in a divorce in Orland Park that includes inhuman treatment work with a skilled attorney. A well-versed divorce attorney can protect your rights throughout the proceeding to work towards the best result possible.
Inhuman treatment is often considered physical or emotional abuse. However, there is no law that really defines inhuman treatment in a divorce. Illinois is a no-fault divorce state meaning that, even if inhuman treatment is involved, the official reason for the divorce would be irreconcilable differences. However, one party can petition the court for an Order of Protection if they are the target of violence.
When this is the case, it is likely that the case will be decided through litigation as opposed to mediation or negotiation. This means a judge will hear the evidence and determine the issues in the divorce. As such, any Order of Protection and allegations of emotional and/or physical abuse may be evidence in a divorce trial.
Further, although inhuman treatment will not be considered the cause of the divorce, it may be taken into account when deciding issues such as child custody. For example, when there is a protective order, it may be used as evidence that the court should not have certain parenting rights if there is a fear that the children could be in danger. An attorney can further explain the impact of inhuman treatment on divorce proceedings.
There is a provision in the law that allows the judge to remove one of the parties from the house if it can be shown that it is dangerous or unhealthy for one party to be in the same house with the other. They would have to prove that there is a danger of abuse to them, and if there are children in the home, that there is danger of abuse in front of or against the children.
Depending on the circumstances, this could also include threats made to one party or if one party is destructive and a danger to themselves. This could be constant fighting between the parties or if the police have been called numerous times. An attorney can further explain under what circumstances a party may be forced from the marital home.
If inhuman treatment is involved in your divorce, it is important to get help from an experienced Orland Park attorney. Whether you were accused of inhuman treatment or the victim of it, you have rights. An attorney from Reidy Law Office LLC can work with you to make sure that you work towards a divorce settlement that accurately reflects your circumstances. To get started, call today.
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