Chicago LGBTQ+ Domestic Violence Victims Attorneys

Chicago LGBTQ+ Divorce Law and Domestic Violence

There is no single answer as to why LGBTQ+ people get divorced, but domestic violence is certainly one contributing factor. In many cases, LGBTQ+ people face additional challenges in their relationships, including discrimination, lack of support, and isolation. This can often lead to increased levels of stress, which can, in turn, lead to domestic violence. If domestic violence is present in a relationship, it can be challenging to resolve, and ultimately, divorce may be the only option.

When a couple in a same-sex relationship gets divorced, the process can be different than when a heterosexual couple divorces. One of the most significant differences is how the law treats domestic violence cases, as some officers may bring their personal feelings into law. This can be a big problem for LGBTQ+ couples trying to escape a violent spouse.

There are also different laws regarding custody and visitation in states that do not recognize same-sex marriage. This can make it very difficult for LGBTQ+ parents to get the control and visitation arrangements they want, which is in their children's best interests.

Some organizations offer help and resources for LGBTQ+ victims of domestic violence, and victims need to know about these resources. There are also some best practices that victims can follow to keep themselves and their children safe, such as creating a safety plan, telling trusted friends and family about the situation, and getting a restraining order if necessary.

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No-Fault Divorce

A no-fault divorce is a divorce in which spouses do not have to assign blame for the breakdown of a marriage. This type of divorce is often used when couples want to end their marriage amicably. One spouse must state that the marriage is irretrievably broken to file for a no-fault divorce. No-fault divorce laws vary from state to state, but couples can avoid the often contentious process of assigning blame for the dissolution of marriage.

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Violent Spouse and Child Custody

When a married couple with children decides to divorce, one of the most difficult decisions they will have to make is who will get custody of the children. This decision becomes even more complicated if there is a history of domestic violence in the marriage.

The safety of the children is the paramount concern in these cases, and the courts will do everything they can to ensure that they are placed in a safe and secure environment. If there is evidence that the violent spouse is a danger to the children, the court will likely give sole custody to the non-violent spouse.

In some cases, the violent spouse may be allowed to have supervised visitation with the children, but this is usually only granted if a robust safety plan is in place. The safety of the children is always the top priority in these cases, and the courts will do whatever they can to protect them.

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Hire a Chicago LGBTQ+ Family Law Lawyer

If you're considering divorce, hiring a Chicago LGBTQ+ family law lawyer is crucial. A skilled lawyer can help you navigate the legal process and protect your rights. In addition, Nottage and Ward, LLP can help you create a parenting plan and child support agreement if you have children. Call (312) 332-2915 today to schedule a consultation!

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