St Charles High Conflict Divorce Attorneys

Kane County Divorce Attorney Will Help You Divorce a Lying, Cheating, or Abusive Spouse

Are you divorcing a spouse who is prone to dishonesty, spitefulness, or excessive displays of anger? If you are breaking up with an argumentative or abusive spouse, be sure to choose a lawyer who is experienced in managing high-conflict divorce situations.

At Goostree Law Group, we understand that the stress of divorce can sometimes bring out the worst in people. Even if your spouse has been an agreeable person in other circumstances, they may react to the divorce process in dysfunctional ways. In other cases, the added pressure may exacerbate the very behaviors that drove you to divorce in the first place.

Our managing partner, Tricia Goostree, and our team of both male and female attorneys are well-equipped to handle the most difficult situations and personalities. Each of our attorneys has been in practice for an average of 15 years. We are experienced in handling the most challenging issues that can arise in divorce cases, such as:

• False allegations of abuse that may be made when child custody is contested.
• Stalking and harassment by a vindictive spouse.
• Threats and physical abuse that may require an order of protection.
• Cheating and infidelity, which can affect both parties' willingness to negotiate a divorce settlement in good faith.
• Addictions to drugs, alcohol, or gambling.
• Psychological and mental health disorders including bipolar disorder, borderline personality disorder, and narcissistic personalities.

Illinois Laws Related to Contested Divorce

Illinois is a no-fault divorce state. This means that you can obtain a divorce without specifying any reason other than "irreconcilable differences." Thus, the court is not dragged into arguments over which spouse was more at fault and how that should affect the court's decisions about the divorce settlement.

Illinois law generally prohibits judges from considering "marital misconduct" when making decisions about spousal maintenance, aka alimony (750 ILCS 5/504a) or property division (750 ILCS 5/503d) except where dissipation of assets is involved. That said, when determining a maintenance award, the court may consider factors such as:

• The physical and emotional condition of both parties.
• The present and future earning capacity of each party, including the extent to which a party's earning capacity may have been impaired by spousal abuse.

In decisions about child custody and parenting time, the court must disregard any "conduct of a parent that does not affect that parent's relationship to the child" (750 ILCS 5/602.7c). Nonetheless, the court may consider factors such as:

• The willingness of a parent to place the needs of the child ahead of his or her own needs.
• The willingness and ability of a parent to encourage a close relationship between the other parent and the child.
• The occurrence of physical violence, the threat of physical violence, or other abuse by a parent, whether directed against the child or another member of the child's household.
• The mental and physical health of a parent.

Contact a St. Charles High-Conflict Divorce Lawyer

The attorneys of Goostree Law Group will advocate strongly for your interests in matters of divorce, family law, and criminal defense. We serve clients in the Kane County communities of St. Charles, Campton Hills, Elgin, Geneva, Batavia, North Aurora, Elburn, Kaneville, and LaFox. Contact us in our St. Charles office at 630-584-4800 for a free consultation.