Divorcing An Abusive Spouse: What To Know
Divorce can bring out the worst in some people. When you are divorcing an abusive spouse, however, things can be even worse than usual. Read on for some tips to safely get through the divorce.
Involve Law Enforcement
If you are being abused, speak to a divorce lawyer about a restraining order. Keep in mind that the judge might grant a temporary protection order that expires in a few weeks. To have a more long-term order in place, you will need to appear in court and explain to the judge why you need the order. Once the order is in force, don't allow your spouse back to the house under any circumstances. Don't communicate with them by phone or through any other means. Go through your lawyer if you need to let your spouse know something.
Before You File
Preparation is the key to getting out of an abusive marriage. You need a safe place to go, and you need money. The more you can manage the better. However, avoid leaving a trail that your abusive spouse can follow. Many areas offer temporary lodging for those trying to escape an abusive relationship.
While you can, make copies of important documents like deeds, titles, income tax returns, bank statements, and other financial documents.
Make a Firm Decision
Once you decide to divorce your abusive spouse, you could face more misery in the future if you appear uncertain. Allowing an abusive spouse back into your life is unwise, no matter how many promises they make. If they have not sought treatment for their anger issues, that is best done while you are separated from them. The last thing you should do is allow them to make you pay for trying to get away from them.
Get a Good Divorce Lawyer
Find a lawyer you feel comfortable enough with to share the abuse problem. Although it can be difficult to tell others, only by doing so are you opening yourself up to the help you need. Your lawyer needs to understand the level of danger you could be in so they can take measures to protect you throughout the divorce process.
Consider Fault
Although no-fault divorces are common, most states allow spouses to file for a divorce naming fault. If you do name fault, be sure you have evidence to back up the allegations. For example, a police report, photographs of your injuries, eyewitness testimony, and other evidence of the abuse are necessary. Naming fault opens the door for important divorce issues like child custody, visitation, debt divisions, and asset divisions to be influenced.
For more information, contact a firm like Hand Law, P.C.
