A divorce can be difficult, as a general rule. However, it can be nothing short of excruciating if your spouse is abusive. You may be overwhelmed by your spouse's ugly reactions to the dissolution of your marriage and fear retaliation. Here are a few tips to help you through a divorce with an abusive spouse:
Move out.
If your spouse has been physically abusive, do not stay in the home with him or her. Leave. Although you may feel that you have nowhere to go, domestic violence shelters can provide you with a place to stay. In addition, the shelters usually offer counseling.
If you and your spouse own your home together, your spouse may threaten to sue you for abandonment or tell you that you will be unable to keep your home because you left. Even though some states do consider a spouse's willing departure from a home when awarding assets, a case of domestic abuse that is well documented can provide evidence of the reason you left.
Contact your divorce lawyer to file for support.
If you are afraid that you do not have the resources to move out, contact your divorce attorney. You can file for temporary child support, temporary custody and temporary spousal support. You may even file to stay in your home without your spouse during your divorcing period.
File a restraining order.
In addition, if you believe your spouse will try to harm you physically, you can file for a restraining order. A restraining order can even prevent your spouse from calling you.
If you suspect child abuse, report it.
Don't wait until court to bring up allegations of child abuse. You should report it to social services now. Your spouse does not have any visitation rights until a custody order defines them.
Journal if you want custody of your children.
If you are concerned about your spouse obtaining custody of your kids, you will need evidence of poor parenting. Journaling can help you document instances of abuse. Custody is not largely based on how your spouse treats you. It is more dependent on how your spouse treats your children. Nevertheless, some states consider spousal abuse that occurs in front of minor children to be child abuse.
If you are divorcing an abusive spouse, he or she may try to intimidate you throughout the divorce process. You will need support and legal guidance. Contact an experienced divorce attorney today.
Share31 July 2015
When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.
