All states maintain provisions in divorce statutes designed to provide special assistance to an individual seeking to terminate a marriage due to spousal abuse or domestic violence, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The laws regarding this type of divorce largely are the same across the country.
Protection From Abuse Order
Upon making a decision to seek a divorce in the aftermath of suffering abuse by your spouse, protecting yourself and your children represents the number one priority. Included on the list of steps to take is obtaining a protection from abuse order. Also known as a restraining order, a protection from abuse order requires your abusive spouse to cease any contact with you whatsoever without express permission from the court.
Fault Divorce
If you live in a state that permits fault divorce, an allegation of spousal abuse represents the type of wrongdoing necessary to support a marriage dissolution case. The proceedings commence when you file a petition or complaint for divorce based on spousal abuse. Within the document, you include basic facts summarizing the abusive conduct of your spouse.
No-Fault Divorce
Although you do not need to demonstrate marital wrongdoing to pursue a no-fault divorce, the victimization you suffered at the hands of your spouse plays a role in initiating marriage dissolution proceedings. In a no-fault case, you must demonstrate to the court irreconcilable differences. Ongoing abuse represents evidence of irreconcilable differences: It demonstrates that you and your spouse cannot live together as husband and wife, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Custody
As the parent of children seeking a divorce as the result of domestic abuse, understanding statutes pertaining to custody is a prime consideration. Custody and visitation decisions rest on the level and nature of abuse, and whether the children directly were targeted by your spouse. With that noted, an abusive situation of this nature typically results in a person in your position obtaining sole custody of the children. Your spouse likely will face a denial of visitation rights, at least for the time being. Supervised visitation may be permitted under restricted parameters.
Expert Assistance
Seeking a divorce due to domestic violence is an emotionally challenging experience. Additionally, the statutes associated with divorce cases generally, and with obtaining judicial protection from additional abuse, are complex. Consequently, upon finding yourself in such a situation, consider seriously obtaining qualified representation from an experienced attorney. The American Bar Association maintains a selection of resources designed to aid you in finding a lawyer in your area.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
Member Comments