When you are getting a divorce with a history of domestic violence, the process can be more difficult than other divorces. When you decide to divorce a spouse who has been violent towards you or other members of your family, you have to make careful decisions to keep everyone safe. The following are some things you should know when leaving a domestic violence situation:
Take Safety Precautions
Above all, you and your family's safety are of the utmost importance. Your first priority is to take measures to guarantee your safety, which is a priority over the concern for your home or personal possessions. You can always deal with assets at a later time. If you believe your spouse could retaliate against you for filing a divorce, you should consider a temporary restraining order. Once the temporary order is approved by the judge, you can seek a permanent protection order. If your spouse violates either protection order, he or she can face legal trouble, possibly even jail time.
You also need to find a safe place to live, such as with friends or family members. If you do not know anyone who you can stay with, even temporarily, ask your attorney about domestic abuse shelters you can stay in until you can find your own place.
Consider Criminal Charges
As you file for divorce, also consider filing criminal charges simultaneously. An abusive spouse can be faced with many criminal charges, including harassment, assault, and rape. If you formalize the criminal activity by filing charges, that becomes solid evidence for you during your divorce.
Prepare Yourself for the Trial
Once you leave an abusive partner, it may be hard to think about being in his or her presence during the trial. You have to prepare yourself mentally for this. Divorce is difficult under typical circumstances, but one involving domestic violence can be traumatizing. You should expect to speak at some point, though your attorney will do most of the talking for you. You also need to prepare to listen to your spouse speak as well about his or her side of events.
What you will not have to do is talk directly to your spouse during the divorce. You will need to communicate, but you can do so through your respective attorneys. The less you can speak to each other during the divorce, the less contention and stress there will be for everyone involved. To learn more, contact your local family law attorney.
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