Divorce following domestic violence is a complex and challenging situation for any family. Not only is there the emotional turmoil of ending a marriage, but there are also legal and safety concerns that must be considered. In this article, we will explore the process of leaving an abusive relationship through divorce, the resources available, and the path toward healing and moving forward.
What Is Domestic Violence?
Domestic violence, also referred to as intimate partner violence, is a pattern of behavior used by one partner to gain or maintain power and control over the other. This can take many forms, including physical, emotional, sexual, and financial abuse. Domestic violence can affect anyone, regardless of age, gender identity, sexual orientation, race, or socioeconomic status.
Leaving an Abusive Relationship
Leaving an abusive partner can be dangerous, and safety should always be the first priority. It is important to have a safety plan in place before leaving. This may include finding a safe place to stay, securing important documents, and telling trusted friends or family members about the situation. The National Domestic Violence Hotline (1-800-799-7233) is an excellent resource for developing a safety plan and finding local support services.
Once you have established a safety plan and feel prepared to leave, there are several legal avenues to consider. Depending on the severity of the abuse, filing for a protective order may be necessary. A protective order, also known as a restraining order, is a legal document that orders the abuser to stay away from the victim and may provide additional protections, such as custody of children. Your state's laws will dictate the process for obtaining a protective order.
The Divorce Process
Divorcing after domestic violence can be more complicated than a typical divorce. Concerns about safety and custody of children must be taken into account. Working with an experienced family law attorney who has experience in domestic violence cases is highly recommended.
One option for those filing for divorce after domestic violence is a fault-based divorce. In a fault-based divorce, one spouse must prove that the other spouse is responsible for the breakup of the marriage. In cases of domestic violence, a fault-based divorce may be appropriate. However, it is important to consider that proving fault may require disclosing sensitive and potentially traumatic details in court.
Another option is a no-fault divorce, where neither spouse needs to prove fault for the divorce. In some cases, a no-fault divorce may be a safer option, as it avoids the need to disclose sensitive information in a public forum. However, it is important to note that a no-fault divorce does not necessarily protect individuals from an abusive partner.
Custody and Support
Custody and support are also important considerations in a divorce after domestic violence. The safety and well-being of children should be the top priority. In some cases, a protective order may include provisions for custody and parenting time. However, it is ultimately up to the court to determine custody and support arrangements.
If you are the victim of domestic violence and are seeking custody of your children, it is important to provide evidence of the abuse. This may include police reports, medical records, or witness statements. The court will consider the best interests of the children when making custody decisions.
Healing and Moving Forward
Divorce after domestic violence is a difficult and often traumatic experience. However, there is hope for healing and moving forward. Seeking counseling or therapy can be beneficial for both individuals and families. Many advocacy organizations also offer support groups and counseling services specifically for survivors of domestic violence.
In addition to seeking professional help, there are also self-care practices that can help promote healing and recovery. This may include exercise, meditation, journaling, or spending time in nature. It is important to be kind to yourself and to allow yourself time to heal.
Leaving an abusive relationship and going through a divorce is a challenging and emotionally taxing process. However, it is important to remember that you are not alone. There are resources available to help you through this difficult time, and there is hope for healing and moving forward. By prioritizing your safety and seeking the support and guidance of professionals, friends, and family, you can begin to rebuild your life and create a brighter future for yourself and your family.