How to Properly File for Divorce When Facing Abuse From Your Spouse

The American Psychological Association reveals that about 40 to 50% of marriages in the United States end-up in divorces. Further, in almost 20% of all marriage settings, there’s been one or more cases of intimate partner abuse.

Marriages work best when tranquility and bliss abound. However, when physical and emotional abuse sets in a marriage, divorce and getting out of the home is generally the safest way out of the situation.

Have you found yourself in an abusive marriage and are considering taking legal action? You can file for divorce and emerge out of the abusive marriage with your head high. Here’s how to file for divorce when dealing with an abusive intimate partner.

Your Safety Comes First as You File for Divorce 

You don’t want to become part of the deadly statistic in the long-haul. If your partner slapped you once, they will probably do it again. Your sanity (and safety) and that of your children is at stake when dealing with a violent partner.

While deciding to quit is never easy, you need to find the courage to choose the legal way out. Has your spouse been violent? You need to take immediate action.

But first, you need to vacate the current residence if you feel that you might be in danger.

Talk to a Lawyer 

Attorneys handle many cases related to abuse and divorce. If you plan to file for divorce, it is essential that you consider advice from a divorce lawyer Barrington IL office. Counseling may cover concerns such as whether it’s okay to leave the house based on security reasons.

You want to gain as much as possible from the divorce. As such, working with a reputable divorce lawyer will be critical. You don’t want to end up making choices that may affect the divorce process so it is a bad idea to even think of filing for divorce without a lawyer.

If Need Be, File Criminal Charges

While focusing on the divorce process, you may also need to consider filing criminal proceedings against the violent partner. Your estranged spouse may stand accused of rape, sexual offense, and assault in case of trespass during the divorce proceedings. You can learn more here on sex abuse survival during divorce proceedings.

Prepare a Complete Complaint

If you have experienced any form of abuse as you file for divorce, it is essential to prepare a complete complaint detailing the violence. Your divorce proceeding may benefit from a brief domestic violence complaint from listing all the facts about the recent incidents of violence.

You can file a complaint form yourself without having to involve a lawyer. Such arrangements are available through the clerk of the superior court. However, you should reconsider filling these forms if matters such as custody, child support, or alimony are at issue.

Consider the Best Alternative 

Ultimately, the best outcome in a divorce process is the welfare of your children. As such, you need to work closely with your lawyer to find a solution that will keep you safe but also guarantee you a good end to the divorce proceedings. The good thing about working with seasoned lawyers is that they know their way around domestic violence and divorce rights.

You Don’t Have to Live in Fear during the Divorce Process

Dealing with an abusive spouse is traumatizing and emotionally draining. It’s worse if such abuse unfolds as you file for divorce. If you have been a victim of spouse harassment during divorce proceedings, then you should consider filing a complaint against the estranged intimate partner.

Keep checking our site more informative articles. We have plenty of advice on a wide variety of topics for you to learn more about.


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