How will his abuse towards me affect our divorce?
Abuse does not always appear in the form of a bruise thanks to any physical fighting. Abuse in a marriage comes in many forms, and some people have no idea they’re dealing with an abusive spouse for many weeks, months, or even years after the abuse begins. It’s not easy to understand how or why things like this happen, but sometimes people aren’t who they appear to be when you first get married. Whether your spouse is abusing you mentally, emotionally, or physically, you have rights. One of those rights is divorce. You can divorce an abusive spouse, and his choice to abuse you will affect the divorce process.
How does abuse affect divorce?
The first thing you should understand is that most states allow you to file for divorce two ways. You can file for a no-fault divorce or a fault divorce. A no-fault divorce is one in which you decide no one is to blame for the end of your marriage. You simply made the decision to end things mutually. You fell out of love or you grew apart. A fault divorce is when you accuse your spouse of something such as cheating or abuse, and that’s the reason you want to end your marriage.
If you make the decision to file for divorce by citing your husband is abusing you, the spousal abuse accusation is going to change the course of your divorce significantly. One of the main factors is going to be the court protection you’re offered when you file. If your spouse is abusing you, the court will offer you some protection from this person to keep you safe while you file for divorce.
A spousal abuse situation also has an effect on any child custody and even alimony issues. For instance, most states try to do what is fair when they divide marital assets and debts, and they always state the best interest of the child is the way to choose custody. An abusive parent is going to lose custody of his or her kids to keep them safe, and he or she might not get the marital assets they’re asking for if they are abusive.
The law regarding abuse is a little different depending on the kind of abuse that’s occurring. If your husband is hitting you and physically abusing you, he probably won’t get the kids if you ask the court not to allow it. A man who hits his wife might not necessarily hit his kids, but the court is going to take into consideration this man is placing his hands on a woman as a way of punishing her. This might play into how much he is ordered to pay you, too.
Call an Attorney
Abusive marriages are not easy to end. They are not easy to walk away from, and they are not easy to deal with. A man who abuses his spouse is a dangerous man who won’t be willing to sit back and handle divorce, and it’s often a dangerous situation. That’s why an attorney is the best option someone who is suffering from abuse has. It’s this person who can help you with your situation, get you through the mess, and help you find a way to move on and move up.