Keeping Your Family Strong--Even Through Divorce

Helpful Information About Divorcing an Abusive Spouse

by Kristen Wright

Have you attempted to undergo counseling with your abusive spouse to save the marriage? If you have not seen any improvements in his or her behavior, the smartest thing that you can do is file for a divorce. It is never okay to suffer abuse from your spouse, whether it is emotional or physical. Getting out of the abusive situation in a safe manner is one of the things that you should be concerned about. Take a look at this article for information on how an attorney can assist you in getting out of your situation.

Find Out Whether You Should Pursue a Restraining Order

The first thing that a divorce attorney will consider is the safety of you and your children. If you have been getting threats from your spouse about what he or she might do if you file for a divorce, they should be taken seriously. An attorney can petition the court for a restraining order that will make it a crime for your spouse to come near you and the children during the divorce process. He or she will have to leave the marital home, or else you will be able to leave without worrying about him or her coming around. The order will also include your spouse not being able to go around the children while they are at school or participating in extracurricular activities.

Make Sure You Are Able to Temporarily Keep the Children

If your children's well-being is at risk around your spouse, an attorney can likely get you temporary custody of them. The reason the custody arrangement will only be temporary is because your spouse's abusive nature will have to be proved in court. If the abuse is unable to be proven, your spouse could actually end up with joint custody of the children. However, an attorney will do everything possible to prove that your abuse claims are truthful.

Review the Prenuptial Agreement If One Is in Place

One service that a divorce attorney can provide is a review of the prenuptial agreement if one was signed before you married your spouse. The agreement is important because it can determine what you are able to obtain in the divorce. Basically, an attorney will make sure you were not forced to agree to terms that you were unaware of. Due to your going through an abusive marriage, it is also possible that an attorney can help you get out of the agreement altogether.

Visit a firm such as Eschbacher Law to meet with a lawyer and discuss your case.