Settling A Divorce After Domestic Violence: 5 Things Your Attorney Must Fight For On Your Behalf

Posted on: 5 November 2019

Hiring a divorce attorney after you've been abused in a domestic violence situation is the first step in changing the rest of your life; however, there are many more steps ahead of you. One very important step is your divorce settlement, which must essentially guarantee you, and your children if you have any, a way out of the situation and upward to a better life. 

1. Possession Of Your Home And Property

If you're not going to a domestic violence center, your home should be secured, with your spouse forbidden entry by the courts. Securing your home and possessions, including what the children may need, is your right. You might ask for police protection when you go to your home to collect your belongings or a court could order your spouse to stay away from your home, but however it's done, your immediate safety must be secured.

2. Support For You And The Kids

No matter what's going on between you and your spouse, they're still responsible for supporting any children you have together. They can't, for example, refuse payment, based on the fact that you and the kids are not around. If you're tucked safely away in a shelter at an unknown location, payments can go through the courts and your lawyer can help make that happen.

3. Protection Against Further Harm

Your divorce attorney can help you establish evidence that your spouse has been and is likely to continue being a threat to you and your children. Keep in mind that abuse extends beyond the physical, legally, and may include emotional and psychological harm, as well as withholding things you need to be independent. A protective order should be issued by a judge, providing you with whatever protection you may need to go on with your life, including safely proceed with the divorce.

4. Immediate Custody

Once your spouse is deemed a threat by the courts, your lawyer should be able to get you full and immediate custody, although permanent custody will likely require further hearings. To get you to safety, though, it's necessary to ensure you have full and sole control over where the kids go, including to a shelter, if necessary.

5. Long-Term Security

While you understandably want to finalize your divorce with as much haste as legally possible, avoid settling on less than what you need and deserve. Your divorce lawyer can help you hammer out a long-term settlement, addressing the responsibilities of your soon-to-be ex, which, by law, they'll have to meet. Give yourself some time to think about things and picture yourself and children in a year or so from now. Where do you want to be? What would you like to be doing? How do you make those things possible through the decisions you make today?

Divorce isn't usually easy, but it is especially difficult under circumstances of domestic violence. Don't take short cuts now, to get everything over faster, as you really need to make lasting decisions that will ensure your future for the long-term, including your ability to make career changes, have a stable roof over your family's heads, and feel free from persecution, finally. A good divorce attorney can get you what you and your children need, both now and later, you just have to be strong and patient along the way.

For more information about divorce settlements, contact a law firm like Budget Divorce Center.