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A divorce can be emotionally taxing on you and your children. If your spouse is abusive, the extra precautions you must take to protect your family can add to the stress you are already experiencing. To help you start the process, here are a few steps you should consider taking:
Petition for a Restraining Order
The physical health of you and your children is more important than anything else. If you believe that your spouse will harm your family, you can petition the court for a restraining order. The initial order will be temporary. A hearing will be set for a later date to determine if the order should be extended to a longer period.
Obtaining the temporary order is easier than getting approval for the permanent order. To get the permanent order, you will need to show that your spouse is abusive and is a danger to you and your children's welfare. The more evidence you have of this, the better it will be for your case. Your attorney can have witnesses subpoenaed, if necessary.
Choose a Guardian for Your Children
Unless you want your spouse to have custody of your children if you die, you need to select a guardian and make it legal. Designating a guardian will be difficult because you not only have to choose someone responsible to raise your children, but you also must prove that the other parent is not fit to have them. Even if you have a restraining order, it might not be enough.
Filing for sole legal and physical custody of your children is likely the best route. If you have legal custody, you have the rights to make decisions about the children's futures. It will also make it easier for your chosen guardian to retain rights if you pass away.
Determine What Is a Fair Settlement
After the divorce, you will lose the income that your spouse contributed to the household. Being abusive does not excuse your spouse from his or her financial obligation to the children. Even if you have custody of them and his or her visitation is limited, legally, he or she is still required to support the children.
Before you ask for child support, alimony, and a share of the marital assets, you need to determine what would be fair to you and your children. Your local divorce attorneys and a financial advisor will likely work with you to help decide on what would be considered fair.
Share20 October 2017
