Divorcing a Violent or Dangerous Person

By Sheryl Rentz on September 23, 2022

Leaving a relationship is difficult at the best of times. If this relationship is abusive, this makes it so much harder. Spousal abuse can pose safety risks and financial issues, so if you want to leave a relationship with a violent or abusive partner, the Law Offices of Sheryl R. Rentz, P.C., is here to help you through the entire process.

The Ways In Which Divorce Proceedings Are Different

If you are filing for a divorce because your spouse is abusive, there are several ways in which your divorce proceedings will be different. For starters, you will be able to request a protection order from the court during your divorce. This could be in the form of a temporary restraining order that will require your spouse to not have any contact with you and stay away from you.

These types of orders can be ordered immediately if a judge believes your safety is in danger, but if your spouse disputes the need for a protective order, then you may need to hear a hearing so the judge can hear both sides before making a decision.

A divorce can also be obtained much faster if it is an abusive marriage. Previously, when filing for a divorce, even in an abusive situation, both spouses were required to consent to the proceedings before they could move forward. If one spouse did not consent, then this would cause the legal proceeding to drag on for a long time.

Under the new law, people experiencing domestic or emotional abuse are able to file for divorce without any lengthy delays. The court-ordered counseling process that is usually part of court proceedings has been eliminated in situations where the victimized spouse objects to it.

No-Fault or Fault-Based Divorce

Generally, there are two types of divorce. The first is fault-based where the filing spouse must claim that there is a specific legally recognized reason for the breakup. If you are in an abusive relationship and want to file for a fault-based divorce, you will need to prove your claim of abuse by presenting evidence in court and the judge may require you to testify or file an affidavit swearing that you have experienced spousal abuse. This can often become contentious and may add fuel to the fire in an already dangerous situation. These divorces often take longer and are more expensive than no-fault divorces.

On the other hand, you may file for a no-fault divorce. Here, the filing spouse will request a divorce based on one of the state’s no-fault legal grounds. The filing spouse does not have to claim that there has been any misconduct to get a divorce. They simply need to tell the court that the marriage is over and there is nothing they can do to reconcile it. If you are looking to get out of a marriage quickly, and for the proceedings to be relatively cheap, then a no-fault divorce may be your best bet.

How to Handle Things When You Have Kids

When there are kids involved, the judge’s primary concern in determining custody is the child’s best interest. If there is a history of abuse or violence, then the judge will consider this before making any custody decisions. Courts are likely to limit an abusive parent’s rights or even terminate their rights in extreme cases.

How a Lawyer Can Help You

If your divorce involves domestic violence, the team at the Law Offices of Sheryl R. Rentz, P.C., understands how tough it can be. However, we are here to let you know that it is possible, and we can help you ensure that your legal case goes smoothly. Give us a call today at (610) 645-0100.