Going through a divorce is hard enough, but it is even harder when domestic abuse is involved. It is also difficult when children are involved. If you are getting divorced due to domestic violence you will find that you have extra protections and that it is also going to be easier to get the divorce you are looking for. If you are in an abusive marriage, the best thing you can do is to get out of it and get a divorce.
Divorce And Domestic Violence
You don’t want your children to be affected by domestic violence as this can be traumatic to your children. Living in a household that is plagued by violence can leave a lasting negative effect on any child and it is important that you get your children out of the situation you are in.
It is much easier filing for divorce if domestic violence is involved and you can get divorced faster if you have been abused. If you are being abused, you don’t want to wait to file for a divorce. Get a family lawyer to help you with the divorce so it goes faster, and you get the things you are looking for out of the divorce. You should never stay in a marriage where you are being abused. Getting out of the abusive situation needs to be your first priority.
Domestic Violence And Child Custody
Your ex might threaten to take custody of the kids during the divorce and take them away from you, but the truth is, your ex is going to have a hard time getting custody if you are being abused. The abuser is much less likely to get custody and you are almost guaranteed to get custody of your kids. It is important to back up your claims of abuse with proof.
You will want to give your lawyer police reports, photos and other proof that the abuse took place. This ammunition will ensure that your ex can’t take custody of the kids. The court is not going to award custody to an abuser. The court is also likely to make sure that any visits with the abuser are supervised to make sure they are protected. Your ex usually will be prohibited from having overnight visits with your children as well.
Child Support Issues
When you have been abused and you are going through a divorce and you also have kids, you have to make sure to put their needs first. If the divorce is going to leave you worse off financially, it is going to be important that the quality of life doesn’t go down for the kids. Your children are going to be eligible for child support and they might even get more since they were living in an abusive household.
Being abused does give you a financial edge. Your ex might not want the abuse being know and will settle for a high amount. Your family law attorney should be able to get you the money you need, and your case might not even have to go to trial.
You definitely want to use your abuse to your advantage in the courtroom because you want your kids to have the most money possible. You don’t want your ex to get off without any financial damage and you should always try to get your kids as much money as possible.
Domestic Violence And Spousal Support
If you have been abused by your ex, you are more likely to get more alimony since the abuse was likely to have had an effect on your finances. If you were working during the marriage, the abuse might have affected your job and caused you to miss work. You might even have ended up quitting your job because of the abuse or you might not have been able to work at all.
If the abuse has affected your ability to work and you lost money because of the abuse you are going to be awarded more support to make up for it. You will need to prove your case, so you need to make sure you have proof that the abuse affected your finances. Hiring a good lawyer is the best way to the highest amount of spousal support.
The lawyer is going to be on your side and the lawyer is going to make sure that you get all the support you need so you are not suffering financially after the divorce. It is important that you have enough money to live once the divorce happens and the lawyer will make sure that you are not broke after the divorce.
Property Division Issues
Your chances of getting a more favorable division of assets goes way up when your ex is an abuser. The court is going to consider the behavior of your ex during the divorce proceedings and you are likely to get a larger share of the estate. It is important that you have a good family law attorney when you are going through the divorce.
The court is going to look at other ways that the abuse has affected you financially as well. The abuse might have had an impact on your finances. Your ex might not have been able to hold down a job or spent money wildly along with the abuse. The judge will look at these factors and will possibly award you a larger share of the property. The best way to get what you need is to retain a good family lawyer.
To avoid these kinds of conflict beforehand, it is best to agree to transfer ownership to children by creating a quitclaim deed instead. This will lessen the stress of having to divide tangible assets such as a real-estate property.
If your ex has been abusing you, you want to get out of the marriage fast and you also want to make sure that you hire a family lawyer right away, so you can get the best settlement. The lawyer will help you get the highest amount of child support and alimony that you can get, and you are going to have someone on your side who is going to look out for the best interests of you and your children.