Getting divorced is intimidating, but when you are divorcing an abuser, it can be terrifying. Working with an experienced attorney can help you take steps toward divorcing safely.
Key Takeaways:
- Domestic violence can encompass a range of behavior including physical abuse, emotional abuse, sexual assault, financial control, and threats–these offenses are taken very seriously in Massachusetts.
- Steps you can take if you are divorcing a violent spouse include seeking protection, documenting the abuse, and consulting with a qualified divorce lawyer.
- Domestic violence can affect aspects of your divorce including child custody, property division, and spousal support.
Divorcing a violent spouse is an incredibly difficult decision to make, and it can feel overwhelming, especially when you’re trying to navigate both the emotional and legal challenges of the situation. However, understanding your rights and the steps you need to take can help you feel more in control and empowered.
If you’re facing domestic violence in your marriage, it’s important to seek help immediately. At O’Connor Family Law, we help people get through their divorces and protect the interests of their family. We also work with people who are survivors of domestic violence, so we have important guidance on getting out of your marriage safely if you are trying to escape an abuser.
In this blog, we’ll discuss the steps you should take, what to expect from the process, and how the legal system handles domestic violence cases in Massachusetts.
Understanding Domestic Violence in Massachusetts
Domestic violence refers to any pattern of abusive behavior used to gain control or power over an intimate partner. It can involve physical abuse, emotional abuse, sexual assault, financial control, and threats. In Massachusetts, domestic violence is taken very seriously, and there are laws in place to protect victims.
While domestic violence often leads to physical harm, it can also be psychological or emotional, with the intent to manipulate, control, or isolate the victim. It’s important to recognize the various forms of domestic violence, as they can affect your safety, your children’s safety, and your ability to move forward with the divorce process.
Steps to Take If You Are Divorcing a Violent Spouse
If you are considering divorce and your spouse has been violent, it’s important to take immediate steps to protect yourself and your children. Here are the critical actions you should consider:
1. Seek Protection
The first step in divorcing a violent spouse is to ensure your safety. Massachusetts law allows victims of domestic violence to file for a restraining order (also known as an abuse prevention order). This order can prohibit your spouse from contacting you or coming near you, and it may also remove them from your shared home. If you are in immediate danger, call 911 and seek emergency shelter if necessary.
2. Document the Abuse
It’s essential to keep a record of any instances of domestic violence. This documentation can be crucial in your divorce proceedings. Keep a journal of all abusive incidents, including dates, times, and what occurred. If you have physical injuries, take pictures, and visit a doctor to get medical records. These records can serve as evidence in court.
3. Consult with a Divorce Lawyer Experienced in Domestic Violence Cases
Divorcing a violent spouse requires specialized knowledge of the law, particularly how it relates to domestic violence. It’s important to consult with an experienced divorce lawyer who understands how to navigate these sensitive situations. Your lawyer can guide you through the process of securing protection orders, handling custody arrangements, and ensuring that your rights are upheld throughout the divorce.
How Domestic Violence Impacts Divorce in Massachusetts
In Massachusetts, the presence of domestic violence can significantly affect the divorce process, particularly in areas such as custody, property division, and spousal support. Here’s how domestic violence can influence your case:
1. Custody of Children
Domestic violence can have a significant impact on child custody arrangements. In Massachusetts, the courts prioritize the safety and well-being of the children, and if your spouse has been violent, it will likely affect their ability to have custody or visitation rights. Courts will consider whether the abusive parent poses a threat to the child’s safety and emotional well-being.
If your spouse has been abusive, your lawyer can help you seek sole custody, or at least supervised visitation, if your spouse is allowed to maintain any relationship with the children. The court may require a professional evaluation to determine the best arrangement for the children’s safety and emotional health.
2. Property Division
Massachusetts follows the principle of equitable distribution when dividing marital property. Domestic violence can influence how assets are divided. If your spouse’s violence has led to financial hardship or has resulted in you being controlled or isolated, the court may consider these factors when determining an equitable division of assets.
In cases involving domestic violence, the court may also consider whether the abusive spouse’s behavior was intentionally harmful to your financial stability, which can affect the division of property and assets.
3. Spousal Support
In some cases, spousal support (also called alimony) can be awarded to a spouse who needs financial support after a divorce. If your spouse’s violence has made it difficult for you to work, or if you’ve been financially dependent on them, the court may consider domestic violence when determining whether alimony is appropriate.
Filing for Divorce in a Domestic Violence Situation
When you’re divorcing a violent spouse, the divorce process itself may become more complicated. Here’s how the process may differ:
1. Separation and Protection
You may need to physically separate from your spouse before or during the divorce process to ensure your safety. Many victims of domestic violence seek shelter or move in with family members or friends until they are able to get legal protection.
Once you file for divorce, your lawyer can request temporary protection orders and other measures to keep you and your children safe, which can include a request for temporary child custody, temporary alimony, and orders to prevent your spouse from contacting you.
2. Requesting Temporary Orders
While your divorce is pending, you can ask the court for temporary orders regarding custody, child support, and spousal support. These orders can also include the continuation of any restraining orders you have in place. Your lawyer will assist you in presenting the evidence of domestic violence to the court to support your requests.
3. Proceeding with Divorce
Once you’ve taken steps to protect yourself, the divorce itself will proceed much like any other. Your lawyer will help you prepare the necessary documents, represent your interests in court, and negotiate for a fair settlement. If your spouse continues to be violent or refuses to cooperate, your lawyer will be prepared to take the necessary steps to protect your rights.
Divorcing a violent spouse is a complicated and emotionally charged process. It’s crucial to have the support of a knowledgeable and compassionate divorce lawyer who can help you navigate this challenging time. A skilled lawyer will not only protect your rights but also ensure that your safety is prioritized throughout the legal process.
O’Connor Family Law Can Help You Divorce Safely
At O’Connor Family Law, we understand that divorcing a violent spouse is a sensitive and difficult matter. Our team is committed to advocating for your rights and providing the support you need during this challenging time. With years of experience in handling domestic violence cases, we are prepared to help you navigate the divorce process while ensuring that you and your family are protected.
Reach out to schedule a free case evaluation and learn more about how we can guide you through the process of divorcing a violent spouse and securing a safer, brighter future for you and your children.