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How to file divorce in case of domestic violence?

HomeDivorceHow to file divorce in case of domestic violence?

First and foremost, if you are a victim of domestic violence, you are doing the right thing by filing for divorce.

Here are the imperative pointers:-

  • Concentrate on your and your children’s safety and then take the first step in filing the case.
  • It is better to talk to an attorney in such cases.
  • Do not leave the house until you have talked to your attorney; however, be safe.

If you leave the house, you might not be able to get its possession post-divorce until the case is sort. But, again, if the situation calls for your safety, it is best to leave rather than stay.

  • You can always get a civil court order without the typical notice requisites. Hence, you can keep possession of the car, the house, and also temporary custody of your children. With the aid of the order, your spouse is direct to stay away from you and the kids.
  • You are required to fabricate a complete list of facts for domestic violence. Evidence and testimonials are of significance.
  • You can either file a complaint all by yourself or take assistance from an attorney.
  • If you and your spouse agree on the custody, child support, parenting time, alimony, and the like, well and suitable. Otherwise, you can write an agreement and let the judge make the decision.
  • The judge will decide on the things that you and your spouse cannot agree on.
  • It is in these cases that evidence and testimonials come in handy.
  • If your spouse is abusive and you have all the evidence gathered against them, you are liable to get custody of the child. Visitation, supervised by a professional, is pursued in most instances or even permanent termination of the parental rights of the abuser.
  • Most of the time, judges award a large share of the marital estate to an abused spouse.


Important: The articles available on are neither legal advice nor a replacement for an attorney. The contents are general information and guidance concerning different legal issues. We make sure that these articles prove helpful to you, but we do not promise or guarantee that they are suitable for your condition. We also do not take responsibility for any loss that might cause to you using these articles. Hence, we strictly suggest you get expert legal advice. Consult or hire an attorney in case of any doubt.