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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 a right thing, by filing for divorce.

Here are the imperative pointers:-

  • Concentrate on the safety of you and your children 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 has been sorted. 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 the possession of the car, the house and also temporary custody of your children. It is with the aid of the order that your spouse is directed 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 spouse agree on the custody, child support, parenting time, alimony and the like well and good. Otherwise, you can write an agreement and let the judge take the decision.
  • The judge will decide on the things that you and your spouse cannot agree on.
  • It is in these cases the evidence and testimonials come handy.
  • If your spouse is abusive and you have all the evidence gathered against him or her, then you are liable to get the custody of the child. Visitation, supervised by a professional is pursued in most of the instances or even permanent termination of the parental rights of the abuser.
  • Judges most of the times award a large share of marital estate to an abused spouse.

Importantt: The articles available on uslawyer.us are neither legal advice, nor a replacement for an attorney. The articles 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 to your condition. We also do not take responsibility for any loss that might cause to you using these articles. Hence, it is strictly suggested to not to rely on the information provided in these articles completely without getting expert legal advice. It is also suggested to consult or hire an attorney in case of any doubt.