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Divorce and Domestic Violence

Unfortunately, domestic violence is not a rare occurrence in a marriage, particularly when spouses are in the process of a divorce. A great number of divorcing women say they have experienced domestic violence during their marriage. Domestic violence is any form of assault and battery inflicted on one family or household member by another, which causes physical and emotional harm or death.

During the dissolution of marriage, abusive men may be more likely to seriously harm their spouse and their children. In fact, 70 percent of all instances of domestic violence in a marriage occurs after the couple has separated. It is extremely important for a divorcing woman to be aware of the increased risk of martial violence and keep herself and her children out of harm's way. Some warning signs that may escalate domestic violence during divorce include:

  • The victim of domestic violence has children not fathered by the abuser
  • The abuser falsely accuses his spouse of infidelity
  • The abuser has access to firearms and weapons
  • The abuser has threatened to injure or kill his spouse or her loved ones
  • The abuser has an alcohol or drug problem

When domestic violence is a factor in a divorce case, it can have a great impact on the divorce process and other family law issues. Competent divorce attorneys should ask their clients if they are in danger of abuse and be prepared to handle domestic violence issues throughout the divorce process. Women who have suffered domestic violence need to know when their husbands will be served the divorce papers in advance in order to find themselves and their children a safe place to stay.

Domestic violence divorce cases should never be handled through mediation. It is vital that the case be handled in court so that a judge can issue orders against the abuser and avoid joint legal or physical child custody and visitation rights . If you are a victim of domestic violence, it is vital to speak to an experienced divorce attorney who will fight to protect your safety and legal interests.

While domestic violence is a real instance in many divorce cases, sometimes the accusations may be false. Divorcing couples are often involved in messy disputes that lead an angry spouse to claim abuse. If you have been falsely accused of domestic violence , you may lose many of your rights including child custody and visitation rights. It is imperative to seek the help of a qualified divorce attorney who will work diligently to fully protect your legal rights and options.

Please contact us today to learn more about divorce and domestic violence or to speak to a qualified and experienced divorce attorney free of charge.


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