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Thinking About Divorce? Here’s What You Need to Know

Having a life partner is a wonderful feeling. Being able to share your daily life with a person who cares deeply about you is something you can cherish forever. However, as with many situations in life, sometimes, things just don’t work out. In the United States, the most recent divorce rate is 2.9 per 1,000 population, according to the Centers for Disease Control and Prevention.

As the U.S. Census Bureau reports in the 2017 Current Population Survey, there are approximately 130 million married adults in America, but close to half of all marriages end in divorce.

Divorces are fairly common in our society, as it’s important that people have an avenue to exit an unhealthy relationship. Divorce can be different for everyone, as each relationship will have its own ups and downs and its own strengths and weaknesses.

It’s part of life that sometimes people may grow apart and may be better off on their own. If you’re thinking about divorce, here’s what you need to know to keep your family happy and healthy.

Don’t Beat Yourself Up

There’s no secret that every relationship takes a lot of work. You can’t put minimal effort in and expect marriage to thrive and last forever. Relationships are built on love, trust, and communication, and if you’re missing one of these core pillars, you’ll really struggle to keep things going.

While you should certainly do your part to make your marriage work, you also should feel proud of yourself for doing the best you could. There comes a time when you realize that things just aren’t working, and perhaps for your safety, wellbeing and personal happiness you’ll be more successful if you’re separated.

The key is that you shouldn’t be too hard on yourself once you reach the point of moving forward separately. This is especially true if you are the victim of physical, verbal and/or emotional abuse.

If you have been mistreated, neglected and/or lied to by an unfaithful, unloyal or uncaring partner, then you should try your best to find a safe space where you can talk about your feelings and process what your future could be.

Your spouse’s behavior may be out of your control, and you need support and guidance to help you understand the idea that there’s nothing more you could have done. If you’ve given it your all and it still wasn’t enough, then divorce is definitely the most viable option. A highly reputable and regarded family attorney can help you through the process.

You Have Options During a Divorce

Oftentimes, people stay in unhealthy relationships because they think they have no choice. They worry about what will happen to their families and their finances if they leave.

While it’s understandable to be concerned about these things, it’s also important that you put your own happiness and wellbeing first for a change. There are options to explore when you want to separate from your spouse.

Lawyers who specialize in divorce can help you navigate your new path to a better life on your own. Even the most complicated situations, such as those involving monetary disputes and child custody arrangements, can be worked out with the help of family attorneys who dedicated their lives to supporting others during difficult times.

Even though the idea of divorce may seem very daunting and overwhelming to you, it’s a more attractive alternative than being unhappy and miserable for the rest of your life in a doomed marriage.

It Won’t Always Be This Way

Another thing you should remember when facing divorce is that you will make it through this speed bump. Your life won’t always be like this, and by moving forward and getting on with your life you’ll be opening up opportunities for more personal happiness and success.

While it may seem like the pain and sadness will never go away, it will as time passes.

Divorces can be amicable, hostile and everything in between. Knowing what you know about your partner, you can gauge how they may react and respond to divorce proceedings and prepare accordingly. If you’re worried, they will be very angry and aggressive, then it’s in your best interests to contact a divorce attorney sooner rather than later.

Legal guidance can make a huge difference in the divorce process, and you won’t regret having someone by your side with the appropriate knowledge and expertise to help with your situation. Regardless of what happens during your divorce, just hold steady to the idea that your future will be great. Moving on with your life can have such a positive impact on you and the people who care about you.

Your Future is Bright

It’s totally true that your post-divorce life is full of promise and potential. If it’s time for you to move on, think of this as an opportunity for you to focus on the things you are truly interested in.

Your family and friends will learn to adjust to your new normal, as will you. It will require patience and flexibility, but your life is far from over just because you’re getting a divorce. There’s hope on the horizon; you’ll be much happier and healthier once you kiss a soured relationship goodbye.

It will be good for your family members to see you taking care of yourself.

Hiring a Lawer For Your Divorce

If you are thinking about divorce, but don’t know what to do, we can help you. There are plenty of resources out there and many people who have been in your shoes. You’d be surprised how many people there are who can relate to your situation and give you guidance.

Plus, you can always contact divorce attorneys who would are happy to help get you moving forward. This is a call you won’t regret making. Good luck on your new journey!

domestic violence and divorce

What You Need to Know About How Domestic Violence Could Influence Your Divorce Case

Did you know that more than 10 million women and men are physically abused by an intimate partner annually? Divorces with domestic violence more common than you think.

It’s no wonder so many people eventually have to find a lawyer to help them in their situation.

Divorces are one of those things that can often turn very messy.

Keep reading to learn what you need to know about domestic violence and divorce.

What to Know About Domestic Violence and Divorce

Going through a divorce is a stressful and complicated process. When you add domestic violence and divorce to the mix it gets even more complicated. If you are a victim of domestic violence you should immediately find an experienced top family lawyer to determine the best legal actions to protect you and your family.

Federal and state statutes have been put in place to discourage and punish acts of domestic violence. In 1994 Congress passed the Violence Against Women Act. States have put in place Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

Get Help

Domestic violence is a situation that can happen to anyone. First, protect yourself to be safe from further harm. If you’re under domestic violence threat call the police or get out of the house.

At this point don’t worry about how this will impact your divorce get yourself in a safe environment. Once you are in a place where you don’t feel threatened consult with a divorce attorney about the legal consequences of moving out, separation, and getting protective restraining orders.

Restraining Orders

Every state has its own legal rights and options to protect themselves against their abuser. A knowledgable attorney will help the abused victim get a restraining or protective order to provide them with legal protection. Depending on the state a restraining order can force the court to order the abuser to vacate the home and stay somewhere else.

If the abuser were to violate this court order they will have serious consequences. This can include arrest and trouble un future child custody hearings.

Alimony and Domestic Violence

Depending on the state domestic violence can be a factor the court considers when determining alimony payments. Some states consider violence as instances of marital misconduct. This might cause the court to adjust an alimony award during a divorce.

Child Custody Rights and Domestic Violence

The first step before finalizing a divorce or even starting a divorce process seek an emergency protective domestic violence restraining order. Then ask the judge for temporary custody and only supervised visitation rights. You want to keep your child or children safe.

Once the child custody cased is opened the judge will review the case and make a decision. Some states will not grant sole or shared child custody to a parent that is found guilty of domestic violence.

In some states, the courts can consider abuse against any of the following related to the other parent not just abuse against the other parent:

  • Child’s grandparent
  • Roommate

Splitting up Assets During a Divorce with Domestic Violence

When it comes to divorce and splitting up assets domestic violence plays a major role. The following covers different ways that domestic violence affects assets.

Domestic Violence as Economic Misconduct

Some states don’t allow the courts to consider marital fault when it comes to domestic violence. Instead, they permit the consideration of economic fault. For domestic violence to be considered in the splitting of assets the court has to find evidence of the economic impact the abuse caused.

Evidence that is allowed to be presented in court to prove economic misconduct includes:

  • Loss of a job because of calling out due to injury
  • An illness that resulted from domestic violence
  • Victim having to move to avoid violence
  • Higher health care costs

Domestic Violence as a Casual Factor

In some states, domestic violence has an impact on splitting up assets. If the state considers fault to domestic violence to be a factor in divorce proceedings then it will have a significant impact on the outcome.

In some jurisdictions, domestic violence is specifically addressed and weighed in the process of property division and assets division. Some courts will assume the abuse was the causal factor in the divorce and marital breakdown.

Domestic Violence Limited to Egregious

Some states only view domestic violence as being relevant when splitting assets if the abuse was egregious. This means the abused will have to establish that the abuse was in fact egregious. It can have different connotations depending on the courts perspective this can vary.

Splitting assets during the divorce with domestic violence in a state that needs to see the abusive situation as extreme and shocking will need extra work on the abused side. This is why an experienced lawyer is always recommended.

Domestic Violence in the Exclusion of All Fault

This is when fault isn’t considered under any circumstance in the division of assets. This completely excludes domestic violence as a factor from the divorce.

These states adhere to the Uniform Marriage and Divorce Act. This act requires the division of assets without regard to marital misconduct.

Call an Experienced Attorney

As the information above reinforced contact a knowledgeable attorney to make sure you’re going in the right direction. As mentioned earlier divorce isn’t an easy situation and if you are adding domestic violence to it there’s more emotional baggage and legal situations to deal with.

Please keep in mind if you have children and are going through a divorce and dealing with domestic violence make sure your children are out of harm’s way.

Looking for a lawyer to handle your domestic violence and divorce case? Find the perfect lawyer for you in our 6,000 plus listings.

 

Sources

[1] NCADV | National Coalition Against Domestic Violence. (n.d.). Retrieved from https://ncadv.org/statistics

[2] A Guide to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, 1998-2008. (n.d.). Retrieved from https://www.lib.utexas.edu/taro/utlaw/00040/law-00040p119.html