Severing legal ties with an abusive spouse is a courageous decision, but it requires thoughtful planning to preserve your safety and secure your future.
In California, the legal system provides resources and support to help you navigate this challenging process. Here are some steps to take if planning to divorce an abusive spouse.
Seek immediate safety
If you are in immediate danger, reach out to local law enforcement or domestic violence hotlines. California has numerous shelters and services dedicated to supporting victims of abuse.
Creating a divorce safety plan that includes a secure place to stay and trusted individuals to contact is crucial.
Legal protection and restraining orders
Victims of domestic abuse can pursue restraining orders, which can legally prevent your abuser from contacting or approaching you. They can also address temporary custody of children and possession of property.
A legal representative experienced with family law and domestic violence can provide you with tailored support.
Filing for divorce
Once you are safe and have legal protections, you can begin the divorce process. In California, you can seek divorce without the need to prove fault. However, citing domestic abuse may influence the judge’s decisions about child-related matters.
Courts consider the best interests of the child when making these decisions. Informing the court about spousal abuse or violence can help the judge make choices that prioritize your child’s safety and well-being.
Financial considerations
Securing financial stability during and after the divorce is essential for your future. Gather all financial records and work with a divorce representative to obtain a fair share of marital property and spousal support, if needed. Understanding and exercising your rights can set a sturdy foundation upon which to rebuild your life in safety and security.