Surviving Divorce as a Domestic Violence Survivor

 Posted on October 20,2023 in Domestic Abuse

Domestic violence is something no one should ever have to face. Your spouse has no right to use violence against you no matter what. If you are currently in a marriage where you are being abused, getting divorced may be one of the necessary steps towards safely escaping the relationship. There are certain precautions you may want to take before you start the divorce process. It is important to inform your lawyer if you have suffered abuse during the marriage so that they can make sure to put your safety first. You may need to find a safe place to stay before filing if you are afraid that your spouse could react violently, or alternatively, your lawyer may be able to get a special kind of court order that forbids your spouse from coming near you. Safety planning is of the highest importance when you are divorcing your abusive spouse. 

Consider a Protection Order

Your lawyer might be able to help you obtain a protection order against your spouse before officially filing for divorce on your behalf. A protection order tells your spouse to stay away from you, and they can be arrested if they do not comply with the order. One of the advantages of using this type of order is that you will generally be able to stay in your home while your spouse is forced to stay elsewhere. Your ex can also be ordered to stay away from your workplace and your children’s schools in addition to being required to give up their weapons. 

Let Your Lawyer Advocate for You

If your spouse has abused you, trying to work with them directly is not likely to lead to success. It may be better for you to avoid types of mediation where you would have contact. Attorney-facilitated negotiation may be a better option. Your attorney can negotiate directly with your spouse’s attorney to try to reach an agreement without you needing to see your spouse. This gives them no opportunity to further abuse you in any way. Some survivors of domestic violence may need to resolve their divorces in court if their spouse will not cooperate with a collaborative divorce process. 

Seek Out Resources

A large number of resources for domestic violence survivors exist. It is often worthwhile to explore what services may be available to you. You may find resources like support groups or organizations that provide more practical forms of assistance. Leaving an abuser is hard, so there is no reason not to take advantage of the help that is available. 

Contact an Arlington Heights, IL, Divorce Lawyer

Law Offices of Donald J. Cosley is committed to fiercely advocating for survivors of domestic violence. Attorney Don Cosley, a highly reputable Cook County divorce attorney, will do all he can to help you successfully end the abusive marriage. Contact us at 847-253-3100 for a complimentary initial consultation.