Navigating divorce is never easy, and it can be especially challenging when domestic violence is involved. At times, it can be difficult to know where to turn for help, and the legal system can be confusing and overwhelming. However, there are resources available to assist you in getting through this difficult time. In this article, we will provide you with guidance on how to navigate divorce when domestic violence is involved.
Recognizing Domestic Violence:
Domestic violence can take many forms, including physical, emotional, sexual, and financial abuse. It is important to recognize the signs of domestic violence in order to seek help and protect yourself. Some signs of domestic violence include:
- Physical injuries, such as bruises or broken bones
- Constant criticism and belittling
- Controlling behavior, such as monitoring your every move or isolating you from family and friends
- Sexual coercion or assault
- Financial control, such as withholding money or preventing you from working
If you are experiencing domestic violence, it is important to seek help immediately. There are many resources available to assist you, including shelters, hotlines, and legal services.
Filing for Divorce:
Filing for divorce can be a daunting process, especially when domestic violence is involved. It is important to seek the assistance of an experienced family law attorney who can help guide you through the process. Your attorney can help you obtain a restraining order to protect you and your children from your abuser.
If you have children, it is important to consider their safety and well-being. Your attorney can help you obtain custody and visitation orders that will protect your children from your abuser. In some cases, supervised visitation may be necessary to ensure the safety of your children.
Dividing Assets:
In California, all property acquired during marriage is considered community property and must be divided equally between the parties in a divorce. However, when domestic violence is involved, the division of assets can become complicated. Your attorney can help you obtain a protective order that prohibits your abuser from selling or disposing of community property.
Your attorney can also help you obtain spousal support and child support. Spousal support is intended to provide financial assistance to the lower-earning spouse, while child support is intended to provide financial assistance for the care of your children.
Conclusion
Divorce can be a difficult and emotional process, especially when domestic violence is involved. However, there are resources available to assist you in getting through this difficult time. If you are experiencing domestic violence, it is important to seek help immediately. An experienced family law attorney can help guide you through the legal process and protect your rights. Remember, you are not alone, and there is help available.
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