Divorce is a difficult and complicated thing to deal with. It’s not just the ending of the union between two people. It’s two people trying to pick up their own separate lives and moving on. It can be mutual and amicable, or it can get messy and warlike—especially with properties and custody concerned. But when domestic abuse comes into play, it adds a shade of complexity to divorce proceedings, said Marrison Family Law.
Colorado Springs-based Marrison Family Law believes that people who are stuck in such circumstances should have a fighting chance of getting divorced from their abusers. However, as previously said, it can get complicated when domestic abuse is involved. Here are five things you should know how it can affect your divorce proceedings.
Looking for a safe place to stay
Family lawyers involved in such cases always know that a safe place for you and your children to stay is the number one thing you should look for when getting away from your abuser. It can be with your parents, or with close friends and confidantes. There are also domestic abuse shelters you could go to. Family lawyers lie Marrison Family Law can offer a place to stay as well where your abuser won’t find you. Prioritize safety, first, before taking care of divorce.
The necessity of police intervention
Domestic abuse is ugly. And sometimes, it can get deadly. When such things happen, go with your instinct and call the police, says Marrison Family Law. Filing a criminal case against your abuser can be a huge factor to consider when it comes to divorce cases. It can help solidify your claim against your spouse, especially when it comes to custody.
You still have to serve the divorce papers
Having to re-initiate contact with your abuser can be traumatic. However, says Marrison Family Law, for the divorce process to start, you still have to serve the divorce papers to your spouse. While there are other ways of serving papers while not making physical contact with the abuser, the process becomes difficult if you can’t get a hold of your spouse.
Complete custody doesn’t always happen
Even if it’s for the children’s best interests, i.e., so they won’t get hurt, the Court might not automatically give you the full custody of your children, says Marrison Family Law. While domestic abuse plays a huge factor when it comes to custody, the Judge considers the bond between the spouse and your children as well. As such, limited custody might be given to your spouse during the proceedings.
The case for “parental kidnapping”
According to Marrison Family Law, when the kids become affected by domestic abuse themselves, it’s important for you to prioritize your children’s safety. If you’re concerned about whether taking them would be considered as “parental kidnapping,” you shouldn’t. Taking your children elsewhere, as long as there’s no custody order, is considered acceptable under the law, especially if you’re taking them to shelters or someplace away from your abuser for their safety. If it breaks valid custody orders, only then will it be considered as parental kidnapping.
Marrison Family Law specializes in helping couples through complicated divorce proceedings. Book a consultation with a family law attorney to learn more about our services.