Did your physically abusive spouse threaten to take your children if you file for a divorce? You can safely get out of the marriage with assistance from a divorce attorney. He or she may be able to help you get custody of your children while going through the divorce process so you won't have to worry about the threats of your spouse. In this article, you will find out how an attorney can help with ending a bad marriage when children are involved.
1. Make Sure You & the Children Are Safe
Ending a physically abusive marriage should begin with making sure the other party is unable to harm you and the kids. A divorce attorney will be able to help you get a restraining order on an emergency basis to prevent your spouse from coming near you or the children. The restraining order might only be temporary until your divorce has been finalized in court. Your abusive ex will likely be asked to leave the residence during the divorce process, unless you intend on leaving.
2. Request Temporary Child Support
Temporary child support can be requested if you will have custody of the children during the divorce process. The reason the child support will only be temporary is due to a judge needed to review everything that is contained in the petition to come up with a child support payment amount. The temporary payment amount will likely be based on your spouse's income, but your income will be considered as well if you have a job. The child support amount can increase after the divorce is finalized.
3. Gather Evidence of Physical Abuse
Proving that your spouse is actually physically abusive will play a big role in custody arrangements for your children, as you may able to get full custody. If you have ever filed a police report on your spouse for domestic violence, your attorney can use it as evidence of physical abuse. It is common for law enforcement officers to obtain photographs at the time that a domestic abuse report is filed. The attorney may also ask other people about your physical abuse, such as neighbors, friends and family in case they can act as witnesses.
4. Draft Up the Ideal Divorce Petition
An attorney can make sure that you are given possession of your house so you and the children will have a place to stay. He or she can also draft up a petition for you to maintain possession over a vehicle for transporting the children. Everything that is placed in the divorce petition will depend on marital assets, the children's needs and the situation in general. Speak to a divorce attorney, like Kleveland Law, as soon as you are able to.