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Divorcing an Abusive Spouse

Spousal abuse is an unfortunate and far-too-common problem in some homes. Whether you or your children are suffering from emotional or physical abuse, it’s pivotal you seek safety as soon as possible protect yourself and your family from further harm as well as begin the divorce and prosecution process. Domestic violence is a criminal offense in the state of New Jersey, as well as grounds to file for divorce. But abusive spouses may react negatively to the news that they are being divorced, so you will want to make sure you seek safety through the legal system before serving notice. Here’s how you can safely divorce an abusive spouse.

Seek Refuge

If you have been the victim of abuse, you should find a time in which you can leave your home immediately and seek help from law enforcement or a support center. Domestic violence care centers are fairly frequent and odds are one is not far from you. It’s imperative you and your children should get away from an abusive spouse as soon as possible.

This will involve leaving your home which can be a scary thought, particularly since most of your possessions will still be there. Don’t worry about these for now; your own safety is more important. Leaving your home out of fear for your own safety does not mean you give up your claim to it or your possessions inside. This will be taken care of later. However, the court does require you have a good reason for leaving, so only leave if you are being physically or emotionally abused, otherwise consult with a legal professional to discuss your case further before leaving.

File for a Restraining Order

New Jersey allows victims of abuse to file for temporary restraining orders which can prevent an abusive spouse from coming within a certain distance from them, contacting them (or their children), and in some cases even force them to move out from the marital home. It’s crucial that you seek this protection as soon as possible, because violating it can result in even further legal action against your spouse and increase the chances that your divorce will go in your favor. Be sure to discuss the details of your case with your judge when obtaining this order so you can be protected in the most adequate manner.

Speak With an Attorney

A skilled attorney can help you put the law on your side when dealing with an abusive spouse and work with you to dissolve your marriage and help you quickly move on with your life. A Hackensack divorce attorney from Moskowitz Law Group, LLC can help you use the civil courts in New Jersey to your advantage, and acting quickly can help you secure as many rights as possible, including foregoing typical notice requirements while still keeping possession of your valuable assets such as your home and your car, plus child custody.

Because domestic violence is an extremely serious situation, the courts do require considerable evidence when you file a claim. If you are not familiar with the legal system, you may not be aware of what they need. When you discuss your case with an attorney, they can help you present your case adequately and give as much supporting evidence as possible and maximize your chances of the best possible outcome.

At Moskowitz Law Group, LLC, we understand the importance of immediate action in the event of domestic violence cases. For this reason, we are dedicated to client service and 24/7 availability to help you. We understand the need for a powerful ally when you don’t know where to turn, and our team will work quickly to help you seek safety and maintain your rights throughout your divorce process. With more than 50 years of combined experience, we have the knowledge you need to help you through this difficult time.

Call Moskowitz Law Group, LLC for a free case evaluation if you or a loved one have been suffering from domestic violence.