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Want to Divorce an Abusive Spouse? Here’s What you Should Know to Move Forward

Spousal abuse allegations are taken by family courts seriously.  Because of this, such allegations can affect parental rights, visitation, and other relevant matters in divorce proceedings. If you are filing a divorce to end your ties with an abusive spouse and you are not sure how to protect yourself and your children, compassionate Centennial divorce attorneys can help you. An experienced lawyer understands how sensitive your situation can be and can be your advocate to protect your rights.

Taking Action

Usually, survivors of domestic abuse find it either too hard or impossible to take the steps toward divorce when considering the legal hurdles on top of the abuse. Although separating from an abusive spouse can be the most challenging aspect of the divorce, it is a great way for survivors to start. However, if you don’t take the necessary actions toward divorce, your experience can only become statistics. Keep in mind that it is common for domestic violence to end up in violence or even murder. Thus, you need to find the right protection, advice, and legal counsel.

Requesting an Order for Protection

An Order for Protection or OFP) is a court-ordered document signed that provides protection from a certain person. As a victim of domestic abuse, you are qualified to petition for this Order. This protection can be life-saving in your situation; however, it is especially powerful in marriage dissolutions that involve children. Also, the order may include protection for you and your children. 

Impacts of Domestic Violence on Divorce

Colorado is a no-fault divorce state, which means parties don’t have to prove the other party did anything wrong to be eligible for divorce. But, domestic violence still plays a role in divorce proceedings. Here’s how it will affect the proceedings:

  • Property division. When it comes to dividing marital property, Colorado follows an equitable distribution. However, this doesn’t necessarily mean equal. Although a judge doesn’t consider domestic violence when dividing property, any indirect effects of the abuse such as financial losses or long-term injuries may be relevant.
  • Child custody. When determining who to grant custody to children, the court will consider your safety and your children’s.
  • Alimony. If the abuse affects your income, employability, and earning capacity, this can impact the spousal support award the court will grant.

If you want to get out of an abusive relationship, a great attorney is available to help you. Although it can be a difficult road to take; however, there is a path to happiness that your lawyer can guide you to.