Negotiating a Divorce Settlement with an Abusive Spouse

Negotiating a Divorce Settlement with an Abusive Spouse

Divorce is never an easy process. It becomes especially complicated and emotionally trying when one spouse has been physically or emotionally abusive to the other.

Before you file for divorce from an abusive spouse, it’s important to be aware that there are court protections available to you. Especially if the abuse was recent, you should consider getting a temporary protective order or a restraining order. Doing so can accomplish the following:

  • Prohibit your spouse from coming within a certain distance of you, your home, your place of work, your school or other locations you frequent.
  • Give you the exclusive use of your home and a vehicle during the divorce process, even if your spouse is the one responsible for paying most of the bills.
  • Give you temporary custody of your children.
  • Order your spouse to pay child support and alimony as the divorce proceeds.
  • Prohibit your spouse from canceling insurance policies, removing your name from accounts, shutting off utilities or doing anything else that would harm you physically or financially.

Once you have your restraining order in place, you can devise a plan with your attorney regarding how you will go through the negotiation process. In general, it is a good idea to limit direct contact as much as you can. Your divorce attorney will be the one to handle contact with your spouse or his/her attorney.

For more information on the divorce process when abuse is an issue, speak with a knowledgeable Long Island divorce lawyer at Bryan L. Salamone & Associates.

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