Men’s Guide to Divorcing An Abusive Spouse in New Jersey
For better or worse, we all have mental pictures of abusive relationships. The media often portrays men perpetrating violent physical and emotional acts against “weaker” women, but this isn’t always the case. Anyone can be the victim of abuse, but men often suffer in silence or aren’t believed when they try to seek help. This can cause many husbands to stay in abusive relationships and endure treatment they don’t deserve. But there is hope. Your life doesn’t have to be like this forever.
If you are in an abusive relationship and considering divorcing an abusive spouse, you likely feel overwhelmed and uncertain about the process. This guide is designed to provide you with information on divorcing an emotional or physical abuser. We will outline the tactics abusers use during the divorce process, including harassment, intimidation, and hiding assets. We will also discuss how to protect yourself legally from an abusive spouse, and what you’ll need to do to get divorced and leave your abuser for good.
We understand that navigating a divorce from an abusive spouse can be overwhelming, and our goal is to provide you with the knowledge and resources you need to protect yourself. If you are considering divorce from an abusive spouse, we are here to provide you with the information and guidance you need to protect yourself and your family.
Abuse Tactics During Marriage and Divorce
Can a relationship survive abuse? Not if you’re fed up and know you deserve to be treated better. Divorcing an abusive spouse can seem daunting and overwhelming, especially considering the abuse you’ve experienced during the marriage. Unfortunately, abusive partners use many effective intimidation tactics to control their partner, both during the marriage and during the divorce process. During the marriage, an abusive partner may control their partner’s finances, limit their access to friends and family, and monitor their every move to keep them as isolated as possible. Even worse, they may use verbal or physical abuse to maintain control and intimidate their partner. In some cases, an abuser will actually threaten divorce to try to instill the fear of abandonment. If you’re wondering how to respond to divorce threats, our opinion is to call your abuser’s bluff and leave before things escalate.
If you’ve felt trapped and unable to leave the relationship due to fear of retaliation or a lack of resources, you’re not alone. Many victims find themselves in the same situation. However, there’s always hope. These same victims have been able to leave their marriage with the assistance of friends, family members, and their family law attorney.
Even once you’ve left your abuser, you may still need to prepare for a struggle. When it comes to divorce, abusive partners may use similar tactics to further intimidate and control their partner. They may threaten or physically assault their partner to discourage them from pursuing the divorce or from seeking custody of their children. The victim doesn’t need to be living in the same home as the abuser to continue being intimidated – in fact, in some cases, abusers may actually escalate their tactics after a separation. They may also refuse to cooperate with the divorce process by failing to respond to legal filings or by hiding assets.
Children can also be a source of manipulation and control for an abusive partner during the divorce process. They may use the children to threaten or manipulate their partner, refusing to allow them access to the children or using them as pawns to force their partner to comply with their demands. Parental alienation is common in divorces from an abusive spouse.
If you’ve experienced abuse during your marriage and are considering divorce, it is important to work with a family lawyer who has experience working with abuse victims. Remaining informed throughout the process will make you feel reassured and strong enough to tackle the challenges that come your way. A knowledgeable attorney can help you understand your legal options and advise you on how to protect yourself and your children throughout the divorce process. They can also help you obtain legal protections, such as restraining orders, and represent you in court to ensure that your rights are protected. Working with a trusted family lawyer will make you feel more secure and confident about the divorce process.
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Legal Protections Against Abusers
If you are in an abusive relationship, it is crucial to protect yourself legally from your spouse. One way to do this is by obtaining a restraining order. A restraining order can prevent your spouse from contacting you, coming near you, or even coming near your workplace or home. However, the sad truth is that a restraining order won’t always stop an abuser from harassing their victim. Always remain vigilant, even if you have obtained a restraining order.
Another important step is to document any abuse or harassment. Keep a record of any threatening messages or incidents of physical violence. This documentation can be used as evidence in court to support your case. If you have children together, a judge may use this evidence to justify supervised custody exchanges and other strategies to keep you and the kids safe. But don’t go out of your way to collect evidence; minimizing contact is always the best option.
Steps for Divorcing An Abusive Wife in NJ
If you are considering divorce from an abusive spouse in New Jersey, there are several steps you will need to take. First, you will need to file a Complaint for Divorce with the Superior Court of New Jersey. You can file for divorce on the grounds of irreconcilable differences or on the grounds of extreme cruelty, which includes physical or mental abuse.
Once you have filed for divorce, you will need to serve your spouse with the Complaint. If your spouse is abusive or you fear for your safety, it may be best to have a professional process server or law enforcement officer serve the Complaint.
After your spouse has been served, they will have 35 days to respond. If they do not respond within that time frame, you can file for a default judgment. If they do respond, you will enter into the discovery phase, where both parties exchange information and evidence.
Finally, if you and your spouse cannot come to a settlement agreement, your case will go to trial, where a judge will make a final decision. This is why it’s extremely important to have collected evidence of any abuse that may have taken place during the marriage, especially abuse that may be related to your finances or divorce.
Family Lawyers for Divorcing an Abusive Spouse
Navigating the divorce process from an abusive spouse can be overwhelming, which is why it is important to have a family lawyer on your side. A family lawyer can help you understand your legal rights and options, advise you on how to protect yourself and your family, and advocate for you in court.
At The Micklin Law Group, we have extensive experience helping clients navigate the divorce process from an abusive spouse. We understand the sensitive and emotional nature of these cases and are committed to providing compassionate, personalized, and effective representation. Contact our divorce lawyers for men today to schedule a consultation and take the first step towards a better future.