Domestic Violence and Divorce: A Guide to Protecting Your Safety and Property | Allan Brandon Tise PLLC, Attorney at Law

In North Carolina, the courts take domestic violence seriously, and any documented incidents can affect your divorce proceedings. As a survivor of domestic violence, it is common to feel afraid or confused about how to proceed with getting a divorce. While divorce is never easy, your spouse's behavior has made the process more difficult. You may even feel frozen between the urge to pack up your kids and run and the feeling that you need to stay to safeguard your wellbeing and property. Fortunately, it is possible to get through this difficult time by reaching out for help from people that you trust such as your friends, family and a lawyer experienced in helping families affected by domestic violence.

Domestic violence can range from a single incident of being hit by your spouse to an ongoing pattern of physical abuse and verbal harassment that causes you to fear for your life. If you believe that your spouse may cause life-threatening harm to you or your children, then seek professional advice from a domestic violence counselor or attorney in your area regarding the next steps to take. During a divorce, it is true that complicated decisions must be made regarding the division of property and child custody. However, these things can all be determined later after you have developed a support network that has the resources to guide you safely through filing for divorce.

Depending on your circumstances, it may be safer to continue staying in your residence. However, you should know that an attorney may have options for helping you make the living arrangement more comfortable. For instance, it may be possible to work with an attorney to get a court order that requires your spouse to leave the residence before your divorce is complete. Keep in mind that court rulings are affected by many variables, so seek professional advice regarding your potential outcome.

There are several strategies that can be used to file for a divorce in North Carolina, and it is important to choose the one that best fits your case. For couples that agree about the need for divorce, an absolute divorce is one option that allows you to separate without claiming fault. Unfortunately, it is common with domestic violence cases for one spouse to refuse to go along with the divorce. When this happens, you may need to file for a divorce from bed and board. This is a fault-based divorce that allows things such as property rights to be resolved more efficiently when time is of the essence. Annulment is another option for divorce in North Carolina. With an annulment, it is like your marriage never happened. Typically, annulments are only granted when you have been married for a short period of time and meet certain requirements such as finding out that your spouse is still married to someone else.

It is important to have proof that domestic violence has occurred in your marriage. Save copies of all police reports, medical records and photographs of your injuries. These may be used by an attorney to support your requests for things such as sole custody when your divorce goes to court.

In a typical divorce, it is often encouraged for spouses to work out agreements regarding important issues involving alimony and child support. However, this is not always the best route to take if your spouse has threatened your life or engages in harassing behavior. An attorney can stand in your place during divorce negotiations with an abusive spouse. If you have a protective order in place, then this is an ideal way to continue protecting personal information such as your address that your spouse could use to continue the violent behavior. Allan Brandon Tise PLLC, Attorney at Law, is experienced with handling divorces that stem from domestic violence. Contact his office today for a discreet consultation that helps you initiate the process of protecting your safety.​