Safety is always a top priority, both for yourself and for any children in your life. If you are a victim of domestic violence or spousal abuse, then the possibility of divorce is very likely to be on your mind.
The question remains as to whether or not the presence of domestic violence in your marriage will affect the actual divorce process. By understanding what to expect from divorce proceedings as a victim of domestic violence, you can proceed with greater confidence as you put the split in motion.
Do you need to provide evidence of abuse when filing for divorce?
Minnesota statutes on the dissolution of marriage imply that the state follows a “no-fault” policy when it comes to divorce. This means that it is not necessary to establish that one party’s actions are the instigating factors for the divorce.
Pursuing a no-fault divorce can be to your benefit, as filing for an at-fault divorce requires disclosing the misconduct of your spouse and producing evidence. If you have reason to worry about your safety, acting to obtain evidence of abuse or violence can put you in harm’s way.
Will domestic violence affect the outcome of a divorce?
In an at-fault divorce, the presence of abusive or violent behavior will greatly affect matters such as asset distribution. This can remain true to a certain extent even in a no-fault divorce. Regardless of divorce type, abusive behavior will very likely sway a judge’s decision regarding child custody and safeguarding a child’s well-being.
Keep in mind that you can request an order of protection for the duration of your divorce if you have further concerns regarding your well-being. By taking advantage of the options available to you, you can achieve a safe and favorable divorce.
