Introduction
When facing domestic abuse, it is crucial to remember that you are not alone. Shockingly, research suggests that nearly 1 in 4 women and 1 in 9 men encounter severe physical violence from an intimate partner throughout their lives. Fortunately, Delaware law acknowledges the grim reality of domestic abuse and offers legal avenues for victims seeking to terminate their marriages.
Understanding Domestic Abuse
Domestic abuse encompasses various forms, such as physical, mental, emotional, and sexual abuse. It occurs when one intimate partner or spouse utilizes their power and control to inflict harm or intimidate the other. Crucially, domestic violence can impact individuals irrespective of their age, race, gender, or socioeconomic status.
Filing for Divorce in Delaware
Initiating divorce proceedings in Delaware entails meeting the residency requirement. This necessitates that either you or your spouse have resided in the state for a minimum of six months before filing for divorce. If this prerequisite is fulfilled, you can file for divorce based on any of the six grounds recognized by Delaware law. These include:
- Adultery,
- Willful desertion for over one year,
- Separation for more than six months with a written agreement,
- Separation for more than 18 months,
- Incompatibility,
- Mental illness.
Due to the sensitive nature of domestic abuse and the potential harm it imposes on victims, Delaware law grants victims of domestic violence the option to obtain a protective order. A protective order is a legally-binding document that restricts the abuser from approaching, contacting, or causing harm to the victim. Additionally, it can grant temporary custody of children and mandate the abuser to cover medical and counseling expenses.
Obtaining a Protective Order
To secure a protective order in Delaware, victims must file a petition with the Family Court. This petition must include a detailed account of the abuse or violence committed by the abuser, as well as any supporting evidence or witnesses. In cases where the court perceives an immediate danger to the victim, it may grant a temporary protective order prior to a full hearing.
Impact on Divorce Proceedings
If you are a victim of domestic abuse, it is essential to recognize its potential implications on divorce proceedings. For instance, when children are involved, the court will consider the abuse as a determining factor in establishing custody and visitation arrangements. Furthermore, the court may order the abuser to bear the expenses incurred for medical or counseling purposes related to the abuse.
Regardless of whether you acquire a protective order, seeking the guidance of an experienced family law attorney is paramount. By doing so, you can better understand your legal rights and options while ensuring the safeguarding of your well-being and security throughout the divorce process.
Conclusion
Domestic abuse represents a grave issue that can leave lasting physical and emotional scars on both victims and their families. If you find yourself trapped in an abusive relationship in Delaware, remember that you do not have to suffer in silence. Legal options exist for terminating your marriage while simultaneously safeguarding yourself and your children. Reach out to a knowledgeable family law attorney who can provide guidance, support, and advocacy to protect your rights.