Divorce can be a challenging and highly emotional process, especially when one spouse is abusive. In the state of Missouri, specific laws and protections exist to safeguard the rights and safety of abuse victims throughout the divorce proceedings. If you are contemplating or currently going through a divorce and experiencing abuse, it is vital to have a comprehensive understanding of your rights and the legal avenues available to you.
Grounds for Divorce in Missouri
Missouri recognizes various grounds for divorce, including the irretrievable breakdown of the marriage, adultery, abandonment, and abuse. It is essential to realize that being a victim of abuse constitutes a valid ground for divorce, and it can substantially support your case concerning custody, assets, and support.
Legal Protections for Victims of Abuse
Missouri provides several legal protections to ensure the safety and rights of abuse victims remain intact throughout the divorce process. These important protections encompass:
Orders of Protection
An order of protection is a crucial legal document that effectively prohibits an abuser from making contact with or being in proximity to the victim. Such an order may impose restrictions on visiting the victim’s home, place of work, and their children’s schools. In Missouri, orders of protection can be obtained through the court and typically remain in place for up to one year.
Restraining Orders
Comparable to an order of protection, a restraining order is typically issued by the court as part of a divorce or custody case. These orders may impose various restrictions on the abuser, including limitations on contact, access to children, and other specifically tailored provisions related to the abuse.
Child Support and Custody
For victims of abuse, concerns regarding child support and custody often arise. Missouri courts prioritize the best interests of the child when making determinations on custody and visitation arrangements. Notably, allegations of abuse are taken into careful consideration during this process. In certain instances, a judge may order supervised visitation or even prohibit contact altogether to safeguard the child’s wellbeing.
Property Division
During divorce proceedings, Missouri enforces equitable distribution of property and assets. However, when abuse is a determining factor, the impact of the abuse on the victim is given weight, potentially resulting in a larger allocation of assets to the victim by the judge.
Taking Action
If you currently find yourself experiencing abuse at the hands of your spouse, it is imperative to take immediate action to protect yourself and your children. The following steps may help you regain control of the situation:
Contact a Domestic Violence Shelter
Domestic violence shelters serve as safe havens for abuse victims, providing support, counseling, and legal advocacy. Reach out to a local shelter to access the guidance and resources necessary for your unique situation.
Obtain an Order of Protection
If you are in imminent danger, seeking an emergency order of protection from the court is vital. Such an order can provide immediate legal protection and ensure your safety. Violating the terms of this order can carry severe consequences for your abuser.
Consult an Attorney
A seasoned family law attorney will prove invaluable in navigating the complex divorce process, ensuring that your rights and safety are vigorously safeguarded. By advocating on your behalf in court, an attorney can help you secure the necessary legal protections and resources.
Consider Divorce
Divorce may ultimately be the best course of action for terminating the abusive relationship and ensuring your long-term safety and well-being. With the aid of a proficient attorney, you can obtain a fair divorce settlement that takes into account the profound impact of the abuse on your life.
Final Thoughts
Experiencing abuse within a marriage is a traumatic and profoundly challenging ordeal. Fortunately, legal protections and resources are available to help you shield yourself from harm and forge a new, secure, and stable life. If you find yourself subjected to abuse perpetrated by your spouse, it is of utmost importance to take swift action and seek help without delay. With the appropriate support and legal representation, you can obtain the protections and resources necessary to embark on a brighter future, free from abuse.