Domestic violence is a heart-wrenching reality that many couples face within their relationships. If you find yourself as a victim of spousal abuse in the midst of a divorce in Nebraska, it is crucial to be aware of your rights and the legal protections available to you. This article aims to delve into the options and safeguards that are in place for victims of spousal abuse within the Nebraska jurisdiction.
The Power of Protection Orders
Protection orders, known by various names such as restraining orders or no-contact orders, can serve as potent legal tools to shield you from any further harm inflicted by your spouse or partner. In Nebraska, individuals who suffer domestic abuse can seek a protection order at their local courthouse or domestic violence advocacy organization. Once a protection order is granted, the abuser is legally bound to maintain a distance from you and your children. Furthermore, they are prohibited from making contact through any means, be it phone calls, text messages, or email.
Child Custody Concerns
For victims of spousal abuse grappling with child custody concerns, it is important to understand that Nebraska courts prioritize the best interests of the child. Therefore, if an abusive parent is involved, their fitness for custody and parenting time may be called into question. In cases where the court perceives a potential harm to the children, the abusive parent may only be granted supervised visitation or, in extreme cases, denied any parenting time.
Navigating Property Division
As Nebraska follows the principle of equitable distribution, all marital assets and debts are divided reasonably between divorcing parties, though not necessarily in equal measures. For victims of domestic abuse, gaining access to joint marital assets and bank accounts can prove to be an uphill battle. During this challenging process, the assistance of an experienced domestic violence attorney can prove invaluable. They can help you seek a temporary order that grants you the privilege of utilizing and liquidating marital property.
Financial Support: Spousal Support
Spousal support, commonly referred to as alimony, involves one spouse making payments to the other after a divorce. In Nebraska, spousal support is determined based on various factors, including the duration of the marriage and the financial resources of each party. If you are a victim of spousal abuse, the court may order your abusive spouse to provide spousal support aimed at helping you rebuild your life and regain financial stability.
The Role of an Attorney
Navigating divorce proceedings, especially as a victim of spousal abuse, can be an overwhelming and stressful experience. During such trying times, the guidance of an experienced attorney can prove invaluable. They can ensure the protection of your legal rights, provide support in navigating the legal system, and work towards securing a fair settlement. Additionally, a knowledgeable attorney can connect you with resources that cater to your emotional and financial needs, such as counseling and financial planning.
In Conclusion
Divorcing an abusive spouse is a complex journey, fraught with challenges along the way. However, by being well-informed about your rights and legal options, you can take steps towards securing your safety, custody rights, financial stability, and overall well-being. If you find yourself as a victim of spousal abuse, reaching out to experienced domestic violence attorneys for guidance, assistance, and support should be a priority. Remember, you don’t have to face this difficult process alone.