Marriage is supposed to be a beautiful union, where two individuals who are deeply in love and committed to each other build a life together. However, life doesn’t always go as planned, and unfortunately, domestic violence can infiltrate a marriage. It is important to know that in North Carolina, the law acknowledges this harsh reality and provides an avenue for spouses to obtain a divorce if they are victims of abuse. In this article, we will explore the necessary steps to take in order to get a divorce under such distressing circumstances.
Understanding the Types of Abuse
Before proceeding with filing for a divorce on the grounds of your spouse’s abusive behavior, it is crucial to familiarize yourself with the types of abuse recognized by the law in North Carolina. The law identifies various forms of abuse, which include:
- Physical abuse – This involves the use of force, such as hitting, strangling, slapping, or causing physical harm to the other person.
- Emotional abuse – This form of abuse can be equally damaging, as it relies on manipulating, belittling, constant criticism, or undermining the other person’s self-esteem.
- Sexual abuse – This involves forcing or attempting to force a spouse into unwanted sexual acts, a violation of personal boundaries that can leave lasting scars.
- Financial abuse – Depriving a spouse of financial autonomy by withholding money or essential needs, or even taking control of their finances.
How to File for a Divorce Due to Abuse
In North Carolina, it is possible to file for a fault-based divorce on the grounds of abuse. To successfully obtain a divorce based on abuse, you will need to provide evidence supporting your claims. This evidence can be obtained from various sources, such as medical records, police records, or the testimony of witnesses. Here is a step-by-step guide on what you need to do:
Seek guidance from an experienced attorney – The complexities of family law require the expertise of an attorney who can help you navigate the legal process and understand your rights.
Gather substantial evidence – In order to substantiate your case, it is essential to collect any relevant documents, photos, or statements that can support your accusations. If your spouse has a history of criminal convictions, the court may also consider this as evidence.
File a comprehensive complaint – With the guidance of your attorney, file a detailed complaint with the court outlining the abuse you have endured and explicitly requesting a divorce as a result.
Serve the divorce complaint to your spouse – It is a legal requirement to serve a copy of the divorce complaint to your spouse. An attorney can assist you in this crucial process.
Attend court hearings – Depending on the severity of the allegations, the court may issue a temporary order, which can include restraining orders or determine who can reside in the family home. Finalizing the divorce may involve multiple court hearings.
Conclusion
Obtaining a divorce due to abuse is a challenging journey that is fraught with emotional and legal difficulties. However, you don’t have to face it alone. An experienced attorney specializing in family law can offer the support and guidance necessary to take the appropriate steps to end the marriage and ensure your safety. Remember, you have the right to seek help and protect yourself from an abusive relationship. Reach out to a compassionate family law attorney today for the assistance you deserve.