In my experience as a New Jersey divorce lawyer for the past 37 years, abuse by a spouse often causes a person to seek a divorce.
Abuse within a marriage can take many forms – physical, emotional, verbal, financial, or sexual.
If any of these forms of abuse are happening to you, then it may be helpful to you to understand your rights, particularly your right to be left alone, as you navigate the complexities of divorce.
In New Jersey, if you are a victim of abuse then you have legal protections and resources available to help you break free from your abuser and rebuild your life.
One of the fundamental rights of victims is the right to be left alone, free from harassment, intimidation, and further abuse from their abusive spouse.
This right is enshrined in New Jersey's Prevention of Domestic Violence Act.
Under this law, if you are a victim of domestic violence then you can ask a Superior Court judge in the county court house (during business hours) or a municipal court judge in your town's police department (during non-business hours) for a restraining order against your abuser.
If the restraining order is granted to you by the Judge, then it will prohibit your abusive spouse from contacting or coming near you, under penalty of arrest and incarceration.
A restraining order can provide you with crucial legal protection, allowing you to establish boundaries and ensure your safety during and after the divorce process.
If necessary, a judge hearing your domestic violence case can also grant you temporary custody of your children and exclusive possession of the marital home to further ensure your safety and well-being.
Additionally, you may be entitled to financial support, including spousal support and child support, to help you establish independence and to allow you to rebuild their life.
If you are a victim of abuse at your spouse's hands, it is important for you to remember that you are not alone.
Most counties in New Jersey have an organization can provide you with abuse counseling, shelter and other essential services to help you stay safe and rebuild your life, free from abuse.
You should also consider developing a safety plan, seeking counseling or therapy, and surrounding yourself with a strong support network of friends, family, and professionals who can offer assistance and guidance.
Furthermore, you should document instances of abuse, including keeping records of threatening messages, injuries, and any other evidence that may support your case in court.
By documenting the abuse, you can strengthen your legal position and increase the likelihood of obtaining a more favorable outcome in your divorce proceedings.
Ultimately, the most important thing for you to remember is that you have rights and options available to you.
No one deserves to live in fear or endure abuse, and divorce can provide a path to safety, freedom, and a better future.
By seeking legal assistance, accessing support services, and prioritizing your own well-being, you can take control of your life and begin the healing process.
THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
If you live in New Jersey and if you are considering separating or filing for divorce based upon your spouse's abuse, the most important thing for you to do before doing anything else is to learn how to protect yourself, your children, and your assets.
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Getting a divorce from a spouse who is abusing you will require you to make many tough decisions.
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Getting "the edge" in your divorce case from your abusive spouse will come down to developing the ability to consistently make the right decisions in your case.
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Are you ready to start turning things around?
The next move is up to you...!
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
In Monmouth County
5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010