Divorce Settlements and Domestic Violence: How Does It Work?

Couples divorce for many reasons. Longstanding financial struggles can drive an unbridgeable rift between spouses. Instances of unfaithfulness prove immediately unforgivable, while some partners simply drift apart over time. Perhaps the most tragic but eminently justifiable cause for divorce is the infliction of violence or abuse upon a spouse. We’ll explore how divorce settlements work when domestic violence or abuse is involved.

Prepare for Litigation

To ease burdens on overworked family courts and reduce the financial costs associated with divorce, the legal world has innovated several forms of alternative dispute resolutions, such as arbitration, mediation, and collaborative divorce. Unfortunately, these solutions likely aren’t viable for situations involving domestic violence. Alternative dispute resolutions require both parties to sit down and work toward mutually beneficial outcomes, and issues of physical safety will almost certainly preclude pursuing these strategies, forcing a traditional litigation approach to divorce. You’ll need personal legal representation, not a mediator nor arbitrator, to navigate divorce in this situation.

Orders of Protection

When domestic violence is a cause for divorce, spouses require additional measures to ensure their safety in a potentially acrimonious situation. An order of protection prevents a subject from making personal or electronic contact with the person filing the order. Forbidding all contact will allow a divorcing spouse to proceed through the divorce process safely, and if the subject should breach that contact, law enforcement can intervene.