How To Divorce An Abusive Partner Who Doesn't Want Divorce
In all states, divorce law is structured in a manner that means you don't need your partner's blessings to file for and get a divorce. However, this is easier said than done if your partner is abusive and doesn't want a divorce. If you are in that situation, then you should have the following things in mind before making the divorce application:
You May Need Protection
If your partner is already abusing you before your divorce application, you can imagine what they may do once you actually take the legal steps to divorce them. There is a chance that the abuse may get physical even if it wasn't that way before. However, you shouldn't wait to find out what form of abuse your partner has in store for you; seek protection from the court or police.
There are many ways the court can approach the issue; the most common approach is for the court to issue a restraining order against your spouse. However, it might be necessary to go to a local shelter or ask the police for extra patrols outside your house if you feel that your partner may not obey the restraining order.
Collaborative Divorce Isn't Advisable
Collaborative divorce, which involves mediating and negotiating a divorce outside of the courtroom, is often touted for its cost-effectiveness, among other benefits. However, collaborative divorce isn't suitable for you if your spouse is abusive or doesn't want to divorce you at all. This is because collaborative divorce involves holding an informal meeting (with your respective lawyers) so that you can negotiate your divorce settlement freely.
However, if your partner doesn't want to divorce you, they may not even appear for the meetings. Even if they appear, you may not be free or safe during the meetings. Therefore, with an abusive partner, you are probably looking at litigated divorce since it's the safest option for you.
Prepare For an Uphill Task
Lastly, you should know that even if your partner can't stop your divorce, they can make it more complicated than it should. For example, they can contest the divorce, take their sweet time when responding to your queries, and contest every motion you may file with the court. An experienced divorce attorney will help you deal with these issues as they come.
Ultimately, it's up to you to decide whether you want a divorce or not. If you have made up your mind, contact a divorce lawyer as soon as possible to help you through the process with minimum hassle.