Domestic violence is a serious matter. It can eventually result in a divorce where you work up the courage to walk away from your marriage. And while the immediate effects of the violence may end at this point, the lingering consequences can play a vital role in the divorce process. It can impact a lot of issues in your divorce, including parenting time, custody, and property division. Whether you have been verbally, physically, or emotionally abused by your spouse, you must talk to a salt lake city spousal abuse lawyer.
Is Domestic Violence a Ground for Divorce in Utah?
Utah is a no-fault divorce state, which means a party doesn’t have to prove that something bad occurred or another party is to blame to get a divorce. Rather, the partner can allege there were irreconcilable differences in the marriage such that the marriage can’t be saved. Thus, domestic violence is not ground for divorce since no grounds are required. But, the court will consider a history of domestic abuse when evaluating some aspects of a divorce.
Securing Protective Orders
When domestic violence is present in a marriage, the abused spouse may seek a divorce and a protective order that prohibits the abusive spouse from coming near them. Protective order proceedings are held separately from divorce proceedings. When the orders are granted, the spouses can be required to keep a certain physical distance from each other or refrain from interacting with each other throughout the divorce process’s duration. In Utah, anyone who seeks these orders should present some evidence in addition to their own written statements and testimony in court. The court expects to see photos, text messages, emails, or any physical evidence that can support the claim.
Hiring a Family Attorney to Help You Move on from Domestic Violence
If you have been in an abusive relationship and want to end your marriage, move on, and start over, seek out the assistance of a family attorney with extensive experience in domestic violence issues. It is important to ensure your safety first when leaving your marriage. For this, you need to seek an order of protection. Your attorney will help you plan your safety. They will assess how a history of domestic violence may impact your divorce, what you can do to guarantee the safety of your children after a divorce, as well as your right to physical and legal custody over them.