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Phoenix AZ Family Law Blog

Friday, November 30, 2018

Escaping a Marriage of Domestic Violence

Q: How can a domestic violence victim get a divorce?

There are many reasons that make one or both spouses consider getting a divorce. While state laws differ, most states including Arizona are no-fault divorce states. That means they do not require a party who wants a divorce to show that the other was at fault or caused the divorce. All the spouse who wants a divorce needs to do is allege when filing for divorce that the marriage is "irretrievably broken with no reasonable prospect for reconciliation”. (One very rare exception to the no-fault rule is in a covenant marriage divorce, which only represents about 1% of Arizona divorces.)

But the fact but you can file for an Arizona divorce for any or no reason, doesn't necessarily make it easy. Going from “I do” to “I'm done” often evokes a flood of emotions and stress as one household is divided into two, especially if minor children are involved. Issues such as property division and spousal support must be navigated and if there are minor children, child custody, visitation and support can be difficult to work out.

Unfortunately, some people are in situations where they may want to divorce but are too afraid to pursue it.

Domestic violence attorneys can help protect and obtain compensation for domestic violence victims who are ready to stop the abuse and move forward with a healthy, new life. Some of the legal assistance may include:

  • helping victims find a safe haven
  • filing for an order of protection to keep the abuser away
  • commencing a legal separation or divorce proceeding
  • ·obtaining child custody and child support.

Sadly, some people are unwilling or unable to escape a cycle of verbal and/or physical abuse until someone ends up dead. That someone is usually the victim, but in some cases may be the abuser.

Recently, a young man in Texas reportedly snapped after what he claims was years of alleged verbal and physical abuse of his mother and himself at the hands of his allegedly alcoholic father. In a television interview, the son claimed he shot and killed his father, a retired sheriff, after the father had allegedly hit the mother in the face and in fear of what a father would continue to do to him and his mother.

There are a broad variety of the actions that may be considered as domestic violence beyond physical, emotional, and psychological abuse.

If you or a loved one is the victim of domestic violence and needs help, Cohen Family Law can help you. Contact us today for a free consultation. But remember to always contact your local law-enforcement authorities first in an emergency situation.

From our office in Phoenix, we proudly serve clients throughout the Phoenix, Arizona area including Mesa, Glendale, Surprise, Scottsdale, Chandler, and Tempe.

 


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