Divorce laws and are very complex and vary state by state. If you and your spouse can agree on the terms of divorce, including grounds for divorce, division of marital property, etc. then you may be able to expedite the process by filing a formal settlement agreement with the court. Domestic violence victims, however, may find that they can not enter into settlement agreements with their abusers because their abusers attempt to control them through provisions related to custody, visitation, or financial issues.
If you cannot agree on some or all of the terms of the divorce, then you will have to file the appropriate documents with the court so that a hearing can be held to resolve the issues. While divorce laws and filing procedures vary state by state, generally speaking, you first file a Complaint with the court to begin the process. Your spouse will need to be notified of this Complaint-usually by personal service (someone personally serving him with a copy of the Complaint). He has an opportunity to respond to the allegations set forth in the Complaint by filing his Answer. After the Answer is received -or if the Answer is not received after the allotted time, the court will set a hearing date(s). This process of obtaining a divorce can take many months and sometimes years to accomplish depending on your specific case.
It is recommended that you contact a family law attorney with domestic violence expertise before filing for divorce as the laws are complicated. If you cannot afford an attorney, you can contact a local domestic violence program in your community.
View JWI's Resource Directory to access resources in your community for assistance in filing for divorce.
Many courthouses have Pro Se projects for individuals representing themselves in family law matters to help walk you through the litigation process.
To learn more about the resources at your local court house, visit WomensLaw.org, scroll down to your state, and click on courthouse locations.
Confidential filing
If you are currently in hiding, in a shelter or in another undisclosed location, and you want to keep your abuser from finding you, you can file for divorce and take specific measures to keep your location a secret. Every state has different procedures to keep a victim’s location confidential. Generally speaking, you can list your address “in care of” your attorney with his or her address, if your attorney agrees. Even without an attorney there are ways to keep your address confidential; a domestic violence professional and/or a clerk in the court where you will file for your divorce can help.
View JWI's Resource Directory to access resources in your community for assistance in filing for divorce.
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