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One of the reasons many people hire a divorce lawyer is for complex issues. While many divorces are due to irreconcilable differences or infidelity, some may be based on domestic violence. Here are some facts you need to know about domestic violence and how it relates to divorces.

How Does Domestic Violence Affect Divorces?

In many jurisdictions, people file divorces based on the no-fault divorce laws. This means the divorce is not based on the legal or emotional fault of one of the partners in a marriage. These divorces are based purely on irreconcilable differences. 

In such cases, whether or not your spouse is abusive does not affect your grounds for filing a divorce. Your divorce attorney will help you show ways your marriage has broken down irretrievably.

If you are divorcing a violent spouse, it is important to engage a lawyer to ensure your rights on child custody and distribution of property are upheld. When ruling on custody, the courts will consider what is in the best interest of the child. With this regard, custody may be in your favor if your spouse is abusive. 

On the other hand, property settlement during divorce is based on equitable distribution. The courts also consider a history of abuse when distributing property, and this may work in your favor as well. For example, if your spouse was withholding money from you during your marriage, your divorce attorney will prove this financial abuse to get you a fair deal.

How To Protect Yourself After Divorcing a Violent Spouse?

Domestic violence is a term given to abuse in an intimate relationship or marriage. It involves sexual assault, hitting, pushing, shoving, stalking, withholding money, and kids' emotional abuse. When filing for a divorce, you may have to take additional measures against the abusive spouse in the form of a restraining order.

The law allows you to seek a domestic violence restraining order against a former spouse. Your divorce attorney will have to prove that the former spouse was hurting, threatening, or harassing you. Your lawyer will file a petition in court, and it comes into effect when the judge signs the restraining order. 

If your spouse violates the terms of this order, they may be found in contempt of court and fined or even imprisoned. Typically, the abuser is restrained from any contact with you and your children or relatives. The order extends to your home, place of work, and the children's school.

For more information, contact a company like Melei Petsche Spencer.