Divorcing an Abusive Spouse in North Carolina

Getting a divorce due to domestic violence can be a liberating decision to make, and it’s not something you have to do alone. North Carolina law allows you to ask the court to grant you a divorce from a spouse who is abusing you. You can also request a protective order that can restrict your spouse’s contact with you and your minor children for a certain amount of time.

Remington & Dixon provides quality and confidential legal representation to victims of domestic violence who wish to leave their spouses. We understand what a courageous decision this can be and are familiar with the unique challenges involved in carrying this out. Our domestic violence and divorce attorney may be able to provide you with personalized and targeted support during this time.

Understanding Domestic Violence and Divorce in North Carolina

If you’re the victim of domestic abuse, a divorce may allow you to re-establish safety and wholeness in your life. North Carolina law may require spouses to live apart for one year before they can ask a court for an absolute divorce. However, North Carolina law allows some domestic violence victims to get a divorce from bed and board — e.g., legally separate from their spouses while remaining married — even if they haven’t lived apart for a year. Under this rule, you may qualify to legally separate from your spouse if you can prove your spouse abused you or their barbarous conduct created an intolerable living environment and you meet the other eligibility criteria.

Steps To Take When Leaving an Abusive Marriage

Taking time to think about where, when, and how you’ll leave your abusive spouse can go a long way toward giving you a sense of security. Details you may want to figure out include where you’ll be staying and how you will be leaving the house.

Additionally, you may want to plan out who you want to tell about your decision to leave and who will know where you’re going.

Working with a seasoned attorney can supply you with the resources you need to help protect your rights and your well-being during this time. Contacting the police may also be beneficial in addressing immediate safety concerns that may arise.

Create a safety plan.

The first step in leaving an abusive partner is to create a safety plan. Your plan might include a list of people you can contact if you need support or somewhere to stay. Additionally, you may want to have a strategy for the logistics of leaving, such as what you’ll be bringing with you, who will be going with you, how, and to where.

Work with an attorney or local law enforcement.

Working with the police or an attorney may be beneficial during this time. The police can protect you from immediate threats to your safety. For example, you may be able to coordinate having law enforcement with you during the physical move.

An attorney can help you file court documents like a request for a protective order and a divorce petition. They can also connect you to support services — like local domestic violence shelters — that are available in your community.

Decide where you’ll be staying and who will know.

When planning to leave an abusive partner, think about safe and confidential places that you can stay. This might be a relative’s house or a shelter, depending on your situation.

If you think your partner may try to find you when you leave, consider getting a protective order that covers the address of the place where you’ll be living. If you already have a protective order in place, ask the court or an attorney if you can add your new address to the list of covered locations.

Another thing to think about is who you’re going to tell about your decision to leave and when. If you have trusted family members, you may decide to tell them that you’re going to leave and possibly ask them to support you during this time.

Seeking Shelter and Support: Resources for Domestic Violence Victims

Leaving an abusive marriage can be an empowering first step to reclaiming your agency and identity. North Carolina has a host of community shelters and supports available for victims of domestic abuse. You can call the National Domestic Violence Hotline at 800-799-7233 for confidential support and help locating shelters and other resources. Getting in touch with the police may also be helpful to protect you from immediate or anticipated threats to your safety.

Moreover, getting a protective order with the assistance of an attorney can provide you with security as you move about the community. If your spouse violates the protective order, you can contact the police, and they can take action against them.

How To File for a Protective Order While Pursuing a Divorce

North Carolina law allows domestic violence victims to get a protective or restraining order against their abuser. A restraining order makes it illegal for the abuser to go near the victim or any listed minor children included in the order. As part of this, the abuser may not be able to go to listed addresses.

You request one of these orders by filing a motion with the court. You can do this with the help of an attorney, or you can also contact the clerk, who may help you locate the forms you need.

Keep in mind that the clerk can’t give you legal advice about your specific situation. Instead, they may direct you to forms, and they may be able to give you the contact information for shelters or legal aid organizations. You may be able to get the initial emergency protective order without having to notify the abuser first.

How We Can Help Protect You and Your Family

Living through domestic violence can be a trying experience. Taking on the legal process of securing your safety and keeping your abuser at bay is something you may not want to do alone. Collaborating with a lawyer allows you to do the inner work of healing while getting the logistical support you need.

Your attorney can locate evidence of the abuse and file the paperwork needed to hold your abuser accountable for their actions and get you out of an unsafe environment. The lawyer can also connect you with support in the community — such as shelters — so you have everything you need once you decide to leave your abuser.

Contact Remington & Dixon for Help Getting a Divorce After Domestic Violence

Remington & Dixon, PLLC, supports those who are getting a divorce because of domestic violence. Our fierce family law attorney has been fighting for victims since before she started practicing law. She understands the special considerations involved in making victims feel safe and taking steps to protect them from further harm. Reach out to our team today by calling 704-247-7110 to set up a time to meet with us.

FAQs

Are consultations free?

While we offer a free consultation on traffic matters, criminal matters, and some professional license defense cases (if you have a pending Board complaint), we charge a fee for family law consultations to personalize our consultations to your specific needs. To learn about our fee structure, please get in touch.

Where can I get legal advice?

We recommend meeting with an attorney. While there is free legal help available for North Carolina residents from pro bono resources for civil matters, and public defenders for criminal cases, the best way to access tailored advice is to hire a lawyer.

Can I hire you if I’m in another state?

This is done on a case by case basis if you are involved in a family law, criminal, or professional disciplinary matter that involves another jurisdiction.

Remington & Dixon

704-247-7110

"*" indicates required fields

With a Consultation