I am a victim of domestic violence. My husband beat me with a rod to the point where I ended up black and blue all over my torso and I now have a scar going down the side of my head. That night I called the cops and he was arrested. There is physical evidence against him but this wasn’t the first time this has happened. This has happened many times before but this time I was afraid next time it would be my life. He is currently on trial for it and has a protection of order against him. Needless to say I want a divorce. We also have 3 children together which I want to fight for. My husbands behavior has become so unhinged over the past 2 years. I stayed to keep my family together. Now I fear for everyones saftey. How do I go about doing this? Do I still have to wait a year before I can file?
Domestic Violence and Divorce
You have to be separated for one year before you can file for an absolute divorce but you can file in court for any other family law claim that you’re eligible to make at any time after you’re separated: equitable distribution, postseparation support, alimony, child custody, child support, and divorce from bed and board. You do not have to wait one year before filing for these. It’s probably a good idea to file in court for these claims sooner rather than later.
Take a look at our Sample Court Complaint that you can use as a guide if you plan to represent yourself.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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