Domestic Violence and Divorce

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?

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.