People who are violent toward their spouses often go to extremes to manage their image outside of the marriage. They fabricate stories about their spouses so that other people find them less credible. They avoid causing readily visible injuries. They may intimidate their spouses to the point where they feel like they cannot seek out professional medical care or report instances of domestic violence to the police.
Those hoping to leave a marriage plagued by domestic violence may worry that they cannot convince the courts of what has happened due to a lack of credible evidence. Is proof necessary when leaving a marriage due to domestic violence?
Proof is helpful but not mandatory
Credible evidence substantiating claims of domestic violence can be beneficial for spouses filing for divorce. The evidence that they collect could help them secure a restraining order and preserve their privacy during divorce proceedings. Particularly in cases where there are concerns about child custody and the safety of shared children, making efforts to document domestic violence can be valuable.
However, for many people, the best option is to exit the marriage as quickly and cleanly as possible. No-fault divorces do not require any proof of misconduct. The filing spouse does not need any documentation to validate their claim that the marital relationship has degraded past the point of repairing it. No-fault divorces are much faster and offer fewer opportunities for controlling or manipulative people to intimidate their spouses.
Those considering different options for an upcoming divorce may want to consult with a lawyer. Securing legal guidance can help spouses filing for divorce due to domestic violence understand their rights and take the steps necessary for their protection.
