Domestic Violence and Divorce in Michigan: Your FAQs Answered

Taking the steps to protect yourself after experiencing domestic violence is one of the most courageous things a person will ever do. Victims of domestic violence who are seeking divorce need the support and legal counsel of an experienced family law attorney to help them navigate the legal process.

Going through divorce is difficult enough, but filing for divorce as a survivor of domestic violence brings more questions and complications than usual. In this blog, we’ll answer some of the most frequently asked questions about divorce when domestic violence has been a factor.

Will Domestic Violence Affect Property Division?

Michigan applies the theory of “equitable distribution” when dividing a couple’s property. With equitable distribution, property is divided based on what the court decides is fair case by case. In cases where domestic violence has been proven, a court may be more inclined to grant an abused spouse a larger share to help them rebuild a safe and stable life.

If you suspect your spouse is hiding or selling assets without your consent, let your attorney know immediately. A lawyer can find hidden assets through the process of discovery. They can file temporary orders to prevent a spouse from selling or giving away property until the divorce is settled.

Do I Have to Attend Mediation With My Violent Spouse?

Sometimes, the court may order mediation to help couples agree on issues such as child custody and property division. If a judge has ordered mediation but you are uncomfortable being in the same room with your spouse because of domestic violence, your attorney can file a motion to remove the case from mediation.

Can I Receive Spousal Support if My Spouse Has Been Abusive?

Michigan is a no-fault state, which means neither party has to prove a spouse did something wrong to file for divorce. However, a judge can still consider issues like domestic violence when they decide whether spousal support is warranted. Proving a need for spousal support isn’t easy, but your attorney will help.

Will My Ex Get Visitation Rights Even Though They Are Abusive?

An abusive spouse may still be awarded some form of visitation or custody. A judge must include domestic violence in their considerations. If there was no violence toward or in front of the children, more lenient visitation rights might be granted. Make sure to voice your concerns and your fears to your attorney and the judge.

If you’re concerned your spouse will keep the children without consent, speak with your attorney about filing an emergency custody order.

How Can I Protect Myself During the Divorce Process?

Typically, both parties in a divorce must disclose basic information like their address and contact information. When domestic violence is an issue, the court can rule to shield a victim by allowing them to omit any information that leads to their location, including where they work or live and where any minor children are located.

If necessary, a party can use a confidential address in court filings. An attorney can help protect their client by filing motions and orders that keep the victimized person’s information confidential.

Get More Answers at Gucciardo Family Law

If you are a survivor of domestic violence seeking divorce, you aren’t alone. Gucciardo Family Law is here to help. Call our office today to learn more and to schedule a free private consultation.