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Abusive spouse’s impact on divorce process

How are divorce processes affected in Washington state, if my spouse has hurt the children or me?

When physical violence is the case, divorce often gets complicated. Divorce processes are often time taking due to hearings and trials if both parties do not agree to a specific agreement. Simultaneously or before filing a divorce, if you or your children experience any physical abuse from your spouse then that affects divorce processes. There are a lot of other aspects involved in the divorce such as child custody, property division, tax and debt division, financial costs, etc.

In the case of physical abuse, there are many options that you can opt for in order to file a physical abuse case against your spouse if they have hurt you or your children while your divorce is still processing. Following are some options and how they affect the divorce process:

Keep law enforcement records

If you or your children have been a victim of physical violence before you filed a divorce, Washington State allows you to report these cases to law. As Washington is a no-fault divorce state, just one partner cannot be fully held responsible for the divorce. Therefore, keeping a record of the abuse you suffered can be used to your advantage greatly. When law stands beside you, it helps in fast-forwarding the divorce process in your favor.

Also, in the division of assets and child custody, the record of abuse can help you a lot.

Take family lawyer assistance

An experienced family lawyer can help with the formal processes. Once you move your children out and make sure they are safe and secure, contact your lawyer to begin the formal process. It can quickly start divorce proceedings and can make the already filed divorce case faster. Make sure you hand over the evidence, abuse record, and witnesses to your lawyer. All of this contributes greatly to a positive outcome for you.

Get Immediate Restraining Orders and Domestic Violence Protection Order

In Washington State, Immediate Restraining Orders and Domestic Violence Protection Order are awarded right away when your spouse has hurt you or your children if you ask for one from the court.

These orders give care of children to one parent for the time being. Set up a proper schedule if the other party wants to meet the children or completely restrict the other party from the meeting. The order ensures the abuser stays out of the home or stays away from your work or the children’s school areas. It further orders a person to not threaten, harm or assault you or your children.

Once all of these measures are taken, divorce processes are finalized in your favor. Washington State has a very clear judicial system and it makes sure no rights are violated when a divorce case is filed. It takes into account all the factors such as physical harm or abuse and then decides accordingly. It may take a little more time due to the complexity of the situation but with a right lawyer, the divorce process can be made quick and efficient.

Forms needed

These are the court forms typically required for this process. LegalAtoms prepares each of them for you automatically.

Free legal help available

You do not have to go through this alone. These organizations offer free, confidential support to help you understand the process and review your court forms.

Snohomish Court Facilitators Free Snohomish County
These are members of the Superior Court of Snohomish County and are available to assist clients.
If you have questions regarding this process you can reach out to the Snohomish County Protection Order office at protection.orders@snoco.org. Staff will respond during normal business hours M-F 8:30 a.m. – 4:30 p.m. excluding government holidays.
Cowlitz Wahkiakum Legal Aid - (CLEAR) Free Cowlitz County
Cowlitz Wahkiakum Legal Aid - (CLEAR) for Cowlitz County clients
1-888-201-1014
1-888-387-7111
The Support Center Free
The Support Center assists victims of domestic violence, sexual assault, or any general crime

What you get

  • Explain how the court process works An advocate can explain you in detail how the domestic violence process works in your situation
  • Review court forms An advocate can review civil protection order forms for completeness

Does not include: Legal Advice · Advice on what to state in court

The Support Center assists victims of domestic violence, sexual assault, or any general crime
Phone: (509) 826-3221
Email: mamelong@thesupportcenter.org
Hours: 24/7: Crises phone helpline is always available
Emergency Support Shelter Free Cowlitz County
Emergency Support Shelter for Cowlitz County clients
DV Program
Office: 360-425-1176 Ext. 27 M-F 8:30 am - 4:30 pm
After Hours & Weekend 360-425-1176
Fax: 360-425-3970
Find us on Facebook!!!!!!
https://www.facebook.com/Emergencysupportshelter
Washington State Coalition Against Domestic Violence Free Cowlitz County
Washington State Coalition Against Domestic Violence for Cowlitz County clients
CADA Island County Free Island County
CADA Island

What you get

  • “Advocacy” means that the client meets with an advocate in an individual session on an on-going basis where the primary focus is the client's safety and developing tools for empowerment and autonomy.
  • Advocates provide support and education about issues of domestic violence and sexual abuse. Advocates also work with clients to identify their needs and provide them with information about and referrals to local service agencies, court and social service agencies.

Does not include: Advocacy is NOT therapy; referrals to therapy services may be available to domestic and sexual assault survivors.

YWCA Kitsap Free Kitsap County
YWCA Kitsap

What you get

  • Explain how the court process works Legal advocates can help survivors of intimate-partner domestic violence by answering many questions about the civil or criminal court processes.

Does not include: Family Law Service

Kitsap Legal Serices Free Kitsap County
Legal Services Kitsap

What you get

  • Family (divorce, custody/parenting plans, child/spousal support, domestic violence) Legal Advocates can help with matters of family law.
  • Landlord/Tenant (evictions, landlord disputes) Legal Advocates can help with matters of Landlord/Tenant (evictions, landlord disputes)
  • Bankruptcy/Collections/Garnishments Legal Advocates can help with matters of Bankruptcy/Collections/Garnishments
  • Immigration Legal Advocates can help with matters of Immigration
  • Probate/Wills, Healthcare Directives, Powers of Attorney Legal Advocates can help with matters of Probate/Wills, Healthcare Directives, Powers of Attorney

Does not include: Criminal matters · Medical Malpractice · Personal Injury · Business Law/Contracts · Driver’s License Reinstatement · Appeals

YWCA Spokane Free Spokane County
YWCA Spokane

What you get

  • Explain how the court process works Legal advocates can help survivors of intimate-partner domestic violence by answering many questions about the civil or criminal court processes.

Does not include: Family Law Service

Lutheran Community Services Northwest Free Spokane County
Lutheran Community Services Northwest

What you get

  • Assistance in decisions Assistance in making informed decisions about reporting
  • Education Information about criminal justice systems, civil remedies and dependency
  • Victim benefits Assistance in obtaining crime victim compensation benefits, civil remedies and dependency
  • Prepare documents Assistance in preparing for court and support at interviews, trials and sentencings
  • Victim rights Information about victim rights in a legal setting
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