Some divorce cases are more complicated than others. For example, when one spouse has been violent toward the other or toward the children, it is important to have a lawyer who understands these kinds of situations and is equipped with the skills to help a client prove their case in court. In many cases of family violence, the abused spouse simply wants to get out of the relationship and feel safe again. However, giving up everything they own isn’t best for them or their minor children. A divorce attorney in Overland Park, KS may help a client get the restraining orders they need to be safe while they work with their attorney to divide the couple’s assets.
Good lawyers understand that spouses who are violent also tend to be controlling and manipulative. In these cases, mediation may not be the best way to settle a dispute. Negotiations between the attorneys are more likely to produce a fair settlement than the two parties sitting at a table discussing what to do with their assets. Sometimes, litigation is necessary to resolve differences when an abusive spouse is not willing to give up their control. With restraining orders in place, bank accounts and other assets can be frozen until the matter is resolved by the court.
Judges often consider past violence when making orders for spousal support, child custody, and parenting time. A divorce attorney in Overland Park, KS might bring this issue to the court’s attention to ensure the orders don’t compromise their client’s safety. If a client feels threatened, the judge may order that a third party be involved in the exchange of children during scheduled visiting days to reduce the likelihood of violence.
A fair divorce to end a violent marriage is possible when the attorney and the judge recognize and understand the problems in the marriage. The violent spouse cannot be allowed to take control of the divorce or bully the other party into settling for less than their share of the marital assets. A good divorce attorney in Overland Park, KS, such as one from Gilby and Haynes Law Firm LLP, could be just what the victim needs to get their life back.
