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Divorce as an option in an abusive marriage

On Behalf of | May 6, 2022 | Domestic Violence |

If you’re in a marriage with an abusive spouse in New Jersey, you might be afraid to leave. Men and women both can be involved in relationships of this nature with the consequences of not obtaining a divorce outweighing the reasons why someone should stay. These include emotional issues that can develop, distress with children and severing ties with friends and family members.

Types of abuse

Abuse in a marriage is often more than instances of domestic violence that are clear to see. Emotional and verbal abuse are quite common as well and are often hidden until the victim has nowhere to turn or loses their self-confidence. Even while married, sexual abuse can occur when the victim doesn’t want to partake in sexual activities or is forced to participate. Other types include financial abuse and stalking.

The best option

When speaking with an attorney about filing for divorce from an abusive spouse, there are a few options that you have. One is a no-fault divorce. You don’t have to indicate that abuse has occurred as the only thing that you have to do is file a statement that the marriage is over and that there’s nothing that you can do to keep it together. Another type of divorce is fault-based. This type would require that you give details about why you want to file, such as abuse, crimes that have taken place, or adultery.


There are a few outcomes to consider when filing for a divorce. Your finances could drastically change, which means that you could need assistance until you’re able to get on your feet. It could also mean changing jobs so that you can support your family. If you have children together, the court will usually look at the allegations of abuse to determine the best outcome for them so that they will be safe.

When considering divorce because of an abusive marriage, carefully examine the types of divorces that are available as well as how the process could impact each area of your life.

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