How Do I Get Out Of An Abusive Marriage When My Husband Does Not Want A Divorce?
First, the abused spouse has to make a decision to get out of an abusive relationship. If one has grounds for a divorce or wants it, there is no requirement for a consent from another spouse. In the face of non cooperation, the process takes longer and is more expensive.
There are many intervening steps between a decision to divorce and ultimately obtaining the judgment to end the marriage. All these steps require judicial intervention and the assistance of legal counsel. Depending upon the facts and circumstances one may need to file a request for an order of protection with or without seeking exclusive occupancy of the marital home, or the applicant may apply for general “stay away” order or any and all combination of these provisions.
In more serious situations one may have to go to Criminal Court or the local Police Precinct and seek to have the abusing spouse arrested. Clearly, each of these scenarios generally results in high conflict proceedings. One most certainly should not assume cooperation from the abusive spouse. No one should have to reside and interact with a physically or psychologically abusive partner. While the proceedings are time consuming and often difficult, if it is in the victim’s interests for personal safety to stop being victimized then the abused spouse needs to have the strength and determination to go forward. These cases often require assistance of family and friends as well as mental health professionals in addition to legal counsel.
One has to make up their mind to get out the marriage and to have courage to pursue this complicated endeavor.