Can I File for Divorce If I Am in an Abusive Relationship?

FAQs

Can I File for Divorce If I Am in an Abusive Relationship?

Yes, you can file for divorce if you are in an abusive relationship. In British Columbia, the Divorce Act and the Family Law Act (FLA) provide legal pathways to end the marriage and protect yourself from abuse. Abuse can be a compelling reason to file for divorce and seek legal protections for your safety and financial well-being.

Legal Steps to File for Divorce in an Abusive Relationship

1. Understand Grounds for Divorce

The Divorce Act recognizes irreconcilable breakdown of the marriage as the sole ground for divorce, which can be proven by:

  • Living separate and apart for at least one year (even if living under the same roof in certain circumstances).
  • Adultery or cruelty (including abuse), which does not require a waiting period.

2. Seek Immediate Protection

If you are in immediate danger, prioritize your safety:

  • Call 911 or local police.
  • Apply for a protection order under the FLA to prevent the abusive spouse from contacting or approaching you.
  • Seek emergency shelter or support from domestic violence organizations.

3. File for Divorce

  • You can file a Notice of Family Claim for divorce in the BC Supreme Court, which has jurisdiction over divorce proceedings.
  • If abuse is a factor, provide evidence (e.g., police reports, medical records, or witness statements) to support claims of cruelty or harm.

4. Address Custody and Parenting Arrangements

  • Abuse affects parenting arrangements under the FLA, as the court must prioritize the best interests of the child.
  • Courts may restrict or supervise parenting time for an abusive spouse to protect children from harm.

5. Secure Financial Protections

File for interim orders to address urgent financial needs, such as:

  • Spousal support
  • Child support
  • Temporary possession of the family home
  • Freezing of joint accounts or assets

6. Work with Legal Professionals

  • Engage a family lawyer experienced in cases involving domestic abuse to ensure your rights and safety are protected throughout the process.

Protections Available During Divorce

Protection Orders

  • These can prohibit the abusive spouse from contacting you, approaching your home, or interfering with your daily life.

Exclusive Possession of the Family Home

  • You can apply for an exclusive possession order to stay in the family home while preventing your spouse from accessing it.

Restraining Orders

  • Courts can issue restraining orders to prevent the abusive spouse from using or disposing of assets during the divorce proceedings.

Safety Planning

  • Work with local support services to develop a safety plan for yourself and your children.

Example in a Vancouver Context

A Vancouver resident files for divorce after enduring emotional and financial abuse from their spouse. They:

  1. Obtain a protection order to restrict contact and ensure their safety.
  2. Apply for exclusive possession of the family home and interim spousal support.
  3. Request supervised parenting time for the abusive spouse to protect their children.
  4. Begin divorce proceedings, citing cruelty as the reason for the breakdown of the marriage.

Support Resources in British Columbia

  1. VictimLink BC: Provides 24/7 support for victims of violence. Call 1-800-563-0808.
  2. BC Housing: Offers safe shelter and transition houses for those escaping abuse.
  3. Family Justice Centres: Provide free legal information and assistance.

Seek Legal Assistance

If you are in an abusive relationship and want to file for divorce, consult Mills Family Law, experienced Vancouver family lawyers, for compassionate and professional guidance. We can help you navigate the legal process while ensuring your safety and protecting your rights. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more information, refer to the Divorce Act and the BC Family Law Act.

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