December 19

In a Divorce, How Does Emotional Abuse Play a Role?


The process of liberating oneself from a toxic marriage plagued by emotional abuse is often protracted due to the profound impact it has on the victim’s self-worth and decision-making capabilities. If your husband constantly undermines your self-esteem and has a history of doing so, leaving your marriage could save your life and secure a better future for your children.


But you may be asking how the emotional abuse your husband inflicted on you would influence the divorce proceedings. There are several ways it will be involved. Birmingham divorce attorneys can help.


The Signs of Emotional Abuse


Defining and classifying emotional abuse can be challenging. When compared to the apparent consequences of sexual and physical abuse, the impacts of emotional abuse are typically seen as more nebulous. At what point does an argument escalate into physical violence? Arguments arise in every relationship. On both sides, people vent their frustrations and work through their differences. Even if it becomes hot, no one is trying to hurt the other person or bring them down.


Conversely, emotional abuse is more likely to be ongoing. It encompasses actions that injure the victim emotionally or psychologically rather than physically.


In Alabama, a Fault Divorce


Fault divorce is still recognized in Alabama, which is rare among states. By adopting this approach, individuals might evade assuming accountability for the divorce and instead attribute fault to their partner.


An individual may pursue a fault-based divorce if they perceive a threat to their physical or mental well-being due to the aggressive or abusive actions of their spouse. While emotional abuse is not explicitly mentioned, this does establish legal grounds for obtaining a divorce in such circumstances. A fault divorce could be an option for you if you felt threatened physically or emotionally by your ex-spouse.


Protection and Property Splitting


The burden of proving your ex-partner’s wrongdoings and reliving them while building a solid fault-based divorce case makes some people question why anyone would ever subject themselves to such a process. With this sort of divorce, you can get better child custody and property division results.


Taking Care of Yourself


You may find that going through a divorce is just as emotionally taxing as your marriage was. As soon as the abused partner departs, the abuser typically becomes even more violent because they feel they are losing control. To win the other person back, they may act quite loving, but as soon as they think they have the victim again in their control, they may revert to their abusive ways. They may resort to any means necessary to harm you once they perceive that your divorce is taking the matter seriously. When limiting direct contact, having a competent attorney is crucial.



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