Bivek, Brubaker & Prescott - Marietta family law and divorce attorneys

Tips on Getting Divorced from Your Abusive Spouse

Some of the most challenging and sensitive divorces are those involving physical or emotional abuse. At Bivek Brubaker & Prescott, we’ve helped victims of emotional and physical abuse as they’ve gone through divorces involving narcissistic personality disorder. When you have a narcissist in your family, you and your children may suffer from narcissistic abuse. This is a specific form of emotional abuse. If your spouse is a narcissist, you may struggle with understanding what a normal relationship is. You might also be fearful of what a divorce might bring.

First, it’s important to know what to do if your case involves physical abuse versus emotional abuse. For each scenario, you need to know your options.

Divorce Involving Physical Abuse

If your divorce involves ongoing physical abuse by your spouse to you or your child, you have the right to seek a temporary protective order (TPO) or temporary restraining order against your spouse.

With a TPO, your spouse can be forced out of your home quickly. Your spouse doesn’t even have to be present for the hearing. In legal terms, this is called emergency ex-parte relief. Ex-parte orders are granted in emergency situations. A week or two later, a normal hearing will take place with both parties present. This hearing will decide if the order should be dismissed or extended for six or 12 months.

At Bivek Brubaker & Prescott, we can give you step-by-step instructions about how to get a temporary protective order or a temporary restraining order in Georgia against your spouse, whether it’s to protect yourself or your children. If an emergency order is granted, the court can award child support and financial support. You don’t have to be afraid you won’t have the financial support to pay the bills if you take action to protect yourself.

Divorce Involving Emotional Abuse

If you’re suffering from emotional abuse, you may not have enough evidence to get an emergency temporary protective order or restraining order. However, that doesn’t mean you can’t get help!

Courts can still grant emergency hearings and temporary hearings to quickly separate spouses when the situation at home isn’t healthy. Issues such as who gets the children and how the bills get paid are handled at temporary or expedited hearings. These types of hearings can happen within 30 days after you file a petition.

Going through a divorce while sharing a home with your spouse can be incredibly difficult. Don’t hesitate to contact the experienced Marietta divorce attorneys at Bivek Brubaker & Prescott. We can help you prepare for these important hearings and give you the relief you need while you’re going through a long, difficult divorce. We’ll discuss your options about how to get your abusive spouse out of the home so you can protect your children and still receive financial support.

There are Always Options to Get Help

If you feel like you’re stuck in an abusive, unhealthy relationship, please know there are options for you. We can help you explore solutions in a safe and confidential setting. Expedited temporary hearings, emergency hearings, temporary protective orders, and temporary restraining orders are all options for you to get immediate separation from your spouse. Then you can focus on ensuring your children are protected and the bills are being paid while you sort through how to handle your divorce or separation on a more permanent basis.


If you’re a victim of physical abuse and need immediate emergency relief, we can help you obtain a temporary protective order or a temporary restraining order. We’ve also helped victims suffering from emotional abuse at the hands of a narcissist. If you fear your spouse has a narcissistic personality disorder, please call us. Our experienced Marietta divorce attorneys have helped others like you form a legal strategy that will keep you and your children safe and financially protected. Please contact the Marietta family law attorneys or call 404-793-6530 to speak with us. You’ll work with one of our highly qualified partners, not a junior associate. We take the time during your consultation to answer your questions and advise you on your Marietta divorce.

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