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

Tips on Proceeding with Divorce with an Abusive Spouse


Some of the most challenging and sensitive divorces are those that involve physical or emotional abuse. At Bivek Brubaker & Prescott we deal with divorce cases involving narcissistic personality disorder and victims of emotional and physical abuse. Divorces involving narcissists can involve narcissistic abuse which is a specific form of emotional abuse that both children and spouses can suffer when they are part of a family with a narcissist. Oftentimes, an adult who is in a relationship with a narcissist struggles with understanding what constitutes a normal relationship, and can be fearful of what a divorce might bring.


First, it is important to know how to proceed if your case involves physical abuse versus emotional abuse, and to be aware of your options in each scenario. If your case involves ongoing physical abuse by your spouse to either you or your child, you have the right to seek a temporary protective order or temporary restraining order against your spouse on behalf of yourself or your child. You can learn more about temporary protective orders here (link to existing website page on TPOs). In a TPO you can get emergency ex-parte relief. This means that you can get an order forcing your spouse out of your home very quickly, and without your spouse even being present for the hearing. Ex-parte orders are granted in emergency situations, and then a normal hearing with both parties present takes place a week or two after to determine whether the order should be extended for a period of 6 or 12 months, or whether the emergency order should be dismissed. At Bivek Brubaker & Prescott we can give you step by step instructions on how to get a temporary protective order or a temporary restraining order in Georgia against your spouse for yourself or on behalf of your children. If an emergency order is granted, the court can award child support and financial support, so you don’t have to be afraid that you won’t have the financial support to pay the bills if you take action to protect yourself.



If you are suffering from emotional abuse, you may not have enough evidence to get an emergency temporary protective order or restraining order, but that doesn’t mean that you can’t get help! Courts can still grant emergency hearings and temporary hearings to separate spouses on an expedited basis when the situation at home is not healthy. Issues like who gets the children and how are the bills paid are handled at that temporary or expedited hearing. Said hearings can take place within 30 days of the date of filing a Petition. We can help you prepare for these important hearings, and give you the relief that you need while you are going through a long contentious divorce. Having to go through a divorce and still share a home with your spouse can be incredibly difficult. If you are faced with this situation, do not hesitate to contact the attorneys at Bivek Brubaker & Prescott to discuss your options of how you can get your spouse out of the home, and protect your children, and still receive financial support. 


If you feel like you are stuck in a home or in an abusive toxic relationship, please know that there are options for you, and we can help you explore them and discuss them 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, and still make sure your children are protected and the bills are being paid while you sort through how to handle the divorce or separation on a more permanent basis.


Should you be suffering from emotional abuse at the hands of a narcissist or fear your spouse or loved one may suffer from narcissistic personality disorder, we can help you form a legal strategy that will protect you and keep you and your children safe, and also financially protected. If you are a victim of physical abuse and in need of immediate emergency relief, please know that there are solutions and that we can help you obtain a temporary protective order or a temporary restraining order. 

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