Do you need to get out of an abusive marriage that includes a prenuptial agreement? If you are worried about the situation you will be in if a divorce is filed, you may have more rights than you think. All you have to do is seek help from a divorce lawyer to find out if the prenuptial agreement can be contested. Take a look at this article to find out how a lawyer can help with your situation during the divorce process.
Discuss the Type of Abuse Involved
Your lawyer will ask you a lot of questions about the nature of abuse that you go through in the marriage. Make sure that you are completely honest, even if you are embarrassed about anything. If you can provide any evidence of abuse, hand it over to the lawyer. For instance, if you have taken photographs, your lawyer will need them to build your case. You can also expect him or her to investigate the situation to find out if there are any witnesses that can speak for you in court.
Figure Out if the Prenuptial Agreement is Valid
You must keep in mind that signing a prenuptial agreement does not mean that you must abide by it in a divorce. It is possible for the agreement to be considered invalid in the eyes of the law. If your spouse forced you to sign the agreement before marriage and did not allow you to read over it, it is likely invalid. The agreement might also be invalid if you did not know what you were getting into at the time that it was signed. A lawyer will thoroughly review the agreement to find out what your rights are.
Assist with Your Safety During the Divorce
Divorcing an abusive spouse can be a scary situation, especially if he or she is making threats. A lawyer can file for an emergency court order that will make it mandatory for your spouse to leave until the divorce is settled. He or she may also be required to avoid making any contact with you during the process, such as through a restraining order. The restraining order can also cover any children that are involved in the marriage so you don't have to worry about their safety. Keep in mind that abuse can nullify certain rights of your spouse, even if they are written in the prenuptial agreement. Get in touch with a divorce lawyer so you can begin the process of ending your abusive marriage in a safe manner.