Leaving an Abusive Marriage? There Are Steps You Need to Take First

Abuse doesn’t always look the way we imagine it. No bruises are required for the abuse to be real, and you don’t need “proof” for your pain to be valid. But when it comes to protecting yourself legally and leaving an abusive marriage, it’s an unfortunate fact that both those things hold weight.

We know what physical abuse looks like because it leaves a mark, but verbal and emotional abuse are harder to detect and often go unreported. Emotional abuse might mean insulting you, making threats against you or your loved ones, controlling you, repeatedly accusing you of being unfaithful, or belittling you. Your spouse might go out of the way to destroy your self-esteem or tell you things like, “No one else but me would put up with you.”

Domestic violence does not discriminate. Anyone of any race, age, sexual orientation, religion, or gender can be a victim—or perpetrator—of domestic violence. It can happen to people who are married, living together, or who are dating. It affects people of all socioeconomic backgrounds and education levels.

Domestic violence includes behaviors that physically harm, arouse fear, prevent a partner from doing what they wish, or force them to behave in ways they do not want. It includes the use of physical and sexual violence, threats and intimidation, emotional abuse, and economic deprivation. Many of these forms of domestic violence/abuse can occur at any time within the same intimate relationship.

Once you’ve finally accepted what abuse looks like in your own marriage and that you’ll no longer put up with it, leaving is easier said than done.

You spouse is, after all, abusive—his* sense of self is tied up with his control over you. Even if you aren’t being physically threatened, it’s not entirely clear what your spouse is capable of.

Hell, it’s not entirely clear what you’re capable of. Are you strong enough to leave him? Are you strong enough to stand on your own two feet? You no longer know anymore.

You do know, though, that he will do everything in his power to make sure you never find out your strength.

If you plan on leaving an abusive marriage, there are some steps you’ll need to take first.

The following is based on my personal experience leaving an abusive marriage. Because it was so difficult, I want other women to know certain things. Among them is the importance of finding out what your rights are and what your choices are, legally.

You must know what’s legally enforceable, so you can be prepared and protect yourself. Sometimes there is no time to consult with an attorney. Instead, you must act, so you call the police. Other times, you simply think about making that call. What will be the impact of calling the police . . . for you, for your spouse, and for the kids? Find out first so that if it comes to that—and it may come to that—you are prepared and can protect yourself and your children.

Believe in yourself

Abusers are master manipulators, so the first thing you must do to protect yourself from your spouse is believe in yourself.

This can be hard, but as a “Millie,” a SAS for Women colleague (now working as a divorce attorney), shared, beginning to believe in yourself might look like reaching out to those who genuinely love you. For Millie, she realizes now how important it was for her to ultimately tell her most trusted friends and family what was really going on in her marriage:

“My first husband was an addict and I kept ‘our’ dirty secret to myself because I was so embarrassed at my poor choice in a husband. I isolated myself by making my Ex’s bad behavior associated with me. Once I finally left and then told everyone, the support was tremendous. I wasn’t judged as I thought I would be.”

No matter how hard your spouse works at planting seeds of doubt in your mind, you must grow vigilant and stubborn in your belief in yourself.

1. Connect with safe friends, if possible.
2. Work with a good therapist and be truthful with them.
3. Find a certified coach experienced in supporting people like you—people who are striving to change their circumstances.
4. Consult with an attorney to learn what your rights are and what steps you can take to protect yourself.

But ultimately, you’ll need to find the courage to leave within yourself.

Protect your finances

Abusers often use money to control their partner. If you don’t control your own money—if you don’t even have access to it or if that access can easily be taken away—you don’t have the financial security you need to leave your spouse.

If you don’t already have a bank account of your own, get one. Set your PIN to something your spouse will never guess, and if all else fails, get a credit card.

Unfortunately, financial abuse occurs in 99% of all domestic abuse cases, and the effects can negatively impact survivors for years after they escape. Leaving an abusive relationship is only the first step, and many people can feel financially overwhelmed once they are out and on their own.

Ask a lawyer what you can do to put things in place to protect yourself. Talk to a certified divorce financial advisor to hear their suggestions. (Having that discussion doesn’t necessarily mean you’ll get divorced, and everything you talk about is confidential.) And consider this article for steps you can take to rebuild your financial identity and credit.

Gather proof

Perhaps you don’t want things to get nasty (or nastier) or you are not sure you want to divorce, but just in case you must leave, there are different types of evidence you can gather to make a case for spousal abuse, such as photographs of injuries or broken property, documentation of emails or text messages, and testimonies from witnesses. Videos are sometimes permissible depending on what state you live in. Research your state’s laws on videotaping without permission of the subject.

When gathering evidence, try to simplify it as much as possible, but make sure to note down the time and date the abuse occurred. One way to do this is to write emails to yourself because the emails have a valid date/time stamp. The documentation is also stored in a cloud and thus safe from an abuser finding notes, photos, etc. and destroying them. The emails can be as simple as “At 8:43 p.m. Tom called me a fat bitch and that I was lucky that he didn’t leave me,” or “Tom came home at 11:35 p.m. and smelled very strongly of alcohol and pot.”

Start documenting now. It is hard to go back and track and trace. Women have a high tolerance for pain and an uncanny ability to forget it afterward. Think about it, we’d never give birth a second time if we could really recall the extent of that first experience! So, while the memory of your pain is alive, you must keep an ongoing record of it—as brutal as that sounds.

Note from SAS for Women: If you are in the planning mode, we encourage you to consult with an attorney to hear what you should be documenting as relates specifically to your situation and what your choices are to change things. What happens if you call the police during an incident? What would be expected of you afterward (going to the courthouse and filing the complaint officially)? What would happen to your spouse? You need to understand the process and what the impact of each step you take will be.

Truth be told, it’s when filing at the courthouse that most women cave . . . somehow everything starts to feel real there. You don’t want to “hurt your spouse,” you start thinking to yourself. You withdraw your complaint. As a result, your problem almost never goes away.

File a report

The fact is, reporting and filing instances of abuse to the police gives you a report, and having this report available could do much to prove your case.

If you’re truly in fear for your safety, this should be your first course of action (besides gathering proof). You can also go to your town’s family court, or if you live in New York City, for example, the New York Family Court, and request an order of protection.

It’s best to note down at least three instances when your spouse endangered or caused you to fear for your life and safety, with one being very recent. This is where your ongoing record keeping plays an important role.

With filing, be as authentic as possible, and never lie—you don’t want to do anything that destroys your case. You’ll fill out a form, wait to see a judge, and based on the evidence and testimonies, the judge will either grant or reject the order of protection. You can also bring along your attorney to fight on your behalf. The order of protection will restrict your spouse from communicating with you directly.

Note from SAS for Women: Filing an order of protection will also mean your spouse will have to leave the family home and live somewhere else.

Know that. Make sure you understand how your spouse will learn about the order of protection. Where will you be when he does? What happens after? Do you need to go home and make sure some friends come over, or do you not go home at all? You need to learn about each step, so you can imagine what your spouse will do at each juncture and plan accordingly. Consulting with an attorney is very important.

Hire an attorney

You want an attorney with a track record in divorce or separation from abusive spouses. This attorney must be available at any time and want to protect you. She will become a line of defense against your spouse. An abusive spouse may become enraged that you have taken back control of your body and mind—that you have reclaimed your integrity—and continue to lash out. But you’re doing the right thing. Hold steady. Your lawyer is good if she makes you feel protected and strengthened.

Chances are a divorce agreement may be in your future, and if it is, in that document you will want to separate yourself from your spouse in every way possible—financially, personally, and physically. Review with your lawyer and try to limit as much as (legally) possible your spouse’s rights to your apartment, car, insurance, registration, and will. Anything and everything you can think of. Review all things thoroughly with your lawyer. Ask your lawyer about the legal consequences if your spouse does not comply.

Stow away what’s important to you

There are legal documents that are important for you to gather before you leave, things like social security cards, birth certificates, insurance policies, copies of deeds, proof of income, bank statements, and more. When abuse is physical, there’s not always a “perfect” time to leave. Your escape might feel more like fleeing. What, if anything, are you prepared to leave behind?

Just in case, have a getaway plan

Find a safe place to stay, and get familiar with your husband’s schedule. When will he be out of the house? You’ve thought of the children’s schedule, no doubt, but have you made plans for the family pet? Abusers often use a pet or children as leverage against a spouse to blackmail them.

If you have kids, talk to a lawyer or the police before taking them anywhere.

Don’t rely on your phone to memorize escape routes or the phone numbers of the people or organizations you’ll need to call for help.

You might even want to establish a “code word” to let your family, friends, and anyone else who you can call for help know that you need them without letting your abuser know.

Local shelters are sometimes able to escort victims of spousal abuse from the home when they move out. Or perhaps, if you must leave the family home, you might have a couple of strong friends who can support you that difficult day.

What to do after leaving an abusive marriage

Leaving is a hard step, but after you leave, it’s important to stay on the alert. Change up your routine. If you have a new address, request that the DMV withhold your ID from the public, though they may make it available to institutions like banks. Request that the Family Court withhold your address from divorce documents.

Try to fight the temptation to isolate yourself because that’s when you’re the most vulnerable. Remember, isolation was how your spouse controlled you. The humiliation and shame you might still feel after leaving—it’s what your spouse is banking on. He wants you to believe that no one else “understands” you quite the way he does. And no one ever will.

But you are not alone.

In the US, nearly half of all women and men have experienced psychological aggression (emotional abuse) by an intimate partner in their lifetime. But because the abuse happens behind closed doors, it’s so easy to think of yourself as the outlier. If you don’t have a friend, family member, therapist, coach, lawyer, or someone else in your life you can talk to, you can and must look for professional help. You can also try calling The National Domestic Violence Hotline at 1 (800) 799-SAFE (7233) to discuss your situation and be connected with resources that exist for a very good reason.

You do have strength. We believe in you.

Isabel Sadurni is a motion picture producer with over 15 years’ experience in filmmaking. She collaborates on feature films and series with independent and commercial filmmakers who share the belief that a story told well can change the world. Her work includes award-winning feature-length documentaries and short narratives that have played in top-tier festivals and on HBO, PBS, and The Discovery Channel. Her focus is in working on films that are vehicles for change for people, for communities, and for the planet. 

Whether you are considering a divorce or already navigating the confusing experience, one thing we see making a significant difference for women is the conscious choice to not do divorce alone. Since 2012, smart women around the world have chosen SAS for Women to partner them through the emotional, financial, and oft times complicated experience of Divorce.

“A successful divorce requires smart steps, taken one at a time.” – SAS for Women 

 

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as a “he.”