Without a divorce order or dissolution decree, victims may face numerous challenges, even if they have physically separated from the spouse for many years.
Without a divorce, victims are financially responsible for any future debts incurred by their spouse.
Absent a divorce decree, both biological parents have equal rights to legal and physical custody of the children in common.
Victims may not be able to dispose of or acquire property (e.g. a mortgage, a motor vehicle, a piece of farm land, or a boat) without a husband’s signature.
Up to half of any equity that the victim builds up in a home, business, farm, or vehicle may later be claimed by the other spouse in community property jurisdictions
Without a divorce decree, the other spouse may have access to the victim’s retirement accounts and pensions.
A victim’s non-divorced spouse can ruin a victim’s credit score and prevent her from accessing financing for a vehicle, credit card, mortgage, or business loan.
When initiating divorce proceedings, it is essential to file in the correct jurisdiction. Couples domiciled or living within the same Tribal jurisdiction must file for divorce in Tribal court. Filing the divorce in the jurisdiction where the children have been living for that last six months is highly recommended.
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*NICCSA is a project of the Southwest Center for Law and Policy (www.swclap.org) This project is supported by Grant No. 2017-SA-AX-K001, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.