Divorce

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. 

• • For example, a victim can physically separate from their spouse for many years but remain liable for their future credit card debt, student loans, judgments against them for torts, medical bills, and other obligations.

Absent a divorce decree, both biological parents have equal rights to legal and physical custody of the children in common. 

• • For example, this means that the husband is legally allowed to take the children off of Tribal or state lands, move to another jurisdiction, enroll the children in a different school, change the child’s religion, and consent to medical procedures without the mother’s permission.

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.