QUESTION
How can I get a divorce without getting my husband to jail?
Asked on Apr 25th, 2014 on Divorce - Idaho
More details to this question:
I was in a severe domestic violence situation with my husband. I would like a divorce and child support for our children. However, I am afraid that the judge will look at his pattern of severe violence and send my husband to jail. Because of my religious beliefs this would shun me from my community. Is there a way to avoid the judge sending him to jail for the beatings and still apply for a divorce? Is this inevitable? I want him out of my life for good, but I cannot afford to be kicked out by my religion.
6 ANSWERS
As a general rule divorce court judges can only send people to jail if/when they find the person in contempt of court. And even then jail is not the first option. Divorces are civil cases. Civil cases are generally do not involve jail time. Domestic violence is a crime. In a criminal case jail is always a possibility, even when the offense is relatively minor, such a disorderly person; in serious cases (such as murder) jail is a given. Prosecutors file criminal charges after receiving a police report about a given incident. If you do not file a report with the police then the prosecutor's office will not know about your situation.
Answered on Apr 25th, 2014 at 7:57 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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A divorce judge cannot order jail unless the husband is found in contempt of court.
Answered on Apr 25th, 2014 at 2:16 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you file for a divorce and he agrees and does not fight it most likely a judge would not put him in jail. its a divorce court not a criminal court. However, If he makes a lot of trouble and you need to get a PPO and he continues to violate it or beat you up.. while opposing the divorcehe might get thrown in jail.
Answered on Apr 25th, 2014 at 1:26 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can certainly get a divorce, at least in Nebraska, by alleging irreconciliable differences. That would not put him in jail.
Answered on Apr 25th, 2014 at 1:16 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Filing a divorce is a civil matter and the court has no authority to send anyone to jail in a civil matter. You can file a divorce. The only way he would go to jail through a civil case is if he violates certain kinds of court orders.
Answered on Apr 25th, 2014 at 1:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Unless you filed a complaint with the police, I doubt the judge will send him to jail for the beatings. He may send him to jail for violating a no-contact order, but that will not be your fault it will be his. And an editorial: any group that shuns a woman for protecting herself and her children is not worth being a part of.
Answered on Apr 25th, 2014 at 1:05 PM