How Can Having an Abusive Spouse Impact Divorce in Wisconsin?

 Posted on April 23, 2025 in Divorce

Domestic violence is always devastating. Too often, people living with an abusive spouse feel trapped because the uncertainties of divorce can leave them fearful, especially if they have children with the abuser. Currently, Wisconsin remains a no-fault divorce state, which means that you can leave without proving wrongdoing. Additionally, there are legal protections that could help keep you and your child safe, and an experienced Waukesha County, WI divorce attorney can help you understand your options.

Filing for Divorce When Your Spouse Is Abusive

Being afraid for your safety can make filing for divorce much more intimidating. It is not uncommon for victims of an abusive spouse to delay divorce for fear of retaliation. Sometimes, feelings of shame can cause you to hide the truth, especially in a no-fault divorce state, where you may feel it is unnecessary to disclose this information. Realistically, telling your attorney about the abuse right away is important, especially if your spouse has been criminally charged with domestic violence under Wisconsin law.   

Getting a Restraining Order During Divorce Proceedings

One way to protect yourself when filing for divorce under potentially dangerous circumstances is to file a restraining order against your spouse. It offers sufficient protection in most cases. A restraining order restricts your spouse from contacting you and can be customized to cater to your situation. In Wisconsin, these legal injunctions come in several types that may apply to a domestic violence case:

• Domestic abuse: Granted for behaviors like assault, sexual assault, stalking, intentional damage to your property, or threat to commit any of those acts
• Harassment: More broadly covers acts like striking, kicking, shoving, threats, and acts of intimidation
• Child abuse: Granted for physical injury to a child, manufacturing drugs with a child present, trafficking, sexually assaulting or exploiting a child, and causing emotional damage

If your spouse has engaged in any of these actions, speak to an attorney about filing for a restraining order for you and your child, if necessary.

Determining Custody When a Spouse Is Abusive

A common concern for a parent leaving an abusive spouse is what will happen with child custody. In most states, including Wisconsin, a child’s best interests are the court’s priority when assessing a custody case. Depending on the severity of the abuse and how long it occurred, a record of domestic violence can cause a judge to deviate from the standard joint custody agreement. Speak with your attorney about the unique circumstances in your case to get a better assessment of how it could impact your custody order.

Call for a Free Consultation With Our Waukesha, WI Conflict Divorce Attorneys

At Bucher, Wolff & Sonderhouse, LLP, we understand the sensitivity of domestic violence cases and the common concerns victims have about filing for divorce under such difficult circumstances. Our Brookfield, WI divorce lawyers are available 24 hours a day, seven days a week to help you make an informed decision about your future. Call 262-232-6699 to schedule a free consultation.