Gavels Down, Voices Up with Attorney Rachel King

Breaking Free: Divorce, Domestic Violence, and Legal Protections


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When is the right time to get divorced? That’s one of the most common questions I get asked—and as an attorney, not a therapist, my answer is always based on the legal and financial realities of leaving a marriage. In this episode of Gavels Down, Voices Up, I break down what you need to consider before filing, especially if domestic violence is part of the equation.


From understanding the legal protections available to debunking common myths about custody, support, and asset division, I’m sharing insights that can help you make informed decisions about your future. Whether you're contemplating divorce or already in the process, this episode will give you the clarity you need to move forward with confidence.


In this episode, you’ll learn:

  • Why the right time to divorce is different for everyone: If you’re emotionally checked out and unable to participate in the marriage, that’s a strong sign it’s time to move on.
  • The legal protections available for domestic violence survivors: Restraining orders can impact custody, spousal support, and even housing rights during divorce.
  • Why financial abuse is a form of domestic violence: Controlling money, restricting access to funds, and financial threats can all qualify as coercive control in the eyes of the law.
  • How courts handle custody in cases of domestic violence: There’s a legal presumption that an abuser should not have custody, but overcoming that presumption is possible in some cases.
  • The importance of documenting abuse for court proceedings: Without evidence like police reports, photos, or messages, proving abuse can be difficult, even if it was ongoing.


If you found this episode helpful, please subscribe, leave a review, and share it with anyone who might benefit from these essential estate planning tips!


Ready to learn more about Rachel King:

Website: https://rachelkingattorney.com

LinkedIn: https://www.linkedin.com/in/thelawyerking/

Youtube: https://www.youtube.com/@rachelkinglaw

Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67

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Rachel's upcoming book, "Getting Divorced: Now What?", is available soon. Visit https://rachelkingattorney.com/ for more information and to pre-order your copy.


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Gavels Down, Voices Up with Attorney Rachel KingBy Attorney Rachel King