Fact One: Safety First.
Every divorce client should evaluate the risk to him or her of family violence during the initial separation and ensuing divorce. While you may believe the risk of your spouse becoming violent is slight, remember that the end of a marriage can provoke very strong emotions.
Have a safety plan for you and your children. Do you have a family member or a close friend who can provide you with a safe place to stay until matters are resolved?
If there has been a history of family violence in your marriage, act with extreme caution and consider obtaining a family violence protective order. If family violence has occurred in the past and there is a clear and present danger that it will occur in the future, a temporary, emergency protective order may be issued by the court.
Avoid any and all physical altercations with your spouse during the initial separation. While this may seem common-sense, a finding of family violence by a divorce court may result with you having reduced time with your children, or even result in you having to visit with your children under third-party supervision.