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Gary Blaustein, Esq  Feb. 16, 2024

Divorcing a Controlling Spouse 

Breaking the chains of a controlling relationship through divorce is a bold move toward self-discovery and resilience. However, if you're doing so, it's important to be able to identify the signs of a controlling spouse, protect your rights, and start anew with courage and clarity. 

Warning Signs Your Spouse Is Controlling 

There are too many marriages where one spouse exerts an unhealthy amount of control over the other. It's vital to recognize these signs early on, not just for your peace of mind but also for your safety. A controlling spouse may constantly criticize you, isolate you from friends and family, or insist on making all the decisions in your household. They may also frequently check on your whereabouts and demand access to your personal devices. 

Another red flag is if they belittle your accomplishments or aspirations. This is a tactic used to undermine your self-esteem and keep you dependent on them. You might also notice that they're overly possessive or jealous, which is a common sign of control. Remember, it's crucial to understand that these behaviors are not reflective of a healthy relationship. 

How This Can Affect the Divorce Process 

When considering divorce, the presence of these controlling behaviors can significantly impact the process and the individual’s well-being. Individuals leaving a controlling spouse may face obstacles such as manipulation during legal proceedings or intimidation tactics to concede to unfair terms.  

The emotional and psychological toll can also be substantial, leading to anxiety, lowered self-confidence, and difficulty in making decisions independently. Moreover, the isolation from support systems, a strategy often employed by a controlling partner, can mean fewer resources and emotional support during the divorce.  

It's crucial to acknowledge these potential effects and seek professional legal and psychological assistance to navigate the divorce process effectively and to protect one's interests and mental health. 

How to Go About Divorcing a Manipulative Spouse  

The decision to divorce a controlling spouse is never easy. It requires careful planning and a strong support system. First, ensure your physical and mental well-being. Reach out to trusted friends, family, or professional counselors who can provide emotional support during this challenging time.  

Next, gather all necessary documentation. This includes financial records, property deeds, and any evidence of abuse or manipulation. Keeping a journal of incidents can be particularly helpful. Most importantly, seek legal counsel. An experienced divorce attorney can guide you through the process and protect your interests. 

Contested Divorces in New Jersey 

In New Jersey, a contested divorce is one where the spouses cannot agree on key issues such as child custody, child support, division of assets and debts, and alimony. This type of divorce is more complex than an uncontested one and can extend the time it takes to finalize the divorce due to the need for legal intervention. When one spouse files a complaint for divorce, the other has the opportunity to answer and dispute the terms set forth. 

During this arduous process, New Jersey courts encourage mediation to help couples reach an amicable resolution. However, if the parties still cannot agree, the case will go to trial, where a judge will make the final decisions. It is essential for anyone navigating a contested divorce in New Jersey to have skilled legal representation as the stakes are high and the legal intricacies can be quite daunting. The process requires careful navigation to ensure a fair settlement and to protect the rights of both parties involved. 

Special Considerations in High-Conflict Divorces

High-conflict divorces often involve additional challenges such as child custody disputes and concerns about mental health or safety. Unfortunately, controlling spouses may attempt to manipulate the situation to their advantage, especially when it comes to custody battles. It's essential to have a lawyer who can advocate for the best interests of you and your children. 

Mental health is another critical issue in these cases. The stress and emotional toll of a high-conflict divorce can be immense, so it's vital to prioritize self-care and professional help if needed. 

What to Look for in a Divorce Lawyer

In seeking a divorce lawyer, you'll want to look for someone with a robust background in family law and a track record of handling high-conflict divorce cases. They should be highly skilled negotiators, able to advocate fiercely for your interests, yet also adept at following through a collaborative law approach if that aligns better with your goals. Look for an attorney who is compassionate and understands the emotions involved in divorcing a manipulative spouse. Ask for testimonials or references from past clients who have been in similar situations. 

Your divorce attorney will be pivotal in dealing with the legal system. They can protect you from the manipulative tactics of a controlling spouse by setting up measures that ensure your communications and negotiations are fair and documented. The attorney will help you understand your legal rights and secure your financial future post-divorce by advocating for a fair distribution of assets and, if applicable, alimony. Most importantly, they can propose custody arrangements that prioritize the well-being of your children, represent you in court firmly and confidently, and work to obtain a decree that is in your best interests. 

Get in Touch With a Skilled Attorney

As an advocate for clients throughout Basking Ridge, Warren, Somerville, and Bedminster, I bring my extensive experience and dedication to every case. My approach is tailored to each client's individual needs, ensuring that they feel heard and supported during this difficult time. If you're considering a divorce and need legal guidance, don't hesitate to reach out to my firm, Gary Blaustein, Esq. It's time to take the first step towards reclaiming your freedom and peace of mind. 


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