Question from a reader:
I am suffering from mental, economic, and sexual domestic violence from my husband. I have been advised by lawyers, DV counselors, and my psychiatrist to separate and seek refuge as soon as possible. My daughter, who is a high school student, and I have been able to sign a lease for a new place under a relative’s
name, but I am currently looking for a job, and until I stabilize my income, I will need to borrow rent and living expenses from my relatives. In a free legal consultation, I received a rough estimate regarding property division, child support, and compensation in the event of a divorce. Can I also claim the rent and living expenses incurred during the separation from my husband?

Evacuating from DV and Its Legal Aspects

The issue of domestic violence (DV) is extremely serious and has a significant impact on individual lives. Your question includes specific concerns while dealing with mental, economic, and sexual DV. Particularly in the context of considering separation, I would like to address your questions regarding living expenses and rent from a legal perspective.

Separation and Legal Protection

First of all, if you are experiencing DV, it is crucial to evacuate and separate. It is understandable that lawyers and DV counselors encourage you to take action quickly. Ensuring the safety of yourself and your daughter is the top priority through separation. Legally, when considering divorce, you can cite DV as a reason, and the court will place significant weight on that evidence. It is important to keep thorough records of evidence related to DV. For example, if you have photos, emails, or messages that can prove the violence or threats you have experienced, they may be useful in future court proceedings.

Claiming Rent and Living Expenses

Now, I would like to touch on the point that you have been able to sign a lease for a separate residence under a relative’s name. Your question is whether you can claim rent and living expenses from your husband, and there are several points to consider. First, property division, child support, and compensation after divorce are typically determined through negotiations or court proceedings at the time of divorce. These financial aspects are generally claimed after the divorce is finalized. However, whether you can claim living expenses and rent incurred during separation is a separate issue. Basically, victims of DV have the right to claim living expenses. Especially in your case, where you are making efforts to secure a stable living foundation, such claims are justified. If you are facing economic hardship due to the effects of DV, the court may understand and take that situation into account.

Specific Claim Methods

Let’s consider specific methods for making claims. First, after you begin your separation, you may consider claiming living expenses and rent from your husband. In this case, it is important to create an invoice detailing how much is needed and from when. If possible, it would be beneficial to attach supporting documents (such as the lease agreement or details of living expenses) when sending the invoice. Additionally, obtaining a medical certificate from your psychiatrist or records of counseling may also help in proving the impact of DV. By preparing these documents, you can present your situation objectively.

Child Support and Compensation

I would also like to touch on child support and compensation after divorce. Generally, the husband has an obligation to pay child support for the wife and children. If you have been a victim of DV, that may also affect the amount of child support. For example, if the court determines that the DV has impacted the children or that you need a stable environment for your mental well-being, the compensation may be higher. The specific amounts are typically determined through negotiations or mediation at the family court. It is important to assert your most important needs without being pressured into an agreement.

Conclusion

Escaping from DV is a decision that requires great courage. It is natural to feel economic anxiety in this situation, but legally, you have rights. As a victim of DV, it is possible to claim living expenses and rent, and it is important to proceed with the necessary procedures. Of course, depending on the situation, it may also be necessary to seek advice from professionals. Consulting with experts such as lawyers and DV counselors is crucial to protect your and your daughter’s safety while exercising your legal rights. It may be difficult both physically and mentally, but you can gradually move forward. I hope you can start your new life with peace of mind.