Where I live, I have the option of two types of divorce:

(1) I can file for legal separation which separates our assets, real estate, and starts my portion of his retirement/spousal support (if granted); and if the separation is uncontested for 12 months, then the divorce is granted.

(2) I can file for legal separation/divorce together since there was physical abuse and I moved to a women's shelter for my physical protection.

I've already taken back my maiden name as it doesn't require a court order where I live.

Both my attorney and police recommend divorce #1. I'd prefer #2 so the abuse is documented since I have chosen not to press charges. That notation on the divorce might be a little red flag to any future partners. Of course, abusers can be so charming, I'm sure he'd sweet-talk any potential partner into thinking I abused myself or deserved the abuse.

The advantage of #1 is that soon-to-be-Ex would have to wait a year to marry his girlfriend; and hopefully she'd realize he's an abuser prior to that so her young son wouldn't have to go through the trauma of a controlling, abusive step-father.

The advantage of #2 is that there would be closure sooner.

Does anybody see any other advantages of either option?

Thanks,

LookingUp