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You Need to Know How Domestic Violence Can Affect Divorce
October 19, 2017
Over the years, many states have been good about enacting laws that help those who have fallen victim to domestic violence in their marriages. Thanks to these laws, it is now more comfortable and less difficult to receive a divorce when you are the victim of abuse, and there are ways to approach your case with ease. Today we will share how domestic violence could have an effect on your divorce and what you can take with you as you attempt to take strides in these situations.
The Initial Filing
Because many states take on the premise of no-fault divorce, it is not possible to file for divorce based on domestic violence alone, as usually the courts will not hear these matters. However, you can use the abuse as a grounds for divorce and show evidence that could help you in your time of need, especially when there are children involved. This includes both mental and physical abuse.
Effect on Custody Matters
One of the biggest issues that comes into play with domestic violence issues is what will happen in regards to the children and their safety. If a spouse is abusive in their household or has taken their anger out on their children, then they are less likely to gain custody. The best thing that you can do during this time is to gather evidence that will show the court how your spouse has been abusive and the effect it could have on your children. A judge could make many orders in this case, one of which involves suspending a parent’s rights to see their child, or making it so that they must attend supervised visitation for their child’s safety.
Marital Estate and Alimony
Domestic violence could also have an effect on estate and alimony issues during divorce. When a spouse has been abused, for instance, sometimes the courts will award a larger share of marital estate to them. This is due to the fact that, in many abusive relationships, a spouse will prevent or harm a spouse’s ability to maintain employment, leading to larger awards in the end. The same can be said in cases of alimony. Perhaps a spouse kept you from attending college and you ended up not being able to find steady employment. Alimony could be rewarded to keep you on your feet.
Domestic violence can have many effects on a marriage and divorce, which is why it is such a good idea to tread with care in these cases. We understand how exhausting and difficult these matters can be, which is why we are here for you. Call us today to find out how we can help.
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