How Does Domestic Violence Impact Divorce Proceedings?
If you have experienced violence at the hands of your spouse, you may make the decision to file for divorce. This can be a difficult matter, so connecting with our Morristown divorce attorneys can help you figure out the best way to proceed with your divorce. We can also help you fight for an outcome that keeps you and your family safer. As such, understanding the impact that accusations, charges, or convictions of domestic violence can have on your divorce is critical. This blog explores what you should know about this process.
What Can Be Considered Domestic Violence?
Domestic violence occurs when there is an occurrence of physical, verbal, emotional, sexual, or financial abuse against two people in an intimate relationship. While this most often refers to dating or married couples, domestic violence can also impact members of a household. As such, common acts that may constitute domestic violence under New Jersey law include:
- Physical assault (hitting, punching, slapping, kicking)
- Strangulation
- Criminal restraint
- Sexual assault
- Making threats
- Stalking
- Trespassing
- Harassment, whether in person or online
Safety and Immediate Relief
- If you are in danger, call 911
- You may be able to request a temporary restraining order against your spouse for the duration of your divorce, which could result in the issuance of a final restraining order
- Save any evidence, including texts, emails, photographs, medical records, and bank statements
Is Domestic Violence Grounds for Divorce in NJ?
In the event you decide to file for divorce from an abusive spouse, you may wonder if you are able to declare this as the reason you have chosen to file. Domestic violence can be grounds for divorce, as it is usually considered “extreme cruelty.”
It is important to note that opting for an at-fault divorce can have drawbacks, as you would have to prove your claim in court. Even if you do have evidence, this can be a stressful situation. However, your attorney can seek protective measures, like sealing documents, to help protect your safety.
It’s important to understand that, in the event that pursuing a divorce on these grounds would be traumatic, you can still pursue a no-fault divorce. This allows you to file on the grounds of irreconcilable differences without alleging abuse from your spouse. However, you can still present evidence of the abuse you’ve suffered, as it can impact different aspects of your divorce, even when filing on the grounds of irreconcilable differences.
Will a History of Domestic Violence Affect a Divorce Settlement?
If you do decide to bring up the domestic violence in the divorce, it could affect some parts of the settlement.
Child Custody and Parenting Time
Perhaps unsurprisingly, child custody and visitation agreements are likely to be affected. If your spouse is convicted, charged, or credibly accused of DV, it could be harder for them to secure custody or visitation rights. This is because the courts must prioritize the best interests of the child. As such, the court may:
- Deny custody
- Order supervised visitation
- Require mandatory participation in counseling
- Implement safe-exchange locations
Equitable Distribution
As for property distribution, New Jersey courts will divide marital assets in accordance with the state’s equitable distribution statute. If your spouse’s behavior affected the value of your property or they abused you financially, this could mean a more favorable arrangement for you when the property is divided up. Examples of economic abuse include:
- Coerced debt
- Destruction of property
- Marital waste
Alimony
Finally, alimony arrangements could also be affected if there are accusations of DV. Judges have broad discretion here, so they could factor in any violent behavior from your spouse. This could be especially likely if their behavior stopped you from supporting yourself, like if they harmed you and made it difficult for you to work:
- Chronic physical injuries
- Psychological injuries
Talk to a Family Lawyer Today
When you are ready to file for divorce, Lazor Rantas, PC is here to fight for you. Our team understands the impact that domestic violence can have, which is why we are proud to represent clients in Morris County and the surrounding areas. When you need help, contact our team to learn how we can help you seek the best possible outcome.
