How Does Domestic Violence Affect Divorce Proceedings?
A history of domestic violence is almost certain to make divorce proceedings more complicated. If your partner has abused you and you want to file for divorce, we want to help you. A Morristown domestic violence attorney from our firm can help guide you through this process and negotiate a fair divorce agreement.
What is Considered Domestic Violence?
Domestic violence is not just physical abuse. Someone can be accused of domestic violence if they try to isolate their spouse, financially abuse them, or do things that can undermine their mental health. Our lawyers can help you get an order of protection and start the divorce process in a safe place, away from an abusive spouse.
Can Domestic Violence Be Grounds For Divorce?
If you want to use domestic violence as your grounds for divorce, you can. You don’t have to though. In order to use it as grounds for divorce, you have to prove that the domestic violence occurred. This can be difficult to do, but more than that it can also be traumatic for the person filing for divorce.
It’s understandable if you do not want to relive any of the abuse you have experienced. New Jersey allows you to file for a no-fault divorce instead. You do not need to give any reason besides “irreconcilable differences” if you go this route.
How Does a Domestic Violence Accusation Affect Child Custody?
One part of your divorce agreement that is likely to be affected by a history of domestic violence is child custody. Even if your spouse never abused your children or committed abuse in front of them, their actions can still count against them. It can be easier to argue for an arrangement where you have the kids for much of the time.
Most of the time, the court still wants to give both parents the chance to maintain a relationship with their children. This could mean that your spouse gets supervised visitation sessions despite the history of violence.
What Other Negotiations Can Be Affected?
It is also common for alimony to be affected by a history of domestic violence. In some cases, an abused spouse is left with mental health issues and other problems that make it more difficult to support themselves. If you are struggling to work due to your past trauma, that may make it possible to argue for a more robust alimony agreement. This money can help you support yourself, pay for mental health services, and do anything else that you need to do to get back on your feet and support yourself.
Talk to a Divorce Lawyer
When you are ready to learn more about how our team can be of assistance, contact Lazor Rantas, PC. Schedule a consultation and see what our experienced family lawyers can do for you in this trying time.
