For the millions of individuals suffering violence at the hands of their spouse, divorce may seem like an unachievable option. Unfortunately, many victims are scared of the repercussions they could face if they file, leaving them stuck in the domestic abuse cycle. However, if you have filed for a divorce from an abusive spouse, it is imperative to understand what you should expect from this process. The following blog explores what you should know about how acts of violence can influence the outcome of your divorce and why connecting with a Somerset County domestic violence attorney is critical if you are going through a divorce.
What Constitutes Domestic Abuse?
There is a common misconception that domestic violence is limited to physical abuse between intimate romantic partners. While this is often the most common situation, many forms of violence can occur between those who have a relationship that is not romantic.
Generally, any time one person attempts to maintain control and power through intimidation, manipulation, or harm, it constitutes abuse. As such, you can still be a victim of domestic violence even if your partner has never physically hurt you before. The following are all considered forms of relationship violence:
- Physical abuse – hitting, slapping, pushing
- Sexual abuse – rape, assault, molestation
- Emotional abuse – humiliation, threatening, continual monitoring
- Verbal abuse – demeaning language, ridicule, and degradation
- Stalking – in-person and digitally
- Financial abuse – taking your income or limiting how much of your own money you can spend
How Will Domestic Violence Influence My Divorce?
If you have experienced any form of domestic violence during your marriage, it can have an impact on the outcome of your divorce.
One of the most considerable outcomes is that the judge can deny an alimony request from an abusive spouse. This helps ensure the victim does not need to financially provide for the individual who subjected them to harm. In addition, you may find that the judge may grant the victim a larger share of assets when dividing marital property to compensate the individual for the base they’ve suffered.
However, one of the most substantial matters will be child custody. If you and your spouse have children, the courts will consider the best interest of the children when deciding on these matters. As such, it’s important to understand that if abuse is present, the courts likely will not grant the abusive spouse custody, as it would not be in the best interest of the child to be in their care.
When you’ve suffered at the hands of your spouse and have done everything possible to ensure you are safe before filing for divorce, you should be proud. This is an incredibly difficult thing for many victims to do. As such, it’s in your best interest to ensure you connect with an experienced attorney who can help you fight or the best possible outcome. Our team will do everything possible to help you move on from this chapter of your life so you can focus on healing. Connect with us today to learn how we can fight for you.
