How Does Domestic Violence Affect a Divorce Case?
If you are divorcing your husband or spouse and citing domestic violence as the reason, it can change how your divorce case moves through the system. In the United States, according to the Census Bureau, there is one divorce approximately every 36 seconds. Domestic violence is a serious charge. Here is how domestic violence (DV) can change your divorce.
You Must Have Proof
It is not enough when divorcing your husband or spouse to make DV allegations if you don’t have proof. You should have police reports, photographs, and witness statements to substantiate the charges. While most people will not claim DV during a divorce unless it happens, some people will make false allegations.
Be prepared to substantiate your claim that domestic abuse in your relationship led to the divorce action. Without proof, your claim will be tough to prove.
Child Custody
If you can prove you are a DV victim, it will affect child custody rulings. In some cases, divorcing your spouse on the grounds of DV may prevent your spouse from seeing the children alone. Supervised visits will likely be initiated by the courts to protect the children.
In most cases where DV is provable, the court rules in favor of the parent that was victimized. Domestic abuse can affect child support and how child custody plays out, along with other areas.
Alimony
Alimony in domestic abuse cases is usually found in favor of the victimized party. Domestic abuse doesn’t always mean physical violence, it can be economic violence as well. For example, if your ex-spouse refuses to allow you to work. The court will consider all aspects of the case before deciding about alimony.
If you could not work because of your abuse situation, built your credit profile, or were completely reliant on your spouse for income, that will all be considered before a ruling is made about alimony. In most cases of DV, the victim has the upper hand in outcomes.
Other areas that may be affected in a DV divorce include the division of marital assets. Divorcing your husband or spouse in the case of domestic violence can change a lot of things. Speak with an attorney today at C.E.L. & Associates Inc. to learn more.