How Does Domestic Violence Change the Divorce Process?
Domestic violence affects hundreds of men and women across the country
each year, and it is no surprise it is the basis of many divorces. If
you are a victim of domestic violence from your spouse and are seeking
a divorce from this person, you may be wondering how the presence of domestic
violence affects the entire divorce process. While domestic violence can
modify many aspects of divorce, it is most concerning when there are children involved.
The following are the areas of divorce which may be affected in the event
of domestic violence:
- Child custody – Evidence of domestic violence is very likely to impact
child custody, and the offending spouse has a very low chance of gaining
custody of the children--even if the abuse didn’t occur in front
of the child. If the offending parent does get the opportunity to have
custody of the children, their interactions will likely be monitored by
a third party.
- Child support – In the case of domestic violence, the abused party
can required a domestic violence restraining order, which will order the
abuser to pay child support. Parenting time and physical custody will
also be affected, though not permanently.
- Alimony – Alimony is awarded in the event of domestic violence if
the offending party does not allow his or her spouse to work, thus rendering
them financially unstable.
- Division of marital estate – Judges are often sympathetic to the
abused party, and will likely award a larger share of the marital estate
to the victim.
Contact Our Bergen County Divorce Lawyers Today
At Moskowitz Law Group, we understand the sensitive nature of domestic
violence, especially during divorce. We are comprised of compassionate
and skilled Bergen County divorce lawyers who will work tirelessly to
help you attain the outcome you deserve. Our prominent legal team has
seen a wide range of divorces involving domestic violence and we will
apply our years of experience and education to create a personalized plan
of action for you.
Contact our office by calling (201) 419-6223.