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.

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