Does Domestic Violence Affect Divorce Cases?

Spouses may seek a divorce for a variety of reasons, and domestic violence is among the most serious causes. Domestic violence allegations affect the rights of the divorcing parties, although the resolution varies from case to case. Read on to understand the effect of domestic violence on divorce proceedings.
What Are the Effects of Domestic Violence on Divorce?

Domestic violence affects many issues in a divorce, including the following.

Child Custody and Visitation

If there are children involved in your divorce case, the judge determines the best living arrangements for them. A long history of physical abuse can affect a parent's chances of getting physical custody. However, you need to prove that the alleged abuser is a threat to you or your children. Some considerations include:

• Photographs, medical records, and other physical signs of abuse
• Whether or not the abuser was abusive to the child
• The effect the domestic abuse has had on the child
• The frequency and severity of the domestic violence allegations

Domestic violence allegations also affect the visitation rights of the alleged abuser. The court can order supervised visitation, issue an order of protection, or order the parent to participate in domestic violence counseling or anger management classes.

However, some parents may fabricate domestic abuse allegations in an attempt to gain the upper hand in child custody and visitation proceedings. If you are facing fabricated domestic abuse allegations, you need to retain a family law attorney and contest the accusations.

Protection Orders/Restraining Orders

If you seek a divorce from an abusive spouse, you can ask the judge for a restraining order or protection order. If the court believes you're in danger, it may be able to grant you immediate protection until a full hearing can occur.

Distribution of Marital Assets

The court uses its best judgment to divide marital property during divorce cases. The standard of asset distribution depends on your state. In equitable division states, the court tries to be fair in asset and debt distribution. Washington is a community property state, so courts determine which assets belong to the partners equally and those that are separate.

However, domestic violence allegations may affect property distribution outcomes.

Alimony/Spousal Support

Alimony/Spousal Support is court-ordered financial support given by one spouse to the other. Typically, courts award spousal maintenance to spouses who require economic support during or after the divorce proceedings. However, a judge considers how domestic abuse impacted a person's ability to be self-supporting.

If you're divorcing an abusive spouse, you may get the upper hand in some aspects of the proceedings. At the Law Office of Leonard Ernest Kerr, we are ready to fight for your rights aggressively. Talk to our compassionate attorneys today to get the most favorable outcomes for your family.