Divorces can be incredibly emotionally painful and trying. This is only amplified when domestic violence is present in the relationship. The presence of domestic violence or abuse can have a huge impact on the outcome of a divorce process. If you have experienced domestic violence either during or because of your divorce, it will be important to work with a knowledgeable divorce attorney. This will help you to achieve the best outcome for your own situation. Here are a few important things to consider about what happens during a divorce with domestic violence.
Domestic violence often leads to divorce. It can potentially occur as a result of the high emotions during the separation, or may be present in the marriage prior to separation. There are many risk factors that can increase the likelihood of domestic violence. For example, there was an increase in domestic violence cases due to the pandemic requiring people to spend more time at home.
Prioritize your Safety
If you are going through a divorce with domestic violence, it is essential to ensure that you prioritize your safety. Logistics and divorce processes can be figured out later, but your safety needs to be prioritized now. A protective order may be necessary to provide protection for you and your family. Consult with our experienced divorce attorneys for guidance with the process of seeking a restraining order.
Marital Asset Distribution
Marital asset distribution won’t necessarily change due to the presence of domestic violence. This will depend primarily on the state where the divorce is taking place. Some states will look at spousal behavior to determine the allocation of marital assets. In other states, domestic violence won’t mean that your marital assets will be divided any differently than in another divorce situation.
The situation will have a huge impact on the awarded alimony. For example, domestic abuse that involves financial manipulation may result in the abused spouse being awarded a higher amount in alimony. The court will consider many factors that may have been present in the relationship when deciding on alimony. For example, alimony payments will often be ordered in situations where one spouse tried to control the other by prohibiting them from working, which would have prevented financial independence.
Domestic violence tends to have the most significant impact on child custody considerations. While the abusive partner won’t always be precluded from custody rights, they often have a difficult time proving that they can provide a safe environment for children after they have been charged with domestic violence.
Working with a divorce attorney is beneficial for any kind of divorce process, but especially for a divorce with complications. When you work with our experts at Kaufman, Nichols, & Kaufman, you can be confident that you will receive superior guidance through each step of your divorce. To learn more about how domestic violence can impact a divorce, contact us at Kaufman, Nichols, & Kaufman in Ogden, Utah today.