Millions of households are affected by domestic violence each year. Over the past few years, every state has enacted laws that protect victims and address the effects of abuse on divorce cases. Here, clients can learn how domestic violence may change the approach used in a divorce case.
Filing
Most places have no-fault divorce laws, where neither party receives blame for the dissolution of the marriage. In these areas, one cannot request a divorce based on a spouse’s abusive behavior. However, even in no-fault divorce jurisdictions, a client and their domestic violence lawyer in Temecula can introduce that conduct as evidence.
Child Custody and Visitation
Proven domestic violence can have serious effects on child custody. If a spouse is abusive to anyone in the home, they’re less likely to gain custody. When a spouse is abusive, documentation of the behavior can influence a court’s custody decisions. Courts can require supervised visits, or that exchanges must happen in public.
Asset Division
In many areas, the courts consider a spouse’s acts during the marriage when dividing the marital estate. In these cases, the judge may award a larger portion of the estate to the abused spouse, especially if the abuser’s actions negatively affected the victim’s finances.
Spousal Support
Domestic violence has the greatest effect on spousal support when the abuser inflicts financial harm on the victim. In such cases, a judge is likely to make an order for support. In some areas, the family court may consider domestic violence when determining the support amount, even if the acts had no effect on the victim’s employability.
Divorce Settlement
If one spouse has abused the other, the victim may have the advantage in several components of a divorce case. If the abuser doesn’t want his or her behavior coming to light in court, they may be more likely to agree to terms that favor the victim. A domestic violence lawyer in Temecula can help a client negotiate a fair settlement without the need for a trial.
Domestic violence can have lifelong physical and mental effects, but the financial effects can be just as damaging. For more information on the effects of domestic abuse on a divorce case, click here or call the Law Office of Michelle Penna for a consultation.
