Domestic violence remains a prevalent issue among married couples in New Jersey, and it has been the trigger of many divorce cases. If you have filed for divorce from an abusive spouse, it’s crucial to understand how acts of violence can affect the outcome of your divorce. Please continue reading to learn how domestic violence can impact divorce proceedings and how our compassionate Monmouth County Domestic Violence Attorneys can help protect your rights.
What Constitutes Domestic Violence?
Contrary to popular belief, domestic violence extends beyond physical abuse in intimate romantic relationships. Domestic abuse can occur within a range of relationships including couples who are married, living together, or dating. It’s important to note that domestic violence can happen to anyone of any race, ethnicity, age, sexual orientation, religion, or gender. Essentially, it doesn’t discriminate, meaning anyone can be a victim or an abuser, regardless of socioeconomic background.
Domestic violence is often defined as a pattern of behavior in a relationship that is used to gain or maintain power and control over another person. This includes any behaviors that are aimed to frighten, intimidate, manipulate, terrorize, humiliate, or harm someone. As such, you can be a victim of domestic violence even if your partner has never physically hurt you. However, it can usually culminate in serious bodily injury or death. The following are considered forms of relationship violence:
- Physical abuse
- Verbal abuse
- Emotional abuse
- Psychological abuse
- Sexual abuse
- Financial abuse
How Do Charges of Domestic Violence Impact Divorce Proceedings in NJ?
If you have suffered any form of domestic violence during your marriage, it can have a profound impact on the outcome of your divorce. It’s important to note that New Jersey allows for both fault and no-fault divorces. In cases involving domestic violence, a plaintiff can cite “extreme cruelty” as the grounds for divorce. This can impact the court’s decision regarding the equitable distribution of marital property, spousal support, child custody, and child support.
When domestic violence is present in a marriage, the judge can deny an alimony request from the abusive spouse. This is done to ensure victims don’t have to financially support the individual who subjected them to harm. A judge may order an abusive spouse to pay more in alimony and child support, so long as the other factors in the case justify such a decision. For instance, if a victim can demonstrate that the abuse they endured has prevented them from being self-supporting, the court can grant a more substantial alimony award.
In addition, the court may grant the victim a larger share of marital assets to compensate the victim for the abuse they have suffered at the hands of their partner. When it comes to child custody, the court will serve the child’s best interests. If a parent is accused or convicted of domestic violence, it presents a risk to the children’s well-being. As such, the court can limit parenting time, order supervised visitation, or even in extreme cases, deny visitation entirely until the abusive parent has completed court-ordered treatment.
If you are the victim of domestic violence, please don’t hesitate to contact an experienced attorney from Paone Zaleski & Muprhy, who can help safeguard your rights and fight for the best possible outcome on your behalf. Connect with our firm today to learn how we can help you move on from this chapter of your life toward a brighter future.
