How Does Domestic Violence Impact a Divorce?

domestic violence

Domestic violence or the accusation of it can certainly have an effect on how a divorce turns out and what kinds of agreements can be reached. If you are divorcing your spouse and want to make domestic violence your reason for doing so, our fault divorce attorneys in Bergen County, NJ are ready to help you.

Can You File for a Fault Divorce Due to Domestic Violence?

You can. Domestic violence would probably be considered “extreme cruelty” under state law, meaning that you would be able to use it as grounds for divorce. New Jersey allows couples to pursue a fault divorce or a no-fault divorce, so you can use a partner’s history of domestic violence to file for a fault divorce.

However, you should be aware that you are going to have to go over these details in court, where they will be put into a record. If you do not want to relive these moments or if you fear that a fault divorce will be more contentious and less safe, that is valid. We can help you figure out the safest path forward.

What Are Some Examples of Domestic Violence?

Most people think of physical violence when they hear domestic violence, but that is not the only thing that is considered DV. You can accuse your former spouse of domestic violence even if they did things other than hitting you. DV can include:

  • Physical abuse
  • Restraining someone against their will
  • Stalking
  • Sexual violence
  • Harassment
  • Terroristic threats
  • Trespass
  • Criminal sexual contact
  • Cyber harassment

If your partner is trying to harm you or instill fear into you with their actions, they are likely committing DV.

Can Domestic Violence Affect the Property Distribution Process?

New Jersey tries to split up property in an equitable way. Generally, the bad behavior of a spouse would not weigh too heavily on this process. However, if the spouse who committed DV has also committed financial abuse or done things to reduce the value of your shared property, then that could be considered when the marital property is distributed.

Could DV Charges or Accusations Affect Custody and Visitation Arrangements?

This is the most likely part of your divorce agreement that would be affected if your partner was credibly accused of domestic violence. Most courts are not going to want to grant visitation rights, much less custody, to someone who commits DV. A parent with that kind of record might get supervised visitation or be forced to go to classes or counseling.

Contact Our Law Firm Today

When you are going through a divorce, make sure that you have the right team on your side. The attorneys here at Townsend, Tomaio & Newmark have plenty of experience guiding people through this process and helping them fight for the best possible outcome. We are ready to fight for you as well.

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