If you have suffered abuse at the hands of your spouse, it may trigger your decision to file for divorce. Unfortunately, domestic violence continues to be a prevalent issue among married couples in New York. If you have filed for divorce from an abusive spouse, it’s important to understand how acts of violence will impact your divorce proceedings. Please continue reading to learn how domestic violence can influence the outcome of your divorce and why connecting with a seasoned Suffolk County Domestic Violence Attorney is in your best interest.
What Constitutes Domestic Violence?
Although there are various laws in place intended to protect victims, the issue of domestic violence still stands. It’s important to note that domestic violence is not limited to any ethnicity, age, sex, religion, or socioeconomic status. Essentially, it does not discriminate, meaning anyone can be a victim or an abuser.
Contrary to popular belief, domestic violence is not just physical abuse between intimate romantic partners. Any time an individual attempts to maintain control or power through intimidation, manipulation, or harm, it constitutes abuse. This means you can be a victim of domestic violence even if your partner has never laid a finger on you. Abuse may be physical, verbal, emotional, sexual, economic, or psychological actions or threats.
How Can Domestic Violence Affect Divorce Proceedings?
First, it’s important to understand that New York allows you to file for both fault and no-fault divorces. In cases involving domestic violence, the plaintiff can cite “extreme cruelty” as the grounds for divorce. Domestic violence will impact a judge’s decisions regarding the marital estate. When it comes to equitable distribution, the court will consider the financial hardship the victim endured. A judge can grant the victim a larger share of marital assets if it’s deemed appropriate. If the court determines that the abuse you endured has hindered your ability to work or has affected the financial state of your household, it could warrant an increase in the amount of alimony or child support you can receive.
In addition, when abuse is present in a marriage, a judge will likely award sole custody to the spouse who has been victimized to safeguard the children from potential harm. When it comes to child custody, the court’s primary concern is the child’s best interests. Even if children are only witnesses to their parent’s abuse it can be damaging. That said, depending on the unique circumstances, the court will limit the abusive spouse’s parenting time or require supervised visitation.
If you are the victim of domestic violence, please don’t hesitate to contact a compassionate Suffolk County divorce attorney from The Law Offices of Susan A. Kassel, P.C., who can help fight for your rights. Connect with our firm to learn how we can guide you toward a brighter future.
