If you’re the victim of domestic violence, you’re not alone. Unfortunately, domestic violence is a prevalent issue that many individuals face in today’s society. As such, domestic violence can have a considerable impact on a New York divorce. The courts will consider these allegations when determining matters like child custody, alimony, and property division, as they will seek to prioritize the safety and stability of the victim. Understanding the effect domestic violence will have on your divorce in New York is crucial. Please continue reading and contact a compassionate Suffolk County Domestic Violence Attorney to learn how we can fight to protect your rights.
How Does Domestic Violence Impact Divorce Proceedings in New York?
In New York, including Suffolk County and Long Island, couples seeking to dissolve their marriage have two options. They can either file for a fault or a no-fault-based divorce. In a fault divorce, the petitioner holds the other spouse responsible for ending the marriage, while in a no-fault divorce, no blame is placed on either party.
In cases of domestic violence in the state of New York, you may be able to cite “extreme cruelty” as the grounds for a fault divorce. If there is evidence of abuse in a marriage, it can have a significant impact on the court’s decisions on the terms that will apply to the termination of your marriage, including property division, spousal support, child custody, and child support. The court possesses broad discretion when evaluating each factor in a specific case.
Domestic violence will influence the court’s decisions regarding equitable distribution, with judges considering any financial hardship that the victim may have suffered. Additionally, the court examines whether a victim was coerced into remaining in the marriage. When a spouse has suffered abuse, family courts can behave similarly to civil courts. This means that if they deem it appropriate, they can grant a victim a larger share of the couple’s marital assets as a form of financial compensation.
Domestic violence will also impact the court’s decisions about spousal support. While the court will not order an abusive spouse to pay alimony as punishment for bad behavior during the marriage, the court is more likely to grant it if a victim can demonstrate that the abuse they suffered has prevented them from being self-supporting.
Key Legal Ways Domestic Violence Impacts Divorce Outcomes
- Courts may award a larger share of marital property as compensation for financial hardship caused by the divorce
- Judges can increase spousal support if abuse impacted their earning capacity
- Domestic violence may constitute “extreme cruelty,” which allows victims to file fault-based divorce in Suffolk County
- Evidence of abuse can impact child custody and parenting time determinations
Domestic violence can directly impact the outcome of a divorce, as the judges may consider this factor when making decisions regarding the division of property, child custody, and alimony.
What Constitutes Domestic Violence Under New York Law?
Domestic violence is not strictly limited to physical harm. In accordance with New York law, abuse may also involve patterns of behavior used to control or intimidate another person. This can apply to current or former spouses, co-parents, and those in intimate relationships.
Examples of Domestic Violence Recognized by the New York Courts
- Physical abuse (hitting, kicking, physical restraint)
- Sexual abuse and non-consensual acts
- Verbal abuse or coercion
- Emotional and mental abuse
- Financial abuse
- Stalking or harassment
Domestic violence is defined under Social Services Law – SOS § 459-a of the New York Consolidated Laws.
Will Domestic Affect Suffolk County Child Custody Decisions?
Furthermore, when the Suffolk County court finds a spouse guilty of domestic violence, it can impact child custody decisions. The court’s primary concern is safeguarding a child’s best interests. Essentially, they want to ensure the children grow up in the best environment possible. As such, judges are more likely to award sole custody to the victimized parent in instances of domestic violence to protect the physical, mental, and emotional well-being of a child. The court wants to ensure that the children are safe from potential harm. Therefore, they may strip all custody and visitation rights from an abusive spouse or require supervised visitations. In extreme cases, the court can even terminate an abusive spouse’s parental rights.
How Do Courts Evaluate Child Safety in Abuse Cases?
- Courts strictly adhere to the best interests of the child standard
- The judge will assess if the child was subject to or exposed to the abuse
- Courts can order supervised visitation or completely deny visitation
- Evidence, including police reports and medical records, will be considered
How Domestic Violence Can Impact Financial Outcomes
Domestic violence often has a direct impact on the financial outcomes of a divorce, especially if the abuse has affected the victim’s ability to work or sustain financial independence.
Financial Impacts Considered by the Court
- Loss of income or earning capacity due to abuse
- Medical or therapy expenses resulting from the abuse
- Financial control or coercion
- Need for continued financial support (alimony)
- Unequal access to marital funds and assets during the marriage
Contact an Experienced Suffolk County Divorce Attorney
If you’re the victim of domestic violence in Suffolk County or Long Island, please don’t hesitate to contact a trusted attorney from The Law Offices of Susan A. Kassel, P.C., who can help guide you towards a brighter future. Our firm understands the impact that domestic violence can have on your life, which is why we are committed to helping you fight for the best possible outcome from your divorce. Contact us today to learn how we can represent you.
