How Does Domestic Violence Affect My Divorce?

Sadly, over the years, your spouse may have created an environment of physical, mental, or verbal abuse in your household. You may have finally concluded that enough is enough and that you need to get a divorce for your and your small children’s physical safety and emotional well-being. Well, you may not be surprised to learn that your claims of domestic violence will likely revolve around the center of your divorce case. So please follow along to find out how a history of domestic violence may affect your divorce proceedings and how one of the proficient Somerset County domestic violence lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you and your children get the protection and freedom you deserve.

How does domestic violence affect my divorce proceedings?

If you are undergoing divorce proceedings in the state of New Jersey, you may be able to cite fault grounds. That is, you may claim that your spouse acted or behaved in a certain way that ultimately caused the failure of your marriage. So, if your spouse was a perpetrator of domestic violence, you may name “extreme cruelty” as your fault grounds. Now, this may or may not affect how your divorce-related terms are decided. Specific examples of decisions that may be influenced read as follows:

• Your spouse’s custody rights may be limited to supervised visitation or nothing at all, regardless of whether or not the domestic violence was directed toward your children.
• Your spouse may be assigned as the payor of an alimony order, or at the very least be denied of receiving any alimony payments regardless of their financial standing.
• Your spouse may receive a lesser percentage of your marital property during equitable distribution as a sort of punishment for being the perpetrator of such abuse.

What do I need to prove a history of domestic violence in my divorce case?

The extent to which domestic violence will play in your divorce-related terms may all depend on how much weight the New Jersey Family Court gives to your claims. In other words, your word alone may not hold up in court, so you need the backup of sufficient evidence of your spouse’s history of abuse. Such evidence may include, but may not be limited to, the following:

• Copies of police reports regarding reports of domestic disputes between you and your spouse.
• Photos of your bodily injuries or videos of physical altercations as signs of physical abuse.
• Copies of written communication between you and your spouse as signs of mental or verbal abuse.
• Medical documents that identify your physical signs of abuse and the severity of your bodily injuries.
• Witness testimonies from family members or friends whom you may have confided in about the instances of abuse.

To better understand your legal rights in the matter at hand, please seek the advisement of one of the sound and talented Somerset County family lawyers. Please feel confident in knowing that our team at the Law Offices of Kisha M. Hebbon, LLC has significant experience in handling legal cases just like yours. So call us today.