How Does Domestic Violence Affect Divorce?

October 20, 2020

domestic violence

Domestic violence can have very devastating consequences, and it is a very common reason for divorce. Domestic violence refers to many different forms of abuse committed by a member of a family, household, or by an intimate partner. This type of abuse can also be committed by anyone in a romantic relationship or dating engagement. Domestic violence refers to patterns of power and control in the relationship or household.

What are the Types of Domestic Violence?

There are many different forms of domestic abuse, including:

  • Control: A way for an abuser to maintain dominance over the victim.
  • Physical: Any physically aggressive behavior, including hitting, slapping, kicking, pushing, and burning.
  • Sexual: Forcing sex onto another person or using sex in an exploitative way. If a victim had consented to sex in the past, this does not mean they currently give consent to their abuser.
  • Emotional: Exploiting another person’s vulnerability and insecurities.
  • Verbal: Any abusive language used to threaten or embarrass the victim.
  • Economic: Away to control a victim through manipulation of financial resources.

A victim has the right to a court order if their abuser harms or attempts to harm them physically, sexually, or emotionally. Filing for a court order can protect a victim from further harm by their abuser.

Can Domestic Violence be a Reason for Divorce?

Over the past few decades, many laws have been enacted to help protect victims of domestic violence. However, it can still be difficult for many people to file for divorce based on domestic violence.

When filing for a divorce, a no-fault divorce is the most common option for couples. If this type of divorce is the only option, one will not be able to file based on domestic violence. However, there are many states, including New Jersey, that allow a partner to file divorce solely based on domestic violence charges.

Hiring an experienced lawyer can help a spouse file for divorce and will ensure that the domestic violence does not go unnoticed. Once the divorce has been filed and the judge accepts the reason as domestic violence, the abused spouse may be entitled to a larger share of the marital estate. The abused spouse may also receive alimony and a favorable settlement without having to take their case to trial. This often happens when the abuser does not want the issue of their domestic violence coming to light in front of family and friends.

Domestic abuse is a serious accusation and should not be something that a victim holds secret. It can be very difficult for a victim to come forward with abuse allegations, but it will be safer for them to present their case now rather than later. Many people stay in abusive relationships because of fear. In New Jersey, there are laws that protect victims and their children from further abuse. If a person wishes to pursue a divorce, it is important to speak to an experienced lawyer as soon as possible.

Moorestown Divorce Lawyers at Stockton Family Law Advocate on the Behalf of Domestic Violence Victims

Our experienced Moorestown divorce lawyers at Stockton Family Law work with clients with difficult divorce cases. We will guide you through the process and fight to ensure you have a fair settlement. Call us at 856-412-5052 or contact us online for an initial consultation. Located in Moorestown, New Jersey, we serve clients throughout South Jersey, including Mount Laurel, Burlington County, and Camden County.