How Will Domestic Abuse Impact My NJ Divorce?

For millions in the United States, facing violence at the hands of their spouse or partner is an unfortunate reality. Escaping the cycle of abuse is incredibly challenging, as many fear the repercussions they’ll face if their partner finds them or uncovers their plan. If you have managed to get to a safe place and file for divorce, understanding how the domestic abuse you’ve endured throughout your marriage is critical. The following blog explores what you should know about these complicated matters and why connecting with New Jersey domestic violence attorneys is imperative to help you through this challenging time.

What Constitutes Domestic Abuse?

Domestic abuse happens when one person, regardless of gender in an intimate relationship tries to gain power and control over their partner through different means. While domestic violence can occur between family members and those who live in the same household, it is most commonly associated with those in romantic and sexual relationships.

Unfortunately, there are many different types of abuse a victim can endure. This includes, but is not limited to, the following:

• Physical abuse – punching, hitting, grabbing, pushing
• Sexual abuse – rape, molestation, manipulation, exploitation
• Emotional abuse – humiliation, degradation, isolation, gaslighting
• Verbal abuse – threats of violence, demeaning language
• Financial abuse – taking your money or controlling how much of your income you spend

It’s important to understand other forms of abuse include stalking, throwing things, and threatening your loved ones as a means of controlling you. If you are a victim of any form of abuse it’s important to understand that it is not your fault and you should not have to endure violence at the hands of anyone, including your spouse.

Will Violence Affect the Outcome of My Divorce?

When you are ready to file for divorce, understanding how the violence you’ve endured will impact the outcome of this matter is critical. The first thing you should do when you are ready to file is connect with an experienced attorney. This process can be incredibly overwhelming, and when you are worried about what your spouse will do, having a lawyer who can help you receive a restraining order is invaluable.

Generally, one of the most influential areas that domestic violence will impact during a divorce is child custody. When the courts are working on a parenting plan, they must consider the best interests of the child. As such, if violence has occurred, the courts likely will not grant the abuser custody, as it would not be beneficial for the child. Instead, they may receive supervised visitation.

Additionally, it can impact alimony. Though the courts will not order alimony as a means of punishing the abusive spouse, they’ll take how it has impacted the finances and earning capacity of the victim, which can result in the abusive spouse making alimony payments.

As you can see, domestic abuse can have a drastic impact on your life and subsequently, your divorce. That is why connecting with an experienced divorce attorney from Haber Silver Russoniello & Dunn is imperative. Our firm understands how overwhelming it can be to navigate this process on your own, which is why we are dedicated to assisting you through these times. Connect with us today to learn how we can help you transition into the next chapter of your life.