Unfortunately, domestic violence often occurs between spouses. Allegations of domestic violence can impact a divorce in several ways. In this blog, our Nassau County divorce attorneys discuss domestic violence allegations and what spouses should know to protect their rights.
Defining Domestic Violence in Nassau County, NY
Domestic violence occurs when someone in an intimate relationship does something to control their partner. Physical abuse is a common form of domestic violence. However, any pattern of abusive behavior can fall under the definition of domestic violence, including sexual violence, economic abuse, and emotional abuse.
A spouse can face criminal penalties for domestic violence, including charges of stalking, harassment, assault, and other crimes. Domestic violence could also affect divorce proceedings in New York, including child custody and spousal support.
Overview of the Effect of Domestic Violence on Divorces in New York
If your divorce case involves allegations of domestic violence, it could impact your divorce in one or more of the following ways:
Grounds for Divorce
New York has fault and no-fault grounds for divorce. Many divorces are filed based on the irretrievable breakdown of the marriage relationship (i.e., no-fault divorce). However, spouses may file on fault grounds. Fault grounds allege that a spouse’s wrongful acts have caused the breakup of the marriage.
One of the fault grounds for divorce is cruel and inhuman treatment. Domestic violence is an example of treatment that would meet this ground. The domestic violence must have occurred within the past five years. The spouse alleging domestic violence must prove they are in physical or mental danger, and it is unsafe to continue living with their spouse.
Child Custody
Domestic violence can affect child custody arrangements. Courts base custody on the best interests of the child. The judge may determine that it is dangerous for a child to remain in the custody of a parent accused of domestic violence. A judge could impose restrictions on visitation, including supervised visitation, to limit a child’s exposure to harm.
Spousal Support
A judge may consider domestic violence when they decide issues related to alimony or spousal support. A judge could deny the request for alimony from a spouse guilty of committing domestic violence. However, a judge will not grant spousal support as punishment. Support is granted because of a financial need. If a spouse proves that the domestic violence reduced their earning capacity or ability to work, the judge could grant alimony.
Property Division
New York is an equitable distribution state for property division in a divorce. The court decides what is fair and equitable for dividing marital assets when the spouses cannot agree on how to divide their assets. A judge could grant an abused spouse a larger portion of the marital assets if the abused spouse proves that domestic violence caused them to lose earning capacity or incur financial losses.
Schedule a Free Consultation With Our Nassau County Divorce Attorneys
Domestic violence is treated seriously by New York courts. If you have questions about how domestic violence impacts your divorce proceedings, call Kohan Law Group, P.C. for a free case evaluation. Our Nassau County divorce attorneys can help you determine the best option for protecting your rights.