How Does Domestic Violence Affect a Divorce Case?
Domestic violence or intimate partner violence makes an already stressful situation so much worse. For many survivors of domestic violence, leaving the abusive partner took months or years of planning to execute. The unknown is a terrifying experience, but thankfully, New York divorce law provides some protections to support financial and resource security for the person escaping an abusive marriage. There is little certainty in court proceedings but with the help of a New York divorce attorney like those from Vivien I. Stark, P.C.
The Role of Domestic Violence in Divorce
When you file for divorce in the state of New York, there are different types of divorce you can request. People often hear about irreconcilable differences, which is common in divorces that are relatively amicable, and no one is trying to fault the other party for the dissolution of the marriage. In relationships with domestic violence, these are often contested, and the survivor may choose to claim cruel and inhumane treatment as their grounds for divorce. This can affect the outcome of proceedings in a few ways.
Equitable Distribution
New York divorce law abides by equitable distribution. This is a method of asset division that is equitable to both parties but not necessarily equal. Domestic abusers frequently create and exploit power dynamics in the relationship. This can mean social, emotional, or financial manipulation, and the judge may take steps to redistribute those resources to level the playing field. In some cases of extreme abuse where the abuser has not allowed the surviving partner to establish their own life and earning potential, it may require a significant amount of family resources to ensure the partner is able to have an equitable experience.
Spousal Maintenance
Spousal maintenance or ‘alimony’ is generally calculated based on specific variables and, therefore, cannot be increased to compensate for abusive behavior. The judge is also unable to award alimony to be paid by the abuser if it would not otherwise be indicated. However, a judge may be able to bar the abuser from receiving alimony.
Child Custody and Visitation
In many cases of domestic violence, children in the home are also subjected to the violence and volatility of the other partner. New York custody agreements prioritize the child’s best interest when determining custody. In most cases of proven domestic violence, the judge determines that the best interest is to be protected from the abusive parent. The adverse effects of domestic violence on children are well documented. This includes children who may not be abused themselves but who witness abuse by or to a parent. These factors are taken into consideration when determining custody and visitation.
Order of Protection
If you have concerns for the ongoing safety of yourself or your children and have obtained a protective order, these can influence child support or spousal maintenance requirements. It may be helpful to notify your divorce attorney if you already have a protective order against your partner. This information can be helpful in establishing abuse, and some protective orders may also require the abusive partner to pay legal fees associated with the divorce. Protective orders are heard and established in family court, and more resources for protecting you and your children from an abusive partner can be found through the office for the prevention of domestic violence.