How to Handle Divorce When Domestic Violence Is Involved in NY

In today's society, domestic violence is rampant, and affected spouses often feel trapped. The thought of the abuser exerting more abuse or manipulating the court system can prevent victims from taking any legal action.

Domestic violence is a serious issue, and affected spouses need to consider filing for a divorce. While they may have valid concerns about the impact of a divorce on the different aspects of their lives, they need to understand that the justice system provides strong protections to the victims.

Divorce & Family Legal, LLC has helped many New Yorkers come out of a domestic violence divorce case stronger than before. The law firm has experienced divorce attorneys who can guide affected parties on the local laws and protect their rights. As well as assist with explaining how to handle property division in a divorce in NY.

Survivors do not have to navigate through a divorce alone. This guide will go over the impact of domestic violence on the different aspects of a divorce and how affected parties can handle their case.

What's Considered Domestic Violence in New York?

Most people believe that domestic violence is all about perpetrating physical abuse on one's spouse. While that may be true, New York law also recognizes domestic violence as a pattern of control over a family member. In addition to physical abuse, it may include:

• Emotional abuse

• Stalking

• Harassment

• Threats

• Sexual coercion

• Financial manipulation

In many states, including New York, domestic violence is such a serious crime that the court's primary concern becomes the physical safety and financial security of the affected spouse and any children they may have. This means that domestic abuse can impact all aspects of a divorce case, from child custody decisions to spousal support, child support, and property division. Our team can advise on how to handle divorce mediation in NY as well.

How Does Domestic Violence Affect Divorce Cases in New York?

While most spouses choose no-fault divorces in New York, citing "irretrievable breakdown", domestic violence creates grounds for filing a fault-based divorce.

When there is cruel and inhuman treatment involved, officially bringing the abuse in court can strengthen the survivor's case. It can also influence the court's decision when it comes to custody arrangements, spousal support, and property division.

It Can Affect Child Custody Decisions

While domestic violence can put the life of the spouse in danger, it can also have a greater impact on children. Judges know this, and they will often award supervised visitation for abusive parents.

In extreme cases, courts may even deny custody entirely or award sole custody to the non-abusive parent. This ensures the physical safety and emotional well-being of the child.

The key to securing a favorable outcome in a domestic violence divorce proceeding is to submit concrete evidence. This may include threatening texts, pictures of abuse, and medical records showing injuries. Judges use the evidence to determine what is best for the children and assess potential harm to the family.

It Can Affect Child Support

Domestic violence doesn't affect child support calculations. However, during divorce proceedings, the abuser may refuse to pay for the child, creating financial hardships for the affected spouse.

In such situations, the court may issue a temporary child support order, which may legally require the perpetrator to cover all of the necessary expenses of the child.

It Can Affect Spousal Support

The courts do not use alimony as a tool to punish an abuser. However, they can order the spouse responsible for the abuse to pay alimony if the victim can prove that the domestic violence has impacted their ability to be self-supporting.

It Can Affect Property Division

New York is an equitable distribution state, which means that the courts consider various factors when deciding how to divide the couple's marital assets in a fair manner. However, in a fault-based divorce, the victim may have to provide evidence of abusive behavior.

If the judge finds one spouse guilty of abuse and the New York court decides in favor of the other spouse, the affected party may receive a greater share of the property.

Another thing that spouses must note is that the perpetrator of domestic violence often conceals their income, assets, and bank accounts. This makes it crucial to work with an experienced divorce attorney, as they know what to look for and where to locate these to ensure a fair split.

How to Handle Divorce When Domestic Violence Is Involved in NY

Filing for divorce can be a tiring legal process, but domestic violence requires immediate attention. It's important for affected spouses to prioritize their own and their children's safety before doing anything else. Fortunately, they're not alone.

Here are the steps affected spouses must take:

1. Call 911

Seeking protection should be the spouse's main priority. If they are in immediate danger, they should call 911 to alert nearby law enforcement authorities for help. The police will safely evacuate the victim and their children, enabling them to take the next step and consider legal action.

That said, some spouses may want to get out of an abusive relationship in a gradual yet safe manner. If they are experiencing domestic violence but are not in immediate danger, they should create a safety plan. It may include seeking help through the NYS Domestic and Sexual Violence Hotline and gathering the necessary evidence and important documents before exiting the relationship.

2. Obtain an Order of Protection

Once the affected spouse is safe, they should seek an Order of Protection, which requires the abuser to stay away from the victim, their workplace, and their children. The judge may also issue a restraining order, preventing the perpetrator from contacting the family or possessing a firearm.

3. Gather Evidence of Abuse

In a fault-based divorce case, evidence plays a crucial role in determining custody decisions or financial compensation. Police reports, medical records, screenshots of messages, and pictures of injuries can help build a strong claim. Witness statements can further strengthen the divorce case and prove the affected party's side of the story.

4. Rely on Public and Private Resources

Getting away from an abusive spouse can create financial challenges for the victim. Fortunately, there are many private and public resources they can use for support. They may be able to seek safe housing, counseling, and even advocacy.

5. Seek Legal Help

Whether it's physical, emotional, or economic abuse, survivors must reach out to this family attorney in Albany for help. Lawyers can request emergency temporary custody, exclusive use of the home, and immediate spousal and child support. This provides peace of mind and a sense of security.

A skilled divorce lawyer can also guide the affected spouse on the legal process pertaining to divorce proceedings in New York and help gather evidence of extreme cruelty to build a strong case.

Need Help with a Domestic Violence Divorce? Schedule a Free Consultation with a Trusted Attorney Today!

There's a lot that's at stake when a person is experiencing abuse. Affected spouses need to understand the effect domestic violence has on the different aspects of a divorce so that they can take the first step towards protecting themselves and their children.

Divorce & Family Legal, LLC is a family law office that helps victims of domestic abuse across Albany, New York, escape the violence and secure their rights. Call us to schedule a free consultation with a compassionate divorce lawyer today!