How Does Domestic Violence Affect Divorce in New Jersey?
Domestic Violence has been a menance among married couples in New Jersey, and it has been the cause of most divorce cases. Most abused spouses keep their abuse secret. However, it is unsafe for the victim, children, or those who witness it.
When relationships become toxic, especially with domestic violence, it is safe for the victim to exit to prevent further damage. However, the victim remains in the marriage because of the fear of the consequences of leaving an abusive spouse.
The alleged perpetrator will likely face some consequences in divorce filing and legal proceedings. Whether you are the victim or an alleged perpetrator living in New Jersey, it is important to know how domestic violence affects a divorce.
Filling A Divorce Based on Domestic Violence In New Jersey
The New Jersey law allows divorce petitioners to choose between filing a fault or no-fault divorce, and the ground for fault-based divorce is extreme cruelty. This does not necessarily imply that a fault-based divorce will have a favorable outcome than a no-fault divorce.
The asset might even be distributed equitably in a fault or no-fault divorce based, except if the spouse’s fault had an economic impact on the married couple’s finances or committed financial misconduct.
For example, if a spouse gambled away the savings during the marriage or had a depletion of their assets. This may not affect child custody, child support and alimony as well.
However, if the victim’s spouse files charges for domestic violence and prevails in court, that will most likely have a noticeable impact on the divorce proceedings.
What Is The Impact of Domestic Violence On Divorce?
Domestic violence will more likely affect divorce proceedings, such as child custody arrangement, visitation, alimony, child support, and criminal charges, especially if the plaintiff obtains and maintains a restraining order.
The aspect of a divorce that will undoubtedly be impacted or affected by the allegations of domestic violence is child custody. If the abused spouse has obtained a restraining order, it will have a major impact on the restrained spouse to see the child and limit when and where to visit the child.
Above all other considerations, the family court will ultimately seek to protect the children’s best interests and well-being. A parent convicted of domestic violence risks
the children’s well-being. Hence, the court may limit the parent’s visitation, order supervision or even, in some extreme cases, suspend or deny visitation entirely until the abusive parent has completed counseling, parenting classes or other court-ordered treatment.
Conclusion
Domestic violence is a valid basis for seeking divorce. However, it is best to have an experienced divorce lawyer on your side to get the best possible outcome.