Domestic violence is a pervasive issue among married couples in New York. If you have filed for divorce from an abusive spouse, understanding how acts of violence can affect your divorce can help you make informed decisions about the next chapter of your life. Please continue reading to learn how domestic violence can impact the outcome of your divorce proceedings in New York and how a compassionate Nassau County Domestic Violence Lawyer can help protect your rights.
What Constitutes Domestic Abuse in NY?
While domestic violence is commonly associated with physical abuse, it encompasses any action or pattern that affects an individual’s health and safety. Essentially, this means you can still be a victim of domestic violence even if your partner has never laid a hand on you. Domestic abuse is typically manifested as a pattern of behavior in a relationship that is used to gain or maintain control over an intimate partner. Abuse is physical, verbal, emotional, sexual, economic, or psychological actions or threats that are intended to frighten, intimidate, manipulate, hurt, or humiliate someone. Unfortunately, anyone can be a victim of domestic violence, regardless of age, race, ethnicity, sexual orientation, faith, or class.
How Can Domestic Violence Influence My Divorce?
One of the most significant ways that spousal abuse can impact a divorce is through child custody. Family courts prioritize the safety and well-being of the children involved in divorce cases. As such, if there is evidence of domestic violence, it can impact the judge’s determination of child custody and parenting time arrangements. The court will likely impose restrictions or supervised parenting time to limit the child’s exposure to further harm.
New York is an equitable distribution state. This means that the court will divide marital property fairly, though not necessarily equally. In cases involving domestic violence, the judge may grant the victim a larger share of assets when dividing marital property if the spouse can show that the abuse caused them financial losses or diminished their ability to earn money.
In addition, domestic violence can influence a judge’s decision about spousal support. Judges award spousal support to those who need financial support after a divorce, they don’t order one spouse to pay it as punishment for bad behavior or wrongdoing during the marriage. That said, a judge can deny an alimony request from an abusive spouse as such payments perpetuate such violence.
If your divorce involves domestic violence, please don’t hesitate to contact an experienced lawyer from the Law Offices of Eyal Talassazan, P.C., who can help protect your rights and future. Connect with our firm today to learn how we can help you fight for the best possible outcome.
