If you are getting a divorce because you are a victim of domestic violence, it’s important to know how this history might affect the negotiations. Our Morris County, NJ domestic abuse lawyers can help you pursue a divorce, negotiate for a fair agreement, and ask for temporary restraining orders or other protective measures when needed.
What is Considered Domestic Violence?
Domestic violence is not just physical violence. You could consider it DV if your spouse:
- Isolates you from others
- Engages in emotional abuse
- Keeps you from accessing money
- Stalks you
- Hits you
It can be hard to leave this kind of situation. Filing for divorce should be one of your first steps once you can get somewhere safe.
Can I Use Domestic Violence As Grounds for Divorce?
New Jersey does allow for a fault-based divorce. So when you file you can make it clear that the history of domestic violence is the reason why you are filing. This is not your only option when submitting the initial divorce paperwork though. Let’s get a bit deeper into why a fault-based divorce may or may not be a good idea.
What is the Difference Between a Fault-Based and No-Fault Divorce?
This state also allows a no-fault divorce. This means that you don’t have to give a reason to submit your paperwork and have your spouse served with divorce papers. New Jersey courts do not actually need you to have a reason why you are getting divorced.
Some people opt for the no-fault divorce because it can be simpler. When you choose a fault-based divorce, the court cannot just take your word. If your grounds for divorce are abuse and domestic violence, you absolutely need to have proof. It can be tough to offer convincing proof though, and it’s often traumatic for the victim of domestic violence to relive what happened to them. So if you would rather choose a no-fault divorce and make the process easier, that’s within your rights.
How Can Domestic Violence Affect Divorce Negotiations?
A history of domestic violence can make negotiations more difficult. One issue is that it can make it difficult to sit down and discuss issues in good faith. Mediation is a popular alternative to litigation where a couple sits down and works together to resolve matters like child custody or alimony, but that rarely works for a couple who cannot trust each other.
A history of DV can also affect child custody and visitation arrangements. An abusive spouse may not be able to get unsupervised visitation with their children. Such a history can affect alimony arrangements as well. If the abuse you suffered has left you with lasting physical or mental health issues, that can affect your ability to work and support yourself. You may be awarded more alimony as a result.
Contact Our Law Firm Today
If you have any questions about what our divorce attorneys can do to assist you, schedule your consultation. Contact Townsend, Tomaio & Newmark, L.L.C. to meet with our team today.
