How Does Domestic Violence Impact Divorce?
Domestic violence is an unfortunate reality for many individuals. It impacts their safety, well-being, and legal rights, particularly in divorce proceedings. When children are involved in the equation, things become even more challenging.
Facing a divorce amid such circumstances presents many hurdles to overcome, so carefully considering all the potential implications is essential. Domestic violence impacts divorce in several ways, so it makes sense to become familiar with all the potential outcomes.
How Does Domestic Violence Impact Child Custody?
One of the most pressing concerns for individuals experiencing domestic violence is the well-being and safety of their children. In cases where domestic violence is present, courts prioritize the safety and best interests of the children above all else. The courts will consider various factors when determining child custody arrangements, including the history of domestic violence.
In situations where there is evidence of domestic violence, the court may be inclined to limit or deny the abusive parent’s access to the children. This decision aims to protect the children from potential harm and ensure their safety. Bear in mind that each case is unique, and the court will assess the situation’s specifics before making a custody determination.
How Does Domestic Violence Impact Property Division?
Domestic violence can also have significant implications for the division of marital assets and property during divorce proceedings. In many jurisdictions, courts consider domestic violence as a relevant factor when dividing property between spouses. The courts may consider the financial consequences of the abuse, such as medical expenses, lost wages, and property damage when determining a fair distribution of assets.
Can Domestic Violence Impact Spousal Support?
Domestic violence can influence decisions regarding spousal support, also known as alimony or maintenance. In many jurisdictions, courts take instances of domestic violence into account when awarding spousal support. If one spouse suffered domestic violence, they may be entitled to receive spousal support from the alleged abuser.
Grounds for Divorce
Maryland allows for both fault-based and no-fault divorces. Domestic violence can be considered a fault ground for divorce. If one spouse can prove that the other spouse has committed cruelty or excessively vicious conduct, including domestic violence, it can be grounds for divorce. The court will consider various factors when determining the amount and duration of spousal support, including the severity and duration of the abuse, its impact on the claimant’s ability to work and support themselves, and other relevant circumstances.
Individuals involved in a divorce with domestic violence issues must seek legal representation. An experienced attorney can help navigate the complexities of the legal system, protect the rights of the abused spouse and children, and ensure that appropriate legal measures are taken to address domestic violence during the divorce process.
Our Annapolis Divorce Lawyers at Oliveri & Larsen Support Clients Who Have Experienced Domestic Violence
If you are facing divorce in the aftermath of domestic violence, contact our compassionate Annapolis divorce lawyers at Oliveri & Larsen. Call 410-295-3000 or contact us online to schedule a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.