For many, suffering abuse at the hands of their spouse or partner can seem like a never-ending cycle. Unfortunately, victims of domestic abuse are often too afraid to file for divorce, as they worry about the repercussions they may face for doing so. However, if you’ve been able to do so safely, understanding the impact the violence you’ve endured can have on the outcome of your divorce is critical. The following blog explores what you should know about how these matters are handled in New York and why connecting with Nassau County domestic violence lawyers is critical to fighting for your rights during this incredibly difficult legal process.
What Constitutes Domestic Violence?
Domestic violence is any act of abuse that occurs between two people in an intimate relationship. They do not have to be romantic partners, though these relationships are often associated with violence. It’s also important to understand that individuals may still be victims of domestic violence even if their partner has never physically hit them.
Typically, domestic violence occurs when one partner uses physical, sexual, financial, emotional, or verbal abuse to maintain power and control over the other. They may make the victim dependent on them to keep them in the cycle of abuse. Examples of abuse one may suffer include, but are not limited to, the following:
- Physical abuse – hitting, punching, pushing, slapping, shaking
- Sexual abuse – rape, molestation, assault
- Financial abuse – limiting the victim’s own income or taking it as their own
- Stalking – in-person or online
- Verbal abuse – humiliation, degradation, ridicule
- Emotional abuse – gaslighting, isolating, threatening
If I’ve Endured Domestic Abuse, Will It Impact My Divorce?
If you are a victim of domestic abuse at the hands of your spouse, it’s important to understand the impact the violence you’ve faced can have on the outcome of your divorce. Generally, one of the most substantial areas this will influence is child custody. If you and your spouse share a child together, and you have evidence of the abuse you’ve endured, it likely will not be in the best interest of the child to remain in the abuser’s custody. As such, they may have limited supervised visitation with the child as opposed to shared custody.
It’s also important to understand that this can have a significant impact on an alimony award. The courts will not order an abuser to pay spousal support as a punishment. However, they may understand that the abuse suffered by the victim has likely impacted their ability to be self-sufficient and earn an income, warranting payment.
Filing for divorce when in an abusive relationship is not something many people are able to do for safety reasons. As such, if you’ve filed, ensuring you work with an attorney to fight for the best possible outcome for your divorce is critical. At Barrows Levy PLLC, our team is dedicated to fighting for you. Connect with our team today to learn how we can help you start the next chapter of your life.
