Will Domestic Abuse Impact My Divorce in New York?

man with balled fist in front of scared woman

When you experience domestic abuse at the hands of your spouse, it’s important to understand achieving a divorce can be incredibly challenging. Similarly, many victims of abuse worry about what will happen if they file for divorce. The following blog explores what you must know if you are worried about this process and how a Nassau County domestic violence lawyer can fight for the justice you deserve.

What Behavior Can Warrant Domestic Abuse?

Domestic abuse is any cruelty or harm that transpires between those with an intimate relationship, such as siblings, roommates, or a couple who share a child, though it most commonly impacts married couples. This abuse includes physical, mental, emotional, and sexual violence. As such, the following are common examples of the abuse one spouse can inflict on one another:

  • Physical attacks (slapping, punching, kicking, pushing)
  • Choking
  • Stalking
  • Manipulation
  • Controlling who their victim talks to or where they go
  • Rape or other non-consensual sexual acts
  • Humiliation and degradation
  • Threatening and intimidation

It must be noted that for many victims of abuse, choosing to get a divorce is not always easy. It can be incredibly difficult to make this decision, as they may fear for the lives of themselves, their families, and their children. Many abusers often threaten these people to retain full control over their victims.

Can This Impact the Outcome of My Divorce in Nassau County?

New York offers fault and no-fault divorces for those looking to end their marriages. However, in most instances, filing on the grounds of fault will not impact the outcome of your divorce. One of the only significant differences is that there is no mandatory waiting period for those filing a fault-based divorce, which can be imperative for those living in fear of their spouse. As such, filing on the grounds of abuse will help speed up the process and can help grant you an order of protection from your spouse. This can help create distance between you and your abuser, such as barring them from the family home and revoking their firearms license.

Additionally, if the courts determine your spouse has impacted your financial means, such as depleting your savings or stealing your income, they will likely award you alimony. Additionally, domestic violence can protect you from paying alimony to an abusive spouse, as the courts have leniency in determining whether or not an abusive spouse deserves support.

If you have survived abuse at the hands of your spouse, ensuring you take the necessary steps to secure your divorce is essential. At Barrows Levy, we understand how complex these matters can be. That’s why our compassionate team is dedicated to protecting those impacted by these crimes. Contact our team today to learn how we can assist you.

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