Can You Get a Divorce for Domestic Violence?
Every 20 minutes, someone finds themselves suffering from domestic violence at the hand of their partner. If you’re reading this, you may be wondering, is domestic violence grounds for divorce?
We will provide you the answers that you need to help you move forward with the best decision possible. Can you get a divorce for domestic violence?
Get ready to find out now.
What Does the Law Say About Domestic Violence?
Under the New Jersey law, domestic violence is more than just physical. It can also be mental and emotional abuse that can affect you and any children involved in the situation.
If you’re being subjected to any type of domestic abuse, you can get out. That’s why it’s essential to get a lawyer who understands the Prevention of Domestic Violence Act of 1991 and knows what constitutes domestic violence in NJ.
Your legal representation will help you to file a complaint both criminally and under the Domestic Violence Act to help you get to safety.
Is Domestic Abuse Grounds for Divorce?
In the eyes of the law in NJ, domestic abuse is one reason people get a divorce. You may now be wondering how to get a divorce with domestic violence, and we’ve got the answer.
There are two types of divorce petitions that you can file. One is known as the no-fault divorce, and the other is a divorce based on fault.
Because you’re dealing with domestic abuse, you’re going to want to file a divorce based solely on fault. One of the reasons you meet when filing a divorce based on fault is that there has been severe cruelty during the marriage.
Domestic violence counts as extreme cruelty that has taken place. During the divorce, assets that were acquired during the marriage will be split accordingly.
It’s essential to know that domestic abuse during the marriage won’t affect the splitting of assets. Still, it can be considered by the court as something relevant to the overall case.
What About the Kids?
One thing that you should do to protect yourself is to get a restraining order against your former spouse. If you’ve got a restraining order, it will affect the terms under which your spouse can see your children.
Depending on the severity of the domestic abuse charges, a parent may not be able to see their children, or the time they can spend with them will be reduced and be in the presence of a supervisor.
Is Domestic Violence Grounds for Divorce?
When answering the question is domestic violence grounds for divorce, the simple answer is yes.
But, you’ve got to understand that although domestic abuse has taken place in your marriage, that doesn’t mean the court will give you more than what you’re due as far as the separation of assets and child custody are concerned.
If you need legal help to petition for divorce in a domestic violence case, contact Dalena & Bosch Attorneys at Law. Not only do we practice family law, but we can also provide you assistance when it comes to divorce.