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Is Domestic Violence Grounds for Divorce in NJ?

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Jun 29, 2021

Is Domestic Violence Grounds for Divorce in NJ?

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.

Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019