Is Domestic Violence an Automatic Ground for Divorce?
Domestic violence is a serious issue that can significantly impact divorce proceedings. In New York, domestic violence is considered grounds for a fault-based divorce. This means that a spouse can file for divorce citing cruel and inhuman treatment if they have been subjected to physical, emotional, or psychological abuse.
Beyond serving as grounds for divorce, domestic violence can also influence other aspects of the proceedings. For instance, it may affect decisions regarding child custody, visitation rights, and spousal support. The court prioritizes the safety and well-being of the abused spouse and any children involved.
In addition to filing for divorce, victims of domestic violence can seek protective orders to ensure their safety. These orders can include provisions such as restraining the abusive spouse from contacting or approaching the victim, and granting temporary custody of children. Orders of protection may even extend to the children, if the court feels same is necessary to protect their safety and well being.
It should be noted that in New York State, the reasons for the divorce, whether it be domestic violence or infidelity, have no impact on the division of property in the divorce.
Proving domestic violence in court requires substantial evidence, such as police reports, medical records, witness testimonies, and photographs of injuries. This evidence is crucial in demonstrating the pattern of abuse and its impact on the victim’s life.
If you are experiencing domestic violence, it is crucial to seek help immediately. Reach out to local shelters, hotlines, or organizations that provide support to victims of abuse. Your safety and the safety of your children should be the top priority.
Zimmer, Mathiesen & Associates can provide legal support and connect you with resources to ensure your safety and navigate the complexities of a divorce involving domestic violence. Our attorneys have experience handling sensitive and high-stakes cases, and we are committed to protecting your rights and well-being.
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